HOUSE AMENDED
PRIOR PRINTER'S NO. 401 PRINTER'S NO. 1107
No. 395 Session of 1979
INTRODUCED BY LOEPER, O'PAKE, GREENLEAF AND BELL, MARCH 6, 1979
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, SEPTEMBER 18, 1979
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 certain
21 notification responsibilities of local law enforcement
22 agencies, and providing for an exception to the minimum <--
23 allowable claim AND CHANGING AN EFFECTIVE DATE. <--
24 The General Assembly of the Commonwealth of Pennsylvania
25 hereby enacts as follows:
26 Section 1. Section 477, act of April 9, 1929 (P.L.177,
27 No.175), known as "The Administrative Code of 1929," amended
28 December 10, 1976 (P.L.1305, No.287), is amended by adding a
1 definition to read:
2 Section 477. Definitions.--So far as it relates to the crime
3 victim's compensation provisions, the following terms shall be
4 defined as:
5 * * *
6 "Local law enforcement agency" means a police department of a
7 city, borough, incorporated town or township.
8 * * *
9 Section 2. Section 477.5 of the act, amended July 9, 1976
10 (P.L.574, No.139), is amended to read:
11 Section 477.5. Minimum Allowable Claim.--(a) No award shall
12 be made on a claim unless the claimant has incurred a minimum
13 out-of-pocket loss of one hundred dollars ($100) or has lost at
14 least two continuous weeks' earnings or support.
15 (b) The requirements of subsection (a) shall not apply where
16 the victim was sixty (60) years of age or older at the time the
17 crime occurred.
18 SECTION 3. SECTION 477,16 OF THE ACT, ADDED DECEMBER 10, <--
19 1976 (P.L.1305, NO.287), IS AMENDED TO READ:
20 SECTION 477.16. EFFECTIVE DATE.--THE PROVISIONS OF SECTIONS
21 477 THROUGH 477.15, INCLUSIVE, OF THIS ACT SHALL BE DEEMED TO BE
22 IN EFFECT AS OF [OCTOBER 29, 1976] OCTOBER 25, 1976
23 NOTWITHSTANDING PRIOR PROVISIONS TO THE CONTRARY. CLAIMS SHALL
24 BE ACCEPTED FOR CRIMES COMMITTED ON OR SUBSEQUENT TO SUCH DATE.
25 Section 4. The act is amended by adding a section to read:
26 Section 477.17. Responsibilities of Local Law Enforcement
27 Agencies.--(a) All local law enforcement agencies shall insure
28 that all of its officers and employes are familiar with crime
29 victim's compensation as provided for in sections 477 through
30 477.17 of this act. Instruction concerning crime victim's
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1 compensation shall be made a part of the training curriculum for
2 all trainee officers.
3 (b) Local law enforcement agencies shall advise the victims
4 of crimes reported to it of the availability of crime victim's
5 compensation as provided by this act. The notice required under
6 this subsection shall be in writing and shall include the
7 following paragraph:
8 "If you have sustained physical injury as a direct result
9 of a crime of violence, or are legally dependent for support
10 upon a person who has sustained physical injury or death as a
11 direct result of a crime of violence, or, in the event of a
12 death caused by a crime of violence, you have legally assumed
13 or voluntarily paid the medical or burial expenses incurred
14 as a direct result thereof, you may qualify for
15 indemnification by the State of Pennsylvania for the out-of-
16 pocket wages, medical or burial expenses which you have
17 incurred as a result of the crime. Claims must be filed with
18 the Crime Victim's Compensation Board for the State of
19 Pennsylvania. For further information regarding this program,
20 please contact:
21 (Name, business address and telephone
22 number of the local law enforcement
23 agency)
24 or
25 Crime Victim's Compensation Board
26 Department of Justice
27 1910 Paxton Street <--
28 Harrisburg, Pennsylvania 17104 <--
29 Important: The statute provides that, absent certain
30 extenuating circumstances, a claimant has one year from the
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1 date of the crime to file his claim with the Crime Victim's
2 Compensation Board."
3 (c) The written notification provided for in subsection (b)
4 shall be accompanied by three copies of the application form for
5 crime victim's compensation. These forms shall be supplied by
6 the Crime Victim's Compensation Board to all local law
7 enforcement agencies. The record of the date and address of all
8 letters of notification shall be maintained by every local law
9 enforcement agency.
10 (d) Any officer of a local law enforcement agency whose
11 duties include the investigation of crimes may notify victims or
12 their families of the availability of compensation under this
13 act by giving them a card or sheet bearing the paragraph as
14 quoted in subsection (b) above. A record of such personal notice
15 shall be maintained by the local law enforcement agency.
16 (e) In municipalities which do not have a local law
17 enforcement agency, the board shall by rule establish procedures
18 whereby it, together with the State Police, shall give the
19 notice to victims of crimes as provided in this section.
20 Section 4 5. This act shall take effect immediately except <--
21 that the notice requirements of section 477.17 (b), (c) and (d)
22 shall take effect in three months.
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