PRINTER'S NO. 10
No. 10 Session of 1975
INTRODUCED BY MESSRS. FINEMAN, BERLIN, GALLAGHER, REED, WANSACZ,
DeMEDIO, ZEARFOSS, WOJDAK, PIEVSKY, RAPPAPORT, PRATT, GARZIA,
HOPKINS, LAUDADIO, PERRY, OLIVER, SCIRICA, GREENFIELD, MRS.
TOLL, MESSRS. ROMANELLI, DOMBROWSKI, GREEN, FLAHERTY, ABRAHAM,
MRS. GILLETTE, MESSRS. GEORGE AND LEHR, JANUARY 20, 1975
REFERRED TO COMMITTEE ON LAW AND JUSTICE, JANUARY 20, 1975
AN ACT
1 Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2 "An act providing for and reorganizing the conduct of the
3 executive and administrative work of the Commonwealth by the
4 Executive Department thereof and the administrative
5 departments, boards, commissions, and officers thereof,
6 including the boards of trustees of State Normal Schools, or
7 Teachers Colleges; abolishing, creating, reorganizing or
8 authorizing the reorganization of certain administrative
9 departments, boards, and commissions; defining the powers and
10 duties of the Governor and other executive and administrative
11 officers, and of the several administrative departments,
12 boards, commissions, and officers; fixing the salaries of the
13 Governor, Lieutenant Governor, and certain other executive
14 and administrative officers; providing for the appointment of
15 certain administrative officers, and of all deputies and
16 other assistants and employes in certain departments, boards,
17 and commissions; and prescribing the manner in which the
18 number and compensation of the deputies and all other
19 assistants and employes of certain departments, boards and
20 commissions shall be determined," creating the Crime Victim's
21 Compensation Board, prescribing its powers and duties,
22 providing for filing, consideration and payments of claims to
23 persons who are victims of crimes, their dependents and
24 survivors, providing for appeals, and making an
25 appropriation.
26 The General Assembly of the Commonwealth of Pennsylvania
27 hereby enacts as follows:
28 Section 1. As much as applies to the Department of Justice
1 in section 202, act of April 9, 1929 (P.L.177, No.175), known as
2 "The Administrative Code of 1929," amended July 31, 1968
3 (P.L.754, No.235), is amended to read:
4 Section 202. Departmental Administrative Boards,
5 Commissions, and Offices.--The following boards, commissions,
6 and offices are hereby placed and made departmental
7 administrative boards, commissions, or offices, as the case may
8 be, in the respective administrative departments mentioned in
9 the preceding section, as follows:
10 * * *
11 In the Department of Justice,
12 Board of Pardons,
13 Crime Victim's Compensation Board,
14 Board of Commissioners on Uniform State Laws,
15 Pennsylvania Crime Commission,
16 Board of Trustees of State Correctional Institution
17 at Philadelphia,
18 Board of Trustees of State Correctional Institution
19 at Pittsburgh,
20 Board of Trustees of State Correctional Institution
21 at Rockview,
22 Board of Trustees of State Correctional Institution
23 at Graterford,
24 Board of Trustees of State Correctional Institution
25 at Huntingdon,
26 Board of Trustees of State Correctional Institution
27 at Camp Hill,
28 Board of Trustees of State Correctional Institution
29 at Muncy.
30 * * *
19750H0010B0010 - 2 -
1 All of the foregoing departmental administrative boards and
2 commissions shall be organized or reorganized as provided in
3 this act.
4 Section 2. The act is amended by adding sections to read:
5 Section 477. Definitions.--So far as it relates to the crime
6 victim's compensation provisions, the following terms shall be
7 defined as:
8 "Board" means the Crime Victim's Compensation Board.
9 "Claimant" means the person filing a claim pursuant to this
10 act.
11 "Crime" means an act committed in Pennsylvania which, if
12 committed by a mentally competent, criminally responsible adult,
13 who had no legal exemption or defense, would constitute a crime
14 as defined in and proscribed by Title 18 (relating to crimes),
15 act of November 25, 1970 (P.L.707, No.230), known as the
16 "Consolidated Pennsylvania Statutes," or other penal law of the
17 Commonwealth: Provided, however, That no act involving the
18 operation of a motor vehicle which results in injury shall
19 constitute a crime for the purpose of this act unless such
20 injury was intentionally inflicted through the use of a motor
21 vehicle.
22 "Family," when used in reference to a person, shall mean (i)
23 anyone related to such person within the third degree of
24 consanguinity or affinity, (ii) anyone maintaining a common-law
25 relationship with such person, or (iii) anyone residing in the
26 same household with such person.
27 "Intervenor" shall mean a person who goes to the aid of
28 another and suffers personal bodily injury or death as a direct
29 result of acting not recklessly to prevent the commission of a
30 crime, or to lawfully apprehend a person reasonably suspected of
19750H0010B0010 - 3 -
1 having committed such crime.
2 "Out-of-pocket loss" means the unreimbursed and
3 unreimbursable expenses or indebtedness incurred for medical
4 care or other services reasonably necessary for the treatment of
5 the injury upon which the claim is based and for which the
6 claimant either is paid or is liable.
7 "Victim" shall mean a person, other than the criminal, who
8 suffers personal bodily injury or death as a direct result of a
9 crime.
10 Section 477.1. Crime Victim's Compensation Board.--(a) There
11 is hereby created a departmental administrative board for the
12 administration of this act, which shall be known as the Crime
13 Victim's Compensation Board. Such board shall consist of three
14 members no more than two of whom shall belong to the same
15 political party, who shall be appointed by the Governor by and
16 with the consent of the Senate. At least two members of the
17 board shall have been admitted to practice law in the
18 Commonwealth of Pennsylvania for not less than five years.
19 (b) The term of office of each member shall be six years,
20 except that the members first appointed shall serve for terms of
21 six years, four years and two years, respectively. Any member
22 appointed to fill a vacancy occurring otherwise than by
23 expiration of a term shall be appointed for the remainder of the
24 unexpired term only.
25 (c) Each member of the board shall be eligible for
26 reappointment and any member of the board may be removed by the
27 Governor for inefficiency, neglect of duty, or malfeasance in
28 office.
29 (d) The Governor shall designate one member of the board as
30 chairman thereof, to serve as such at the pleasure of the
19750H0010B0010 - 4 -
1 Governor.
2 (e) The members of the board shall devote their full time
3 and capacity to their duties, and shall not engage in any other
4 occupation, profession, or employment, and shall receive an
5 annual salary to be fixed by the Executive Board of the
6 Commonwealth within the amount made available by appropriation.
7 Section 477.2. Powers and Duties of Board.--The board shall
8 have the following powers and duties:
9 (a) To establish and maintain a principal office and such
10 other offices within the Commonwealth as it may deem necessary.
11 (b) To appoint a secretary, counsel, clerks and such other
12 employes and agents as it may deem necessary, fix their
13 compensation within the limits provided by law, and prescribe
14 their duties.
15 (c) To adopt, promulgate, amend and rescind suitable rules
16 and regulations to carry out the provisions and purposes of this
17 act, including rules for the approval of attorney's fees for
18 representation before the board or before the Commonwealth Court
19 upon judicial review as provided for in section 477.8.
20 (d) To request from the Pennsylvania State Police, from any
21 county, municipal or township police departments and agencies
22 and from any other state, municipal or township department or
23 agency, or public authority, and the same are hereby authorized
24 to provide such assistance and data as will enable the board to
25 carry out its function and duties.
26 (e) To hear and determine all claims for awards filed with
27 the board pursuant to this act, and to reinvestigate or reopen
28 cases as the board deems necessary.
29 (f) To direct medical examinations of victims.
30 (g) To hold hearings, administer oaths or affirmations,
19750H0010B0010 - 5 -
1 examine any person under oath or affirmation and to issue
2 subpoenas requiring the attendance and giving of testimony of
3 witnesses and require the production of any books, papers,
4 documentary or other evidence. The powers provided in this
5 section may be delegated by the board to any member thereof.
6 (h) To take or cause to be taken affidavits or depositions
7 within or without the State.
8 (i) To render each year to the Governor and to the General
9 Assembly a written report of its activities.
10 Section 477.3. Persons Eligible for Compensation.--(a)
11 Except as provided in subsection (b) of this section, the
12 following persons shall be eligible for compensation:
13 (1) A victim.
14 (2) An intervenor.
15 (3) A surviving spouse, parent or child of a deceased victim
16 or intervenor.
17 (4) Any other person dependent for his principal support
18 upon a deceased victim or intervenor.
19 (b) A person who is criminally responsible for the crime
20 upon which a claim is based or an accomplice of such person
21 shall not be eligible to receive compensation with respect to
22 such claim. A member of the family of the person who allegedly
23 committed the crime shall not be eligible under any
24 circumstances.
25 (c) A person who is not a resident of Pennsylvania at the
26 time of occurrence of the crime upon which the claim is based,
27 shall be eligible for compensation only if the law of the state
28 of which he is a resident at the time of occurrence of the crime
29 upon which the claim is based provides for compensation to
30 Pennsylvania residents who are victims of crime in such state.
19750H0010B0010 - 6 -
1 Section 477.4. Filing of Claims for Compensation.--(a) A
2 claim for compensation may be filed by a person eligible for
3 compensation, as provided in section 477.3, or, if such person
4 is a minor, by his parent or guardian, or if the person entitled
5 to make a claim is mentally incompetent, by his guardian or such
6 other individual authorized to administer his estate.
7 (b) A claim must be filed not later than one year after the
8 occurrence of the crime upon which the claim is based, or not
9 later than one year after the death of the victim or intervenor:
10 Provided, however, That for good cause the board may extend the
11 time for filing for a period not exceeding two years after such
12 occurrence.
13 (c) Claims shall be filed in the office of the secretary of
14 the board or by mail.
15 (d) Upon filing of a claim pursuant to this act, the board
16 shall promptly notify the district attorney of the county
17 wherein the crime is alleged to have occurred. If, within ten
18 days after such notification, such district attorney advises the
19 board that a criminal prosecution is pending upon the same
20 alleged crime and requests that action by the board be deferred,
21 the board shall defer all proceedings under this act until such
22 time as such criminal prosecution has been concluded and shall
23 so notify such district attorney and claimant. When such
24 criminal prosecution has been concluded, such district attorney
25 shall promptly so notify the board. Nothing in this section
26 shall limit the authority of the board to grant emergency awards
27 pursuant to section 477.9.
28 Section 477.5. Minimum Allowable Claim.--No award shall be
29 made on a claim unless the victim, intervenor or other person
30 set forth in section 477.3 has incurred a minimum out-of-pocket
19750H0010B0010 - 7 -
1 loss of one hundred dollars ($100) or has lost at least two
2 continuous weeks' earnings or support.
3 Section 477.6. Determination on Claims by Single Board
4 Member.--(a) A claim, when accepted for filing, shall be
5 assigned by the chairman to himself or to another member of the
6 board. All claims arising from the same incident shall be
7 considered together.
8 (b) The board member to whom such claim is assigned shall
9 examine the papers filed in support of such claim. The board
10 member shall thereupon cause an investigation to be concluded
11 into the validity of such claim. Such investigation shall
12 include, but not be limited to, an examination of police, court
13 and official records and reports concerning the crime and an
14 examination of medical and hospital reports relating to the
15 injury upon which such claim is based.
16 (c) Claims shall be investigated and determined, regardless
17 of whether the alleged criminal has been apprehended, prosecuted
18 for, convicted of any crime based upon the incident in question,
19 or has been found not guilty of the crime in question owing to
20 criminal non-responsibility or other legal exemption.
21 (d) The board member to whom a claim is assigned may decide
22 such claim in favor of a claimant in the amount claimed on the
23 basis of the papers filed in support thereof and the report of
24 the investigation of such claim. If the board member is unable
25 to decide such claim upon the basis of such papers and such
26 report, he shall order a hearing. At such hearing any relevant
27 evidence, not legally privileged, shall be admissible.
28 (e) After examining the papers filed in support of such
29 claim and the report of the investigation, and after a hearing,
30 if any, the board member to whom such claim was assigned shall
19750H0010B0010 - 8 -
1 make a decision either granting an award pursuant to section
2 477.10 or deny the claim.
3 (f) The board member making a decision shall file with the
4 secretary a written report setting forth such decision and his
5 reasons therefor. The secretary shall thereupon notify the
6 claimant and furnish him a copy of such report.
7 Section 477.7. Consideration of Decision by Full Board.--(a)
8 The claimant may, within thirty days after receipt of the report
9 of the decision of the board member to whom his claim was
10 assigned, make application in writing to the board for
11 consideration of such decision by the full board.
12 (b) Any member of the board may, within thirty days after
13 filing of such report, make an application in writing to the
14 board for consideration of such decision by the full board.
15 (c) Upon receipt of an application pursuant to subsection
16 (a) or (b) of this section, the board shall review the record
17 and affirm or modify the decision of the board member to whom
18 the claim was assigned. The action of the board in affirming or
19 modifying such decision shall be final. The board shall file
20 with the secretary of the board a written report setting forth
21 its decision, and if such decision varies in any respect from
22 the report of the board member to whom the claim was assigned
23 setting forth its reasons for such decision. If the board
24 receives no application pursuant to subsection (a) or (b) of
25 this section the decision of the board member to whom the claim
26 was assigned shall become the final decision of the board.
27 (d) The secretary of the board shall promptly notify the
28 claimant, the Attorney General and the State Treasurer of the
29 final decision of the board and furnish each with a copy of the
30 report setting forth such decision.
19750H0010B0010 - 9 -
1 Section 477.8. Judicial Review.--(a) Within thirty days
2 after receipt of a copy of such report denying compensation in
3 whole or in part the claimant may appeal the final decision of
4 the board in the manner provided for appeals from administrative
5 agencies as provided in the act of June 4, 1945 (P.L.1388,
6 No.442), known as the "Administrative Agency Law."
7 (b) Any such proceeding shall be commenced by the service of
8 notice thereof upon the board in person or by mail.
9 Section 477.9. Emergency Awards.--Notwithstanding the
10 provisions of sections 477.6 and 477.10 of this act, if it
11 appears to the board member to whom a claim is assigned, prior
12 to taking action upon such claim, that such claim is one with
13 respect to which an award probably will be made, and undue
14 hardship will result to the claimant if immediate payment is not
15 made, such board member may make an emergency award to the
16 claimant pending a final decision in the case: Provided,
17 however, That the amount of such emergency award shall not
18 exceed five hundred dollars ($500), the amount of such emergency
19 award shall be deducted from any final award made to the
20 claimant, and the excess of the amount of such emergency award
21 over the amount of the final award, or the full amount of the
22 emergency award if no final award is made, shall be repaid by
23 the claimant to the board.
24 Section 477.10. Awards.--(a) No award shall be made unless
25 the board or board member, as the case may be, finds that:
26 (1) A crime was committed.
27 (2) The person injured or killed was a victim or intervenor
28 as defined in section 477.
29 (3) Police records show that such crime was promptly
30 reported to the proper authorities; and in no case may an award
19750H0010B0010 - 10 -
1 be made where the record shows that such report was made more
2 than forty-eight hours after the occurrence of such crime unless
3 the board, for good cause shown finds the delay to have been
4 justified. The board, upon finding that any claimant or award
5 recipient has not fully cooperated with all law enforcement
6 agencies, may deny or withdraw any award, as the case may be.
7 (b) Any award made pursuant to this article shall be in an
8 amount not exceeding out of pocket loss, together with loss of
9 earnings or support resulting from such injury.
10 (c) Any award made for loss of earnings or support shall,
11 unless reduced pursuant to other provisions of this act, be in
12 an amount equal to the actual loss sustained: Provided, however,
13 That no such award shall exceed one hundred dollars ($100) for
14 each week of lost earnings or support: And, provided further,
15 That the aggregate award for such loss shall not exceed ten
16 thousand dollars ($10,000) except that in the case of death of a
17 victim or intervenor, the aggregate award shall not exceed
18 fifteen thousand dollars ($15,000).
19 (d) If there are two or more persons entitled to an award as
20 a result of the death of a person which is the direct result of
21 a crime, the award shall be apportioned among the claimants.
22 (e) Any award made pursuant to this act shall be reduced by
23 the amount of any payments received or to be received by the
24 claimant as a result of the injury (i) from or on behalf of the
25 person who committed the crime, (ii) under any insurance
26 programs including those mandated by law, (iii) from public
27 funds, or (iv) as an emergency award pursuant to section 477.9.
28 (f) In determining the amount of an award, the board or
29 board member, as the case may be, shall determine whether,
30 because of his conduct, the victim or intervenor contributed to
19750H0010B0010 - 11 -
1 the infliction of his injury, and the board or board member
2 shall reduce the amount of the award or reject the claim
3 altogether in accordance with such determination: Provided,
4 however, That the board or board member, as the case may be, may
5 disregard for this purpose the responsibility of the intervenor
6 for his own injury where the record shows that such
7 responsibility was attributed to efforts by an intervenor as set
8 forth in section 477.
9 Section 477.11. Manner of Payment.--The award shall be paid
10 in a lump sum, except that in the case of protracted disability
11 the award may provide for periodic payments to compensate for
12 loss of earnings or support. No award made pursuant to this act
13 shall be subject to execution or attachment other than for
14 expenses resulting from the injury which is the basis for the
15 claim.
16 Section 477.12. Confidentiality of Records.--The record of a
17 proceeding before the board or board member shall be a public
18 record: Provided, however, That any record or report obtained by
19 the board, the confidentiality of which is protected by any
20 other law or regulation, shall remain confidential subject to
21 such law or regulation.
22 Section 477.13. Subrogation.--Payment of an award made
23 pursuant to this act shall subrogate the Commonwealth, to the
24 extent of such award, to any right of action accruing to the
25 claimant or the victim or intervenor to recover payments on
26 account of losses resulting from the crime with respect to which
27 the award is made. In such case, the Commonwealth shall be
28 entitled to bring an action against the person or persons
29 causing the personal injuries or death for which said payment
30 was made.
19750H0010B0010 - 12 -
1 If an amount greater than that paid pursuant to these
2 provisions is recovered and collected in such action, the
3 Commonwealth shall pay the balance to the claimant. The Attorney
4 General shall enforce any subrogation.
5 Section 477.14. Appropriation.--The sum of two hundred
6 thousand dollars ($200,000), or as much thereof as may be
7 necessary, is hereby appropriated to the Crime Victim's
8 Compensation Board for the purpose of this act.
9 Section 3. Effective Date.--This act shall take effect
10 January 1, 1976.
A3L20JLW/19750H0010B0010 - 13 -