HOUSE AMENDED
PRIOR PRINTER'S NO. 153 PRINTER'S NO. 1524
No. 153 Session of 1975
INTRODUCED BY HILL, REIBMAN, LEWIS, NOLAN, McKINNEY, MESSINGER,
ORLANDO, FLEMING, HAGER AND STAUFFER, FEBRUARY 10, 1975
AS REPORTED FROM COMMITTEE ON LAW AND JUSTICE, HOUSE OF
REPRESENTATIVES, AS AMENDED, JANUARY 27, 1976
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 * * *
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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," OF THE "PENNSYLVANIA <--
17 CONSOLIDATED STATUTES," (RELATING TO CRIMES AND OFFENSES) or
18 other penal law of the Commonwealth: Provided, however, That no
19 act involving the operation of a motor vehicle which results in
20 injury shall constitute a crime for the purpose of this act
21 unless such injury was intentionally inflicted through the use
22 of a motor vehicle.
23 "Family," when used in reference to a person, shall mean (i)
24 anyone related to such person within the third degree of
25 consanguinity or affinity, (ii) anyone maintaining a common-law
26 relationship with such person, or (iii) anyone residing in the
27 same household with such person.
28 "Intervenor" shall mean a person who goes to the aid of
29 another and suffers bodily injury or death as a direct result of
30 acting not recklessly to prevent the commission of a crime, or
19750S0153B1524 - 3 -
1 to lawfully apprehend a person reasonably suspected of having
2 committed such crime, or to aid the victim of such crime.
3 "Out-of-pocket loss" means the unreimbursed and
4 unreimbursable expenses or indebtedness incurred for medical
5 care, NONMEDICAL REMEDIAL CARE AND TREATMENT RENDERED IN <--
6 ACCORDANCE WITH A RELIGIOUS METHOD OF HEALING AS APPROVED BY THE
7 BOARD, or other services reasonably necessary as a result of the
8 injury upon which the claim is based and for which the claimant
9 either has paid or is liable. IN NO CASE SHALL PROPERTY DAMAGES <--
10 OR COMPENSATION FOR PAIN AND SUFFERING BE INCLUDED.
11 "Victim" shall mean a person, other than the alleged
12 offender, who suffers bodily injury or death as a direct result
13 of a crime.
14 Section 477.1. Crime Victim's Compensation Board.--(a) There
15 is hereby created a departmental administrative board for the
16 administration of this act, which shall be known as the Crime
17 Victim's Compensation Board. Such board shall consist of three
18 members no more than two of whom shall belong to the same
19 political party, who shall be appointed by the Governor by and
20 with the consent of A MAJORITY OF the Senate. At least two <--
21 members of the board shall have been admitted to practice law in
22 the Commonwealth of Pennsylvania for not less than five years.
23 (b) The term of office of each member shall be six years,
24 except that the members first appointed shall serve for terms of
25 six years, four years and two years, respectively. Any member
26 appointed to fill a vacancy occurring otherwise than by
27 expiration of a term shall be appointed for the remainder of the
28 unexpired term only. <--
29 (c) Each member of the board shall be eligible for
30 reappointment and any member of the board may be removed by the
19750S0153B1524 - 4 -
1 Governor for inefficiency, neglect of duty, or malfeasance in
2 office.
3 (d) The Governor shall designate one member of the board as
4 chairman thereof, to serve as such at the pleasure of the
5 Governor.
6 (e) The members of the board shall devote their full time
7 and capacity to their duties. and shall receive an annual salary <--
8 to be fixed by the Executive Board of the Commonwealth within
9 the amount made available by appropriation. THE MEMBERS OF THE <--
10 BOARD SHALL RECEIVE AN ANNUAL STARTING SALARY OF TWENTY-FIVE
11 THOUSAND DOLLARS ($25,000). THEREAFTER THEY SHALL RECEIVE AN
12 ANNUAL SALARY TO BE FIXED BY THE EXECUTIVE BOARD OF THE
13 COMMONWEALTH WITHIN THE AMOUNT MADE AVAILABLE BY APPROPRIATION.
14 THE CHAIRMAN SHALL RECEIVE FIVE HUNDRED DOLLARS ($500)
15 ADDITIONAL COMPENSATION PER ANNUM.
16 Section 477.2. Powers and Duties of Board.--The board shall
17 have the following powers and duties:
18 (a) To establish and maintain a principal office IN OR NEAR <--
19 HARRISBURG and such other offices within the Commonwealth as it
20 may deem necessary.
21 (b) To appoint a secretary, counsel, clerks and such other
22 employes and agents as it may deem necessary, fix their
23 compensation within the limits provided by law, and prescribe
24 their duties.
25 (c) To adopt, promulgate, amend and rescind suitable rules
26 and regulations to carry out the provisions and purposes of this
27 act, including rules for the approval of attorney's fees for
28 representation before the board or before the Commonwealth Court
29 upon judicial review as provided for in section 477.8 477.7 of <--
30 this act. AWARDS OF THE ATTORNEY'S FEES SHALL BE IN ADDITION TO <--
19750S0153B1524 - 5 -
1 AWARDS MADE TO VICTIMS. AWARDS OF ATTORNEY'S FEES SHALL IN NO
2 CASE EXCEED FIFTEEN PER CENTUM OF THE AWARD TO THE VICTIM OR
3 VICTIMS. IT SHALL BE UNLAWFUL FOR AN ATTORNEY TO CONTRACT FOR OR
4 RECEIVE ANY SUM LARGER THAN THE AMOUNT ALLOWED.
5 (d) To request from the Pennsylvania State Police, from any
6 county, municipal or township police departments and agencies
7 and from any other State, municipal or township department or
8 agency, or public authority, and the same are hereby authorized
9 to provide such assistance and data as will enable the board to
10 carry out its function and duties.
11 (e) To hear and determine all claims for awards filed with
12 the board pursuant to this act, and to reinvestigate or reopen
13 cases as the board deems necessary.
14 (f) To direct medical examinations of victims.
15 (g) To hold hearings, administer oaths or affirmations,
16 examine any person under oath or affirmation and to issue
17 subpoenas requiring the attendance and giving of testimony of
18 witnesses and require the production of any books, papers,
19 documentary or other evidence. The powers provided in this
20 section may be delegated by the board to any member thereof.
21 (h) To take or cause to be taken affidavits or depositions
22 within or without the State.
23 (i) To render each year to the Governor and to the General
24 Assembly a written report of its activities. IN ITS THIRD ANNUAL <--
25 REPORT AND IN EVERY THIRD ANNUAL REPORT THEREAFTER, THE BOARD,
26 UPON INVESTIGATION AND STUDY, SHALL INCLUDE ITS FINDINGS AND
27 RECOMMENDATIONS WITH RESPECT TO THE LIMITS ON COMPENSATION. THE
28 INVESTIGATION AND STUDY SHALL INCLUDE BUT NOT BE LIMITED TO AN
29 AUDIT BY THE AUDITOR GENERAL OR AN INDEPENDENT ACCOUNTING FIRM
30 OF THE AMOUNTS PAID TO EACH PERSON COMPENSATED SO AS TO AVOID
19750S0153B1524 - 6 -
1 DUPLICATIONS, OTHER POSSIBLE ERRORS, OR FRAUD.
2 (J) TO ARRANGE WITH THE HEADS OF OTHER STATE AGENCIES FOR
3 THE PERFORMANCE OF ANY OF ITS FUNCTIONS UNDER THIS ACT WITH OR
4 WITHOUT REIMBURSEMENT AND, WITH THE APPROVAL OF THE GOVERNOR,
5 DELEGATE AND AUTHORIZE THE REDELEGATION OF ANY OF ITS POWERS
6 UNDER THIS ACT.
7 (K) TO ESTABLISH A PROGRAM TO ASSURE EXTENSIVE AND
8 CONTINUING PUBLICITY FOR THE PROVISIONS RELATING TO COMPENSATION
9 UNDER THIS ACT, INCLUDING INFORMATION ON THE RIGHT TO FILE A
10 CLAIM, THE SCOPE OF COVERAGE, AND PROCEDURES TO BE UTILIZED
11 INCIDENT THERETO.
12 Section 477.3. Persons Eligible for Compensation.--(a)
13 Except as provided in clause (b) of this subsection, the
14 following persons shall be eligible for compensation:
15 (1) A victim.
16 (2) An intervenor.
17 (3) A surviving spouse, parent or child of a deceased victim
18 or intervenor.
19 (4) Any other person dependent for his principal support
20 upon a deceased victim or intervenor.
21 (b) A person who is criminally responsible for the crime
22 upon which a claim is based or an accomplice of such person
23 shall not be eligible to receive compensation with respect to
24 such claim. A member of the family of the person who allegedly
25 committed the crime shall not be eligible under any
26 circumstances.
27 (c) A person who is not a resident of Pennsylvania at the
28 time of occurrence of the crime upon which the claim is based,
29 shall be eligible for compensation only if the law of the state
30 of which he is a resident at the time of occurrence of the crime
19750S0153B1524 - 7 -
1 upon which the claim is based provides for compensation to
2 Pennsylvania residents who are victims of crime in such state.
3 (D) IF THE VICTIM'S STATE OF RESIDENCE PROVIDES PAYMENTS TO <--
4 ITS RESIDENTS INJURED IN PENNSYLVANIA, PRIMARY RESPONSIBILITY
5 FOR PAYMENT TO THE VICTIM SHALL REST WITH THE VICTIM'S STATE OF
6 RESIDENCE.
7 Section 477.4. Filing of Claims for Compensation.--(a) A
8 claim for compensation may be filed by a person eligible for
9 compensation, as provided in section 477.3 of this act, or, if
10 such person is a minor, by his parent or guardian, or if the
11 person entitled to make a claim is mentally incompetent, by his
12 guardian or such other individual authorized to administer his
13 estate.
14 (b) A claim must be filed not later than one year after the
15 occurrence of the crime upon which the claim is based, or not
16 later than one year after the death of the victim or intervenor:
17 Provided, however, That for good cause the board may extend the
18 time for filing for a period not exceeding two years after such
19 occurrence.
20 (c) Claims shall be filed in the office of the secretary of
21 the board or by mail.
22 (d) Upon filing of a claim pursuant to this act, the board
23 shall promptly notify the district attorney of the county
24 wherein the crime is alleged to have occurred. If, within ten
25 days after such notification, such district attorney advises the
26 board that a criminal prosecution is pending upon the same
27 alleged crime and requests that action by the board be deferred,
28 the board shall defer all proceedings under this act until such
29 time as such criminal prosecution has been concluded, A TRIAL <--
30 VERDICT HAS BEEN RENDERED, and shall so notify such district
19750S0153B1524 - 8 -
1 attorney and claimant. When such criminal prosecution has been <--
2 concluded A TRIAL VERDICT HAS BEEN RENDERED, such district <--
3 attorney shall promptly so notify the board. Nothing in this
4 section shall limit the authority of the board to grant
5 emergency awards pursuant to section 477.9 477.8 of this act. <--
6 Section 477.5. Minimum Allowable Claim.--No award shall be
7 made on a claim unless the victim, intervenor or other person <--
8 set forth in section 477.3 CLAIMANT has incurred a minimum out- <--
9 of-pocket loss of one hundred dollars ($100) or has lost at
10 least two continuous weeks' earnings or support.
11 Section 477.6. Determination on Claims by Single Board <--
12 Member.--(a) A claim, when accepted for filing, shall be
13 assigned by the chairman to himself or to another member of the
14 board. All claims arising from the same incident shall be
15 considered together.
16 (b) The board member to whom such claim is assigned shall
17 examine the papers filed in support of such claim. The board
18 member shall if necessary cause an investigation to be conducted
19 into the validity of such claim. Such investigation shall
20 include, but not be limited to, an examination of police, court
21 and official records and reports concerning the crime and an
22 examination of medical and hospital reports relating to the
23 injury upon which such claim is based.
24 (c) Claims shall be determined, regardless of whether the
25 alleged criminal has been apprehended, prosecuted or convicted
26 for the crime in question, or found not guilty of the crime in
27 question owing to criminal non-responsibility or other legal
28 exemption or defense.
29 (d) The board member to whom a claim is assigned may decide
30 such claim on the basis of the papers filed in support thereof
19750S0153B1524 - 9 -
1 and, if necessary, the report of the investigation of such
2 claim. If the board member is unable to decide such claim upon
3 the basis of such papers and such report, if any, he shall order
4 a hearing. At such hearing any relevant evidence, not legally
5 privileged, shall be admissible.
6 (e) After examining the papers filed in support of such
7 claim and the report of the investigation, if any, and after a
8 hearing, if any, the board member to whom such claim was
9 assigned shall make a decision either granting an award pursuant
10 to section 477.10 of this act or denying the claim.
11 (f) The board member making a decision shall file with the
12 secretary a written report setting forth such decision and his
13 reasons therefor. The secretary shall thereupon notify the
14 claimant and furnish him a copy of such report.
15 Section 477.7. Consideration of Decision by Full Board.--(a)
16 The claimant may, within thirty days after receipt of the report
17 of the decision of the board member to whom his claim was
18 assigned, make application in writing to the board for
19 consideration of such decision by the full board.
20 (b) Any member of the board may, within thirty days after
21 filing of such report, make an application in writing to the
22 board for consideration of such decision by the full board.
23 (c) Upon receipt of an application pursuant to subsection
24 (a) or (b) of this section, the board shall review the record
25 and affirm, reverse or modify the decision of the board member
26 to whom the claim was assigned. The action of the board in
27 affirming, reversing or modifying such decision shall be final.
28 The board shall file with the secretary of the board a written
29 report setting forth its decision, and if such decision varies
30 in any respect from the report of the board member to whom the
19750S0153B1524 - 10 -
1 claim was assigned, its reasons for such decision. If the board
2 receives no application pursuant to subsection (a) or (b) of
3 this section the decision of the board member to whom the claim
4 was assigned shall become the final decision of the board.
5 (d) The secretary of the board shall promptly notify the
6 claimant, the Attorney General and the State Treasurer of the
7 final decision of the board and furnish each with a copy of the
8 report setting forth such decision.
9 SECTION 477.6. DETERMINATION OF CLAIMS.--(A) A CLAIM, WHEN <--
10 ACCEPTED FOR FILING, SHALL BE ASSIGNED BY THE CHAIRMAN TO
11 HIMSELF OR TO ANOTHER MEMBER OF THE BOARD. ALL CLAIMS ARISING
12 FROM THE DEATH OF AN INDIVIDUAL AS A DIRECT RESULT OF A SINGLE
13 CRIME, SHALL BE CONSIDERED TOGETHER BY A SINGLE BOARD MEMBER.
14 (B) THE BOARD MEMBER TO WHOM SUCH CLAIM IS ASSIGNED SHALL
15 EXAMINE THE PAPERS FILED IN SUPPORT OF THE CLAIM AND SHALL
16 THEREUPON CAUSE AN INVESTIGATION TO BE CONDUCTED INTO THE
17 VALIDITY OF THE CLAIM. THE INVESTIGATION SHALL INCLUDE, BUT NOT
18 BE LIMITED TO, AN EXAMINATION OF POLICE, COURT AND OFFICIAL
19 RECORDS AND REPORTS CONCERNING THE CRIME AND AN EXAMINATION OF
20 MEDICAL AND HOSPITAL REPORTS RELATING TO THE INJURY UPON WHICH
21 THE CLAIM IS BASED.
22 (C) CLAIMS SHALL BE INVESTIGATED AND DETERMINED, REGARDLESS
23 OF WHETHER THE ALLEGED CRIMINAL HAS BEEN APPREHENDED OR
24 PROSECUTED FOR OR CONVICTED OF ANY CRIME BASED UPON THE SAME
25 INCIDENT, OR HAS BEEN ACQUITTED, OR FOUND NOT GUILTY OF THE
26 CRIME IN QUESTION OWING TO CRIMINAL RESPONSIBILITY OR OTHER
27 LEGAL EXEMPTION OR DEFENSE.
28 (D) THE BOARD MEMBER TO WHOM A CLAIM IS ASSIGNED MAY MAKE
29 HIS RECOMMENDATION REGARDING THE CLAIM ON THE BASIS OF THE
30 PAPERS FILED IN SUPPORT THEREOF AND THE REPORT OF THE
19750S0153B1524 - 11 -
1 INVESTIGATION OF THE CLAIM. IF THE BOARD MEMBER IS UNABLE TO
2 DECIDE HIS RECOMMENDATION UPON THE BASIS OF THE SAID PAPERS AND
3 REPORT, HE SHALL ORDER A HEARING. AT THE HEARING ANY RELEVANT
4 EVIDENCE, NOT LEGALLY PRIVILEGED, SHALL BE ADMISSIBLE.
5 (E) AFTER EXAMINING THE PAPERS FILED IN SUPPORT OF THE CLAIM
6 AND THE REPORT OF INVESTIGATION, AND AFTER A HEARING, IF ANY,
7 THE BOARD MEMBER TO WHOM THE CLAIM WAS ASSIGNED SHALL MAKE A
8 RECOMMENDATION TO THE ENTIRE BOARD EITHER GRANTING AN AWARD OR
9 DENYING THE CLAIM.
10 (F) THE ENTIRE BOARD SHALL ACT UPON THE RECOMMENDATION OF
11 THE BOARD MEMBER. THE BOARD, BY MAJORITY VOTE, MAY AFFIRM,
12 INCREASE, DECREASE OR DENY THE AWARD. NO DECISION SHALL BE VALID
13 UNLESS AT LEAST TWO MEMBERS ARE IN AGREEMENT ON THE DECISION.
14 (G) THE SECRETARY OF THE BOARD SHALL PROMPTLY NOTIFY THE
15 CLAIMANT, THE ATTORNEY GENERAL AND THE STATE TREASURER OF THE
16 FINAL DECISION OF THE BOARD AND FURNISH EACH WITH A COPY OF THE
17 REPORT SETTING FORTH THE DECISION.
18 Section 477.8 477.7. Judicial Review.--Within thirty days <--
19 after receipt of a copy of such report denying compensation in <--
20 whole or in part CONTAINING A FINAL DECISION OF THE BOARD, the <--
21 claimant or the Attorney General may appeal the final decision
22 of the board in the manner provided for appeals from
23 administrative agencies as provided in the act of June 4, 1945
24 (P.L.1388, No.442), known as the "Administrative Agency Law."
25 Section 477.9 477.8. Emergency Awards.--(A) Notwithstanding <--
26 the provisions of sections 477.6 and 477.10 477.9 of this act, <--
27 if it appears to the board member to whom a claim is assigned,
28 that such claim is one with respect to which an award probably
29 will be made, and undue hardship will result to the claimant OR <--
30 CLAIMANTS if immediate payment is not made, such board member
19750S0153B1524 - 12 -
1 may make an emergency award to the claimant OR CLAIMANTS pending <--
2 a final decision in the case: Provided, however, That the TOTAL <--
3 amount of such emergency award shall not exceed five hundred <--
4 dollars ($500) ONE THOUSAND DOLLARS ($1,000) PER CLAIM, the <--
5 amount of such emergency award shall be deducted from any final
6 award made to the claimant OR CLAIMANTS, and the excess of the <--
7 amount of such emergency award over the amount of the final
8 award, or the full amount of the emergency award if no final
9 award is made, shall be repaid by the claimant OR CLAIMANTS to <--
10 the board.
11 (B) THE BOARD MEMBER TO WHOM A CLAIM WAS ORIGINALLY ASSIGNED <--
12 MAY RECONSIDER AN EMERGENCY AWARD AT ANY TIME PRIOR TO THE FINAL
13 DECISION IN THE CASE AND INCREASE PREVIOUS ORDERS FOR EMERGENCY
14 COMPENSATION UP TO THE OVERALL LIMIT OF ONE THOUSAND DOLLARS
15 ($1,000) PER CLAIM.
16 Section 477.10 477.9. Awards.--(a) No award shall be made <--
17 unless the board or board member, as the case may be, finds BY A <--
18 PREPONDERANCE OF THE EVIDENCE that:
19 (1) A crime was committed.
20 (2) The person injured or killed was a victim or intervenor
21 as defined in section 477.
22 (3) Such crime was promptly reported to the proper
23 authorities; and in no case may an award be made where the
24 record shows that such report was made more than forty-eight <--
25 SEVENTY-TWO hours after the occurrence of such crime unless the <--
26 board, for good cause shown, finds the delay to have been
27 justified. The board, upon finding that any claimant, victim or
28 intervenor has not fully cooperated with all law enforcement
29 agencies, may deny or withdraw any award, as the case may be.
30 (b) Any award made pursuant to sections 477 to 477.14 477.15 <--
19750S0153B1524 - 13 -
1 shall be in an amount not exceeding out-of-pocket loss, together
2 with loss of PAST, PRESENT OR FUTURE earnings or support <--
3 resulting from such injury. IN NO CASE SHALL THE TOTAL AMOUNT OF <--
4 AN AWARD EXCEED TWENTY-FIVE THOUSAND DOLLARS ($25,000).
5 (c) Any award made for loss of earnings or support shall,
6 unless reduced pursuant to other provisions of this act, be in
7 an amount equal to the actual loss sustained: Provided, however,
8 That no such award shall exceed one hundred dollars ($100) TWO <--
9 HUNDRED DOLLARS ($200) for each week of lost earnings or
10 support: And, provided further, That the aggregate award for
11 such loss shall not exceed ten thousand dollars ($10,000) except
12 that in the case of death of a victim or intervenor, the
13 aggregate award shall not exceed fifteen thousand dollars
14 ($15,000).
15 (d) If there are two or more persons entitled to an award as
16 a result of the death of a victim or intervenor, the award shall
17 be apportioned among the claimants.
18 (e) Any award made pursuant to this act shall be reduced by
19 the amount of any payments received or to be received by the
20 claimant as a result of the injury (i) from or on behalf of the
21 person who committed the crime, (ii) under any insurance
22 programs including those mandated by law, (iii) from public
23 funds, or (iv) as an emergency award pursuant to section 477.9
24 of this act.
25 (f) In determining the amount of an award, the board or
26 board member, as the case may be, shall determine whether,
27 because of his conduct, the victim or intervenor contributed to
28 the infliction of his injury, and the board or board member
29 shall reduce the amount of the award or deny the claim
30 altogether in accordance with such determination: Provided,
19750S0153B1524 - 14 -
1 however, That the board or board member, as the case may be, may
2 disregard for this purpose the contribution of the intervenor to
3 his own injury where the record shows that such contribution was
4 attributed to efforts by an intervenor as set forth in section
5 477.
6 Section 477.11 477.10. Manner of Payment.--The award shall <--
7 be paid in a lump sum, except that in the case of death or
8 protracted disability the award may provide for periodic
9 payments. No award made pursuant to this act shall be subject to
10 execution or attachment other than for expenses resulting from
11 the injury which is the basis for the claim. ALL AWARDS SHALL BE <--
12 PAID BY THE STATE TREASURER. AN AWARD SHALL NOT BE CONSIDERED AS
13 COMPENSATION TAXABLE AS INCOME UNDER ARTICLE III, PERSONAL
14 INCOME TAX, OF THE ACT OF MARCH 4, 1971 (P.L.6, NO.2), KNOWN AS
15 THE "TAX REFORM CODE OF 1971," ADDED AUGUST 31, 1971 (P.L.362,
16 NO.93). THE BOARD SHALL RECONSIDER, AT LEAST ANNUALLY, EVERY
17 AWARD BEING PAID IN INSTALLMENTS. THE BOARD MAY RECONSIDER A
18 CLIAM AT ANY TIME AND MODIFY OR RESCIND PREVIOUS ORDERS FOR
19 COMPENSATION BASED UPON A CHANGE IN FINANCIAL CIRCUMSTANCES OF A
20 VICTIM OR ONE OR MORE OF HIS SURVIVING DEPENDENTS.
21 Section 477.12 477.11. Confidentiality of Records.--The <--
22 record of a proceeding before the board or board member shall be
23 a public record: Provided, however, That any record or report
24 obtained by the board or board member, the confidentiality of
25 which is protected by any other law or regulation, shall remain
26 confidential subject to such law or regulation.
27 Section 477.13 477.12. Subrogation.--Payment of an award <--
28 made pursuant to this act shall subrogate the Commonwealth, to
29 the extent of such payment, to any right of action accruing to
30 the claimant or the victim the intervenor to recover losses
19750S0153B1524 - 15 -
1 resulting from the crime with respect to which the award is
2 made. In such case, the Commonwealth shall be entitled to bring
3 an action against the person or persons causing the personal
4 injuries or death for which said payment was made.
5 If an amount greater than that paid pursuant to these
6 provisions is recovered and collected in such action, the
7 Commonwealth shall pay the balance to the claimant. The Attorney
8 General shall enforce any subrogation.
9 Section 477.14. Appropriation.--The sum of two hundred <--
10 thousand dollars ($200,000), or as much thereof as may be
11 necessary, is hereby appropriated to the Crime Victim's
12 Compensation Board for the purpose of this act.
13 SECTION 477.13. RESTITUTION.--TO THE EXTENT THAT RESTITUTION <--
14 IS ORDERED PURSUANT TO ANY OTHER EXISTING LAW, EITHER PRIOR TO
15 OR SUBSEQUENT TO THE MAKING OF AN AWARD BY THIS BOARD, SUCH
16 RESTITUTION SHALL BE PAID TO THE COMMONWEALTH TO THE EXTENT OF
17 THE AWARD BY THE BOARD.
18 SECTION 477.14. PENALTY.--ANY PERSON WHO ASSERTS A FALSE
19 CLAIM UNDER THE PROVISIONS OF THIS ACT SHALL BE GUILTY OF A
20 MISDEMEANOR OF THE THIRD DEGREE, AND SHALL FORFEIT ANY BENEFIT
21 RECEIVED, AND SHALL REIMBURSE AND REPAY THE COMMONWEALTH FOR
22 PAYMENTS RECEIVED OR PAID ON HIS BEHALF PURSUANT TO ANY OF THE
23 PROVISIONS HEREOF.
24 SECTION 477.15. ADDITIONAL COSTS.--WHERE ANY PERSON AFTER
25 THE EFFECTIVE DATE OF THIS ACT PLEADS GUILTY OR NOLO CONTENDERE
26 TO OR IS CONVICTED OF ANY CRIME AS HEREIN DEFINED, THERE SHALL
27 BE IMPOSED AS ADDITIONAL COSTS, THE SUM OF TEN DOLLARS ($10).
28 SUCH SUM SHALL BE PAID OVER TO THE STATE TREASURER TO BE
29 DEPOSITED IN THE GENERAL FUND. UNDER NO CONDITION SHALL A
30 POLITICAL SUBDIVISION BE HELD LIABLE FOR THE PAYMENT OF THIS SUM
19750S0153B1524 - 16 -
1 OF TEN DOLLARS ($10).
2 SECTION 3. IT IS THE DECLARED PURPOSE OF THE GENERAL
3 ASSEMBLY IN THIS ACT TO PROMOTE THE PUBLIC WELFARE BY
4 ESTABLISHING A MEANS OF PROVIDING FOR THE FINANCIAL LOSSES OF
5 THE INNOCENT VICTIMS OF CRIME OR THEIR SURVIVING DEPENDENTS AND
6 INTERVENORS ACTING TO PREVENT THE COMMISSION OF CRIME OR TO
7 ASSIST IN THE APPREHENSION OF SUSPECTED CRIMINALS.
8 SECTION 4. THE SUM OF $200,000 OR AS MUCH THEREOF AS MAY BE
9 NECESSARY, IS HEREBY APPROPRIATED TO THE CRIME VICTIM'S
10 COMPENSATION BOARD FOR THE PURPOSES OF THIS ACT.
11 SECTION 5. THIS ACT SHALL TAKE EFFECT IN 120 DAYS, BUT IN NO
12 EVENT SOONER THAN JULY 1, 1976. NO CLAIMS SHALL BE ACCEPTED FOR
13 CRIMES WHICH HAVE OCCURRED PRIOR TO THE EFFECTIVE DATE OF THIS
14 ACT.
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