PRINTER'S NO. 1995
No. 1514 Session of 1990
INTRODUCED BY LEWIS, MUSTO, BELAN, AFFLERBACH, REGOLI, O'PAKE, REIBMAN, FATTAH, HOPPER, SHUMAKER AND SALVATORE, MARCH 13, 1990
REFERRED TO JUDICIARY, MARCH 13, 1990
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," further providing for crime 21 victims' compensation. 22 The General Assembly of the Commonwealth of Pennsylvania 23 hereby enacts as follows: 24 Section 1. Section 477 of the act of April 9, 1929 (P.L.177, 25 No.175), known as The Administrative Code of 1929, amended or 26 added June 30, 1984 (P.L.458, No.96) and December 11, 1986 27 (P.L.1490, No.155), is amended to read:
1 Section 477. Definitions.--So far as it relates to the crime 2 victim's compensation provisions, the following terms shall be 3 defined as: 4 "Board" means the Crime Victim's Compensation Board. 5 "Claimant" means the person filing a claim pursuant to this 6 act. 7 ["Crime" means an act committed in Pennsylvania which, if 8 committed by a mentally competent, criminally responsible adult, 9 who had no legal exemption or defense, would constitute a crime 10 as defined in and proscribed by Title 18 of the "Pennsylvania 11 Consolidated Statutes," (relating to crimes and offenses) or 12 enumerated in the act of April 14, 1972 (P.L.233, No.64), known 13 as "The Controlled Substance, Drug, Device and Cosmetic Act": 14 Provided, however, That no act involving the operation of a 15 motor vehicle which results in injury shall constitute a crime 16 for the purpose of this act unless such injury was intentionally 17 inflicted through the use of a motor vehicle.] 18 "Crime" means an act, including an act resulting in injury 19 intentionally inflicted through the use of a motor vehicle, 20 which was committed: 21 (1) In Pennsylvania by a person who had no legal exemption 22 or defense and which would constitute a crime only as defined 23 in, proscribed by or enumerated in: 24 (i) 18 Pa.C.S. (relating to crimes and offenses), 30 Pa.C.S. 25 § 5502 (relating to operating watercraft under influence of 26 alcohol or controlled substance) or 5502.1 (relating to homicide 27 by watercraft while operating under influence) and 75 Pa.C.S. § 28 3731 (relating to driving under influence of alcohol or 29 controlled substance) or 3735 (relating to homicide by vehicle 30 while driving under influence); 19900S1514B1995 - 2 -
1 (ii) the act of April 14, 1972 (P.L.233, No.64), known as 2 "The Controlled Substance, Drug, Device and Cosmetic Act"; or 3 (iii) the laws of the United States, except acts which are 4 enumerated in section 10601(f) of the Victim's of Crime Act of 5 1984 (42 U.S.C. § 10601(f)), as amended. 6 (2) Against a resident of Pennsylvania which would be a 7 crime under paragraph (1), but for its occurrence in a state 8 other than Pennsylvania. 9 "Diversionary program" means a program used to divert the 10 defendant to an alternative form of disposition under the 11 Pennsylvania Rules of Criminal Procedure or statutory authority 12 and includes those dispositions authorized by Rules 160, 176 and 13 314 of the Pennsylvania Rules of Criminal Procedure and sections 14 17 and 18 of the act of April 14, 1972 (P.L.233, No.64), known 15 as "The Controlled Substance, Drug, Device and Cosmetic Act." 16 "Family," when used in reference to a person, shall mean (i) 17 anyone related to such person within the third degree of 18 consanguinity or affinity, (ii) anyone maintaining a common-law 19 relationship with such person, or (iii) anyone residing in the 20 same household with such person. 21 "Injury" shall include physical or mental damages incurred as 22 a direct result of the crime and aggravation of existing 23 injuries if additional losses can be attributed to the direct 24 result of the crime. Compensation for mental damages shall be 25 limited to expenses incurred for psychological or psychiatric 26 services which became necessary as a direct result of the crime. 27 "Intervenor" shall mean a person who goes to the aid of 28 another and suffers physical or mental injury or death as a 29 direct result of acting not recklessly to prevent the commission 30 of a crime, or to lawfully apprehend a person reasonably 19900S1514B1995 - 3 -
1 suspected of having committed such crime, or to aid the victim 2 of such crime. 3 "Local law enforcement agency" means a police department of a 4 city, borough, incorporated town or township. 5 "Loss of earnings," in addition to its ordinary meaning, 6 shall mean the loss of the cash equivalent of a social security, 7 railroad retirement, pension plan, retirement plan, disability, 8 child support or spousal support payment, where said payment is 9 the primary source of the victim's income and where the victim 10 is deprived of the money as a direct result of a crime. 11 "Out-of-pocket loss" means the unreimbursed and 12 unreimbursable expenses or indebtedness incurred for medical 13 care, nonmedical remedial care and treatment rendered in 14 accordance with a religious method of healing as approved by the 15 board, or other services, including psychological counseling, 16 prosthetic devices, eyeglasses or other corrective lenses, or 17 dental devices, reasonably necessary as a result of the injury 18 upon which the claim is based and for which the claimant either 19 has paid or is liable, to include expenses for physical 20 examinations and materials used to obtain evidence. In no case 21 shall property damages or compensation for pain and suffering be 22 included. 23 "Victim" shall mean a person against whom a crime has been 24 committed, including the parent, sibling, spouse, or child of 25 such person, other than the alleged offender, who, as a direct 26 result of the crime, suffers physical or mental injury, death or 27 the loss of earnings as herein defined[.], and shall include a 28 resident of Pennsylvania against whom an act has been committed 29 which otherwise would constitute a crime as defined in this act 30 but for its occurrence in a state other than Pennsylvania and 19900S1514B1995 - 4 -
1 for which the person would otherwise be compensated by the crime 2 victim compensation program of the state where the act occurred 3 but for the ineligibility of such program under the provisions 4 of the Victim's of Crime Act of 1984 (42 U.S.C. § 10601, et 5 seq.), as amended. 6 Section 2. Sections 477.3(b), 477.9(e) and 477.15 of the 7 act, amended or added June 30, 1984 (P.L.458, No.96), are 8 amended to read: 9 Section 477.3. Persons Eligible for Compensation.--* * * 10 (b) A person who is criminally responsible for the crime 11 upon which a claim is based or an accomplice of such person 12 shall not be eligible to receive compensation with respect to 13 such claim. A member of the family of the person who committed 14 the crime shall not be eligible if the offender is living in the 15 same household as the victim and will substantially benefit from 16 the award. The Attorney General may sue the offender or the 17 victim or both to recover the award if the offender at any time 18 benefits from the award. 19 * * * 20 Section 477.9. Awards.--* * * 21 (e) Except for any payments or proceeds that are 22 specifically denominated as compensation for dismemberment or 23 loss of an eye, any award made pursuant to this act shall be 24 reduced by the amount of any payments received or to be received 25 by the claimant as a result of the injury (i) from or on behalf 26 of the person who committed the crime, (ii) under any insurance 27 programs including those mandated by law, (iii) under any 28 contract of insurance wherein the claimant is the [insured] 29 beneficiary, (iv) from public funds, [or] (v) as an emergency 30 award pursuant to section 477.8 of this act, or (vi) under any 19900S1514B1995 - 5 -
1 pension program, including those providing for disability or 2 survivor's benefits. 3 * * * 4 Section 477.15. Mandatory Costs.--(a) Any person who pleads 5 guilty or nolo contendere or who is convicted of any crime, as 6 defined in section 477 shall, in addition to costs imposed 7 pursuant to 42 Pa.C.S. § 3571(c) (relating to Commonwealth 8 portion of fines, etc.), be sentenced to pay costs of at least 9 [fifteen dollars ($15).] thirty dollars ($30), but no more than 10 the sum of thirty dollars ($30) plus the statutory maximum 11 monetary penalty for the offense committed. 12 (b) Any person placed in a diversionary program, as defined 13 in section 477, shall be required to pay costs of at least 14 thirty dollars ($30), in addition to costs imposed pursuant to 15 42 Pa.C.S. § 3571(c). 16 [(b)] (c) Ten dollars ($10) of the costs imposed under 17 subsections (a) and (b) plus thirty per centum (30%) of the 18 costs imposed under subsection (a) which exceed thirty dollars 19 ($30) shall be paid into a special nonlapsing fund, which is 20 hereby established, for use by the Crime Victim's Compensation 21 Board for payment to victims. 22 [(c) Five dollars ($5)] (d) Twenty dollars ($20) of the 23 costs imposed under subsections (a) and (b) plus seventy per 24 centum (70%) of the costs imposed under subsection (a) which 25 exceed thirty dollars ($30) shall be paid into a special 26 nonlapsing fund, which is hereby established, for use by the 27 Commission on Crime and Delinquency for victim-witness services 28 grants and technical assistance in accordance with this section. 29 [(d)] (e) This cost shall be imposed notwithstanding any 30 other provision to this act or other act to the contrary. 19900S1514B1995 - 6 -
1 [(e)] (f) The district attorney, the Crime Victim's 2 Compensation Board, the Commission on Crime and Delinquency or 3 any victim of a crime (as defined in section 477) shall have 4 standing to seek a mandamus order requiring the county to 5 collect the costs imposed by this section. 6 Section 3. This act shall take effect in 60 days. A16L71CHF/19900S1514B1995 - 7 -