PRINTER'S NO. 1005
No. 934 Session of 1981
INTRODUCED BY WHITE, DAWIDA, COCHRAN, PISTELLA, LEHR, PENDLETON,
MAIALE, WACHOB, EARLEY, COHEN, McINTYRE, VAN HORNE, GEIST,
MICHLOVIC, PETRARCA, SIEMINSKI, EVANS, BELFANTI, KUKOVICH,
HOEFFEL, MICOZZIE AND WAMBACH, MARCH 17, 1981
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 17, 1981
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," providing for the
21 establishment and operation of an administrative office under
22 the Attorney General to be known as the Pennsylvania Office
23 on Crime Victims; imposing powers and duties; authorizing
24 certain advisory boards and establishing a funding method for
25 the expenses of such office.
26 The General Assembly of the Commonwealth of Pennsylvania
27 hereby enacts as follows:
28 Section 1. The act of April 9, 1929 (P.L.177, No.175), known
1 as "The Administrative Code of 1929," is amended by adding
2 sections to read:
3 Section 479. Definitions Applicable to the Office on Crime
4 Victims.--Insofar as the provisions of this act relate to the
5 Office on Crime Victims, the following words and phrases when
6 used in such provisions shall have the meanings given to them in
7 this section:
8 "Crime." Any act committed in Pennsylvania which, if
9 committed by a mentally competent responsible adult who had no
10 legal exemption or defense, would constitute a crime as defined
11 in and prescribed by Title 18 of the Pennsylvania Consolidated
12 Statutes (relating to crimes and offenses) or any other penal
13 laws of the Commonwealth. Except for an injury that is the
14 result of an intentional act, no other act involving the
15 operation of a motor vehicle which results in injury shall
16 constitute a crime for purposes of these provisions.
17 "Domestic violence." The occurrence of one or more of the
18 following acts between family or household members who reside
19 together:
20 (i) Attempting to cause or intentionally, knowingly or
21 recklessly causing bodily injury or serious bodily injury with
22 or without a deadly weapon.
23 (ii) Placing by physical menace another in fear of imminent
24 serious bodily injury.
25 (iii) Sexually abusing minor children as defined pursuant to
26 the act of November 26, 1975 (P.L.438, No.124), known as the
27 "Child Protective Services Law."
28 "Domestic violence program." A shelter or hotline
29 organization which has as a primary program the provision of
30 direct services including but not limited to advocacy,
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1 counseling, information, referrals or shelter facilities for
2 victims of domestic violence.
3 "Office." The Office on Crime Victims which shall be an
4 administrative office established pursuant to section 479.1
5 which shall be under the Attorney General and shall be
6 responsible for coordinating programs and obtaining reliable and
7 permanent sources of funds for domestic violence, rape crisis
8 and victim-witness programs.
9 "Rape crisis program." An organization which has as its
10 primary program the provision of direct services to victims of
11 sexual assault including, but not limited to, crisis
12 intervention, information and referral and accompaniment through
13 the medical, police and judicial system. The organization may
14 also conduct educational programs on rape and sexual assaults on
15 a community basis.
16 "Victim-witness program." A public or nonprofit private
17 organization which deals with victims and witnesses of crimes
18 and does not have as its primary purpose the prosecution or
19 defense of persons charged with criminal acts. Such programs
20 shall be designed to insure that their needs are served by
21 offering assistance with problems which arise as a result of
22 being a victim or witness to a crime. The direct services
23 provided relate to but are not limited to social service
24 referrals, reception centers, witness notification and
25 appearance alert, information regarding restitution and
26 compensation, witness intimidation, escort service,
27 transportation and parking services, and employer intervention.
28 Section 479.1. Office on Crime Victims.--(a) There is
29 hereby created an administrative office under the jurisdiction
30 of the Attorney General which shall be known as the Office on
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1 Crime Victims. The office shall be governed by a board of seven
2 members who shall be appointed on a nonpartisan basis.
3 (b) The members of the governing board of the office shall
4 be selected as follows:
5 (1) one member, who shall be an administrator or provider of
6 a rape crisis program, shall be appointed by the Attorney
7 General;
8 (2) one member, who shall be an administrator or provider of
9 a domestic violence program, shall be appointed by the Attorney
10 General;
11 (3) one member, who shall be an administrator or provider of
12 a victim-witness program, shall be appointed by the Attorney
13 General;
14 (4) one member, who shall not be an administrator or
15 provider of a rape crisis, domestic violence, or victim-witness
16 program, shall be appointed by the Governor;
17 (5) one member shall be the Secretary of the Department of
18 Public Welfare;
19 (6) one member, who shall be a member of the House of
20 Representatives, shall be appointed by the Speaker; and
21 (7) one member, who shall be a member of the Senate, shall
22 be appointed by the President pro tempore of the Senate.
23 (c) Except for the member from the House of Representatives
24 who shall serve a two-year term, all other members of the
25 governing board shall serve for a three-year term of office and
26 may be reappointed for no more than one consecutive term of
27 office. Of the members initially appointed by the Attorney
28 General, one shall serve for a term of one year, one shall serve
29 for a term of two years and one shall serve for a term of three
30 years.
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1 (d) Whenever any member ceases to be an officer or employe
2 of the organization, office, or public body the member is
3 appointed to represent, the membership on the governing board
4 shall terminate immediately and the appointing power shall fill
5 the vacancy for the unexpired portion of the term. All other
6 vacancies shall be filled by the appointing power for the
7 balance of the unexpired term.
8 (e) The chairperson shall be chosen from among the members
9 of the governing board by a majority vote of such board and
10 shall serve for one year. The chairperson shall designate a
11 vice-chairperson to preside at all meetings in the absence of
12 the chairperson.
13 (f) Reasonable expenses incurred by the members for
14 attendance at official meetings, not to exceed fifty dollars
15 ($50) per day, and mileage at the rate provided by law shall be
16 allowed and paid upon presentation of an itemized voucher.
17 (g) Four members of the governing board shall constitute a
18 quorum and a vote of the majority of the members present shall
19 be sufficient for all actions.
20 Section 479.2. Powers and Duties of the Office on Crime
21 Victims.--The office shall have the power, and its duty shall
22 be:
23 (1) To appoint, by a majority vote of the members of the
24 governing board, an executive director to direct the day to day
25 operations of the office and to hire, with the approval of the
26 governing board sufficient staff to conduct the operations of
27 the office. The salaries of the executive director and staff
28 shall be fixed by the governing body. Administrative costs,
29 including salaries and all other operating expenses incurred by
30 the Office on Crime Victims, shall not exceed an amount equal to
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1 fifteen per centum (15%) of the total annual revenues available
2 for distribution to the various programs by the Office on Crime
3 Victims.
4 (2) To establish advisory committees to assist the governing
5 board in the direction and operations of the office.
6 (3) To apply for, contract for, receive, allocate, disburse,
7 and account for funds, grants-in-aid, grants of services and
8 property, real and personal, as may be made available by the
9 Federal Government and other sources.
10 (4) To receive applications for financial assistance from
11 rape, domestic violence and victim-witness programs sponsored or
12 operated by units of local government or private nonprofit
13 organizations and to allocate available funds from the
14 restricted revenue account to such applicants. Allocations under
15 this section shall not exceed seventy-five per centum (75%) of
16 the total amount determined by the governing board to be
17 necessary for the operation of the particular program.
18 (5) To establish such fund accounting, auditing, monitoring,
19 and evaluation procedures as may be necessary to assure fiscal
20 control, program effectiveness and disbursement of grant funds,
21 and to establish such procedures as may be necessary to assure
22 compliance with State and Federal law.
23 (6) To cooperate with and render technical assistance to the
24 General Assembly and standing committees of the General
25 Assembly, State agencies, units of general local government and
26 public and private agencies relating to victimization and its
27 impact on the criminal justice system.
28 (7) To submit an annual report to the Governor, the Attorney
29 General and the General Assembly describing in detail its work
30 during the preceding fiscal year and to submit periodic reports
19810H0934B1005 - 6 -
1 as required by the Attorney General.
2 (8) To promulgate such rules and regulations as the
3 governing board deems necessary for the proper disbursement of
4 funds pursuant to the provisions of this act relating to the
5 Office on Crime Victims.
6 (9) To work in conjunction with law enforcement agencies and
7 medical facilities in order to gather and analyze statistical
8 information, and to require programs applying for assistance to
9 prepare and submit appropriate statistical reports.
10 Section 479.3. Advisory Committees.--The governing board
11 shall establish an advisory committee for each of the program
12 areas: rape crisis, domestic violence and victim-witness. The
13 membership of the committee shall represent, to the maximum
14 extent feasible, diverse geographical locations and the
15 population being served. Each committee shall have the duty to,
16 among other things:
17 (1) Recommend, review and evaluate rules and regulations
18 proposed by the office to implement the act.
19 (2) Recommend, review and evaluate standards for the
20 providing of direct services to victims.
21 (3) Recommend the funding formula for allocation of funds to
22 programs providing direct services or to the coordinating body
23 of such programs.
24 Section 479.4. Funds.--(a) Where any person after the
25 effective date of this act pleads guilty or nolo contendere to
26 or is convicted of any crime as herein defined, there shall be
27 imposed in addition to all other costs, an additional cost in
28 the sum of ten dollars ($10) for the purpose of funding the
29 operation of this office. Under no condition shall a political
30 subdivision be held liable for the payment of this sum of ten
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1 dollars ($10).
2 (b) Any funds specifically set aside to fund the Office on
3 Crime Victims as prescribed by the General Assembly in the act
4 of August 22, 1953 (P.L.1344, No.383), known as "The Marriage
5 Law," or any other act on the same matter.
6 (c) All sums collected pursuant to subsection (a) and (b)
7 shall be paid through the Department of Revenue to the State
8 Treasurer and shall be deposited in a restricted revenue account
9 created for this purpose and for the fiscal period July 1, 1981
10 to June 30, 1982 are hereby specifically appropriated for
11 purposes of funding the operation and grants of the Office on
12 Crime Victims.
13 (d) For the fiscal period July 1, 1980 to June 30, 1981 and
14 for each fiscal period thereafter, the General Assembly shall
15 annually appropriate for the operations and programs of the
16 Office on Crime Victims from the moneys available in the
17 restricted revenue account established pursuant to subsection
18 (c).
19 Section 2. This act shall take effect immediately but shall
20 expire on June 30 following the fifth anniversary of the
21 effective date, unless reenacted by the General Assembly of the
22 Commonwealth of Pennsylvania.
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