PRIOR PRINTER'S NO. 66                          PRINTER'S NO. 74

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 77 Session of 1991


        INTRODUCED BY CALTAGIRONE, BLAUM, DeWEESE, LaGROTTA, SAURMAN,
           MERRY, GEIST, GIGLIOTTI, DALEY, MAIALE, NAILOR, KOSINSKI,
           STABACK, KENNEY, LAUGHLIN, KRUSZEWSKI, HERMAN, BELFANTI,
           LINTON, FOX, ANGSTADT, PRESTON, GLADECK, FARGO, JOSEPHS,
           PICCOLA, MELIO, CESSAR AND DEMPSEY, JANUARY 15, 1991

        AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
           REPRESENTATIVES, AS AMENDED, JANUARY 28, 1991

                                     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, and for the rights of crime victims.

    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


     1  added June 30, 1984 (P.L.458, No.96) and December 11, 1986
     2  (P.L.1490, No.155), is amended to read:
     3     Section 477.  Definitions.--So far as it relates to the crime
     4  victim's compensation provisions, the following terms shall be
     5  defined as:
     6     "Board" means the Crime Victim's Compensation Board.
     7     "Claimant" means the person filing a claim pursuant to this
     8  act.
     9     ["Crime" means an act committed in Pennsylvania which, if
    10  committed by a mentally competent, criminally responsible adult,
    11  who had no legal exemption or defense, would constitute a crime
    12  as defined in and proscribed by Title 18 of the "Pennsylvania
    13  Consolidated Statutes," (relating to crimes and offenses) or
    14  enumerated in the act of April 14, 1972 (P.L.233, No.64), known
    15  as "The Controlled Substance, Drug, Device and Cosmetic Act":
    16  Provided, however, That no act involving the operation of a
    17  motor vehicle which results in injury shall constitute a crime
    18  for the purpose of this act unless such injury was intentionally
    19  inflicted through the use of a motor vehicle.]
    20     "Crime" means an act resulting in injury, including an act
    21  intentionally inflicted through the use of a motor vehicle,
    22  which was committed:
    23     (1)  By a person in Pennsylvania, without regard to legal
    24  exemption or defense, which would constitute a crime only as
    25  defined in, proscribed by or enumerated in:
    26     (i)  18 Pa.C.S. (relating to crimes and offenses), 30 Pa.C.S.
    27  § 5502 (relating to operating watercraft under influence of
    28  alcohol or controlled substance) or 5502.1 (relating to homicide
    29  by watercraft while operating under influence) and 75 Pa.C.S. §
    30  3731 (relating to driving under influence of alcohol or
    19910H0077B0074                  - 2 -

     1  controlled substance) or 3735 (relating to homicide by vehicle
     2  while driving under influence);
     3     (ii)  the act of April 14, 1972 (P.L.233, No.64), known as
     4  "The Controlled Substance, Drug, Device and Cosmetic Act"; or
     5     (iii)  the laws of the United States.
     6     (2)  Against a resident of Pennsylvania which would be crime
     7  under paragraph (1), but for its occurrence in a state other
     8  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
    19910H0077B0074                  - 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 or the
     5  Pennsylvania State Police.
     6     "Loss of earnings," in addition to its ordinary meaning,
     7  shall mean the loss of the cash equivalent of a [social
     8  security,] Social Security, railroad retirement, pension plan,
     9  retirement plan, disability, veteran's retirement, child support
    10  or spousal support payment, where said payment is the primary
    11  source of the victim's income and where the victim is deprived
    12  of the money as a direct result of a crime. In no event shall a   <--
    13  PAYMENT FOR SUCH loss of earnings exceed two thousand dollars     <--
    14  ($2,000) in one year.
    15     "Out-of-pocket loss" means the unreimbursed and
    16  unreimbursable expenses or indebtedness incurred for medical
    17  care, nonmedical remedial care and treatment rendered in
    18  accordance with a religious method of healing as approved by the
    19  board, or other services, including psychological counseling,
    20  prosthetic devices, eyeglasses or other corrective lenses or
    21  dental devices, reasonably necessary as a result of the injury
    22  upon which the claim is based and for which the claimant either
    23  has paid or is liable, to include expenses for physical
    24  examinations and materials used to obtain evidence. In no case
    25  shall property damages or compensation for pain and suffering be
    26  included.
    27     "Victim" shall mean a person against whom a crime has been
    28  committed, other than the alleged offender, who, as a direct
    29  result of the crime, suffers physical or mental injury, death or
    30  the loss of earnings as herein defined[.] and shall include a
    19910H0077B0074                  - 4 -

     1  resident of Pennsylvania against whom an act has been committed
     2  which otherwise would constitute a crime as defined in this act
     3  but for its occurrence in a state other than Pennsylvania and
     4  for which the person would otherwise be compensated by the crime
     5  victims' compensation program of the state where the act
     6  occurred but for the ineligibility of such program under the
     7  provisions of the Victims of Crime Act of 1984 (Public Law 98-
     8  473, 42 U.S.C. § 10601, et seq).
     9     Section 2.  Section 477.2(b) and (d) of the act, added July
    10  9, 1976 (P.L.574, No.139), is amended to read:
    11     Section 477.2.  Powers and Duties of Board.--The board shall
    12  have the following powers and duties:
    13     * * *
    14     (b)  To appoint [a secretary,] counsel, clerks and such other
    15  employes and agents as it may deem necessary, fix their
    16  compensation within the limits provided by law, and prescribe
    17  their duties.
    18     * * *
    19     (d)  To request from the Pennsylvania State Police, from any
    20  county, municipal or township police departments and agencies
    21  and from any other State, municipal or township department or
    22  agency, including, but not limited to, the Department of
    23  Insurance and the Bureau of Motor Vehicles, Department of
    24  Transportation, or public authority, and the same are hereby
    25  authorized to provide such assistance, information and data as
    26  will enable the board to carry out its function and duties,
    27  notwithstanding any statute or rule prohibiting disclosure of
    28  the requested information.
    29     * * *
    30     Section 3.  Section 477.3(a), (b) and (d) of the act, amended
    19910H0077B0074                  - 5 -

     1  June 30, 1984 (P.L.458, No.96) and December 11, 1986 (P.L.1490,
     2  No.155), are amended to read:
     3     Section 477.3.  Persons Eligible for Compensation.--(a)
     4  Except as provided in subsection (b) of this section, the
     5  following persons shall be eligible for compensation:
     6     (1)  A victim.
     7     (2)  An intervenor.
     8     (3)  A surviving spouse, parent or child of a deceased victim
     9  or intervenor.
    10     (4)  Any other person dependent for his principal support
    11  upon a deceased victim or intervenor.
    12     (5)  Any person [related to the victim within the third
    13  degree of consanguinity or affinity] who assumes the obligation
    14  or who pays the funeral or burial expense incurred as a direct
    15  result of the crime.
    16     (b)  A person who is criminally responsible for the crime
    17  upon which a claim is based or an accomplice of such person
    18  shall not be eligible to receive compensation with respect to
    19  such claim. A member of the family of the person who committed
    20  the crime shall not be eligible if the offender is living in the
    21  same household as the victim and will substantially benefit from
    22  the award. The Attorney General may sue the offender or the
    23  victim or both to recover the award if the offender at any time
    24  benefits from the award.
    25     * * *
    26     (d)  Where a crime results in death, the spouse, children,
    27  parents or siblings of the victim[, who reside within the same
    28  household as the victim,] shall be eligible for compensation for
    29  the cost of psychological counseling [which is] and other
    30  reasonable out-of-pocket losses which are deemed necessary as a
    19910H0077B0074                  - 6 -

     1  direct result of the criminal incident.
     2     Section 4.  Sections 477.4(b), (c) and (d) of the act,
     3  amended or added July 9, 1976 (P.L.574, No.139) and December 11,
     4  1986 (P.L.1490, No.155), are amended to read:
     5     Section 477.4.  Filing of Claims for Compensation.--* * *
     6     (b)  A claim must be filed not later than one year after the
     7  occurrence of the crime upon which the claim is based, or not
     8  later than one year after the death of the victim or intervenor:
     9  Provided, however, That for good cause the board may extend the
    10  time for filing for a period not exceeding two years after such
    11  occurrence. Where a victim is under the age of eighteen at the
    12  time of the occurrence of the crime [and the alleged offender is  <--
    13  the victim's parent or a person responsible for the victim's
    14  welfare, or any individual residing in the same home as the
    15  victim, or a paramour of the victim's parent, the board may, for
    16  good cause, extend the time for filing for a period not
    17  exceeding five years after such occurrence[.], a claim must be    <--
    18  filed no later than one year after the discovery of the crime by
    19  the victim's parent or guardian. If no claim is filed on behalf
    20  of the victim, said victim may, within one year of reaching
    21  majority, file a claim, regardless of the amount of time which
    22  has elapsed since the occurrence of the crime.
    23     (c)  Claims shall be filed in the [office of the secretary of
    24  the board] principal office of the board in Harrisburg, either
    25  in person or by mail.
    26     (d)  Upon filing of a claim pursuant to this act in which the
    27  identity of the offender is known, the board shall promptly
    28  notify the district attorney of the county wherein the crime is
    29  alleged to have occurred. If, within ten days after such
    30  notification, such district attorney advises the board that a
    19910H0077B0074                  - 7 -

     1  criminal prosecution is pending upon the same alleged crime and
     2  requests that action by the board be deferred, the board shall
     3  defer all proceedings under this act until such time as a trial
     4  verdict has been rendered, and shall so notify such district
     5  attorney and claimant. When a trial verdict has been rendered,
     6  such district attorney shall promptly so notify the board.
     7  Nothing in this section shall limit the authority of the board
     8  to grant emergency awards pursuant to section 477.8 of this act.
     9     Section 5.  Section 477.6(g) of the act, added July 9, 1976
    10  (P.L.574, No.139), is amended to read:
    11     Section 477.6.  Determination of Claims.--* * *
    12     (g)  [The secretary of the board shall promptly notify the
    13  claimant, the Attorney General and the State Treasurer of the
    14  final decision of the board and furnish each with a copy of the
    15  report setting forth the decision.] The board shall cause prompt
    16  notice of its decision to be given to the claimant and the
    17  Office of General Counsel by providing them with a copy of the
    18  report setting forth the decision. Upon acceptance of the award
    19  by the claimant, the State Treasurer shall be provided with a
    20  copy of the award order.
    21     Section 6.  Section 477.9(e) of the act, amended June 30,
    22  1984 (P.L.458, No.96), is amended to read:
    23     Section 477.9.  Awards.--* * *
    24     (e)  Except for any payments or proceeds that are
    25  specifically denominated as compensation for dismemberment or
    26  loss of an eye, any award made pursuant to this act shall be
    27  reduced by the amount of any payments received or to be received
    28  by the claimant as a result of the injury (i) from or on behalf
    29  of the person who committed the crime, (ii) under any insurance
    30  programs including those mandated by law, (iii) under any
    19910H0077B0074                  - 8 -

     1  contract of insurance wherein the claimant is the insured
     2  beneficiary, (iv) from public funds, [or] (v) as an emergency
     3  award pursuant to section 477.8 of this act[.], (vi) under any
     4  pension program, including those providing for disability or
     5  survivor's benefits, or (vii) from any other source, to which
     6  funds claimant would not have been entitled but for the alleged
     7  occurrence of the crime which is the subject of the claim.
     8     * * *
     9     Section 7.  Section 477.12 of the act, added July 9, 1976
    10  (P.L.574, No.139), is amended to read:
    11     Section 477.12.  Subrogation.--(a)  Payment of an award made
    12  pursuant to this act shall subrogate the Commonwealth, to the
    13  extent of such payment, to any right of action against any
    14  person accruing to the claimant [or], the victim or the
    15  intervenor to recover losses resulting from the crime with
    16  respect to which the award is made. In such case, the
    17  Commonwealth shall be entitled to bring an action against the
    18  person or persons causing or otherwise liable for the personal
    19  injuries or death for which said payment was made. Any money
    20  received by a claimant to which the claimant would not have been
    21  entitled but for the commission of the crime with respect to
    22  which such payment is made shall, to the extent of any award
    23  payment, be paid to the Commonwealth, with reasonable attorney
    24  fees, if any, to be deducted from the Commonwealth's
    25  entitlement. Any claimant who fails to report to the board the
    26  receipt of funds from claims arising out of the crime with
    27  respect to which an award has been made shall forfeit and pay to
    28  the Commonwealth an amount equal to all awards paid by the board
    29  either directly to said claimant or on said claimant's behalf.
    30     (b)  If an amount greater than that paid pursuant to these
    19910H0077B0074                  - 9 -

     1  provisions is recovered and collected in such action, the
     2  Commonwealth shall pay the balance to the claimant. The Attorney
     3  General shall enforce any subrogation.
     4     Section 8.  Section 477.15 of the act, added June 30, 1984
     5  (P.L.458, No.96), is amended to read:
     6     Section 477.15.  [Mandatory] Costs.--(a)  Any person who
     7  pleads guilty or nolo contendere or who is convicted of any
     8  crime, as defined in section 477 shall, in addition to costs
     9  imposed pursuant to 42 Pa.C.S. § 3571(c) (relating to
    10  Commonwealth portion of fines, etc.), be sentenced to pay costs
    11  of at least [fifteen dollars ($15.)] thirty dollars ($30), and
    12  may be sentenced to pay additional costs in an amount up to the
    13  statutory maximum monetary penalty for the offense committed.
    14     (a.1)  Any person placed in a diversionary program, as
    15  defined in section 477, shall be required to pay costs of at
    16  least thirty dollars ($30), in addition to costs imposed
    17  pursuant to 42 Pa.C.S. § 3571(c).
    18     (b)  [Ten dollars ($10)] Fifteen dollars ($15) of the costs
    19  imposed under subsections (a) and (a.1) plus thirty per centum
    20  (30%) of the costs imposed under subsection (a) which exceed
    21  thirty dollars ($30) shall be paid into a special nonlapsing
    22  fund, which is hereby established, for use by the Crime Victim's
    23  Compensation Board for payment to victims and technical
    24  assistance.
    25     (c)  [Five dollars ($5)] Fifteen dollars ($15) of the costs
    26  imposed under subsections (a) and (a.1) plus seventy per centum
    27  (70%) of the costs imposed under subsection (a) which exceed
    28  thirty dollars ($30) shall be paid into a special nonlapsing
    29  fund, which is hereby established, for use by the Commission on
    30  Crime and Delinquency for victim-witness services grants and
    19910H0077B0074                 - 10 -

     1  technical assistance in nonvictim compensation related areas in
     2  accordance with this section.
     3     (d)  This cost shall be imposed notwithstanding any other
     4  provision [to] in this act or other act to the contrary.
     5     (e)  The district attorney, the Crime Victim's Compensation
     6  Board, the Commission on Crime and Delinquency or any victim of
     7  a crime (as defined in section 477) shall have standing to seek
     8  a mandamus order requiring the county to collect the costs
     9  imposed by this section.
    10     Section 9.  Section 477.17 of the act, amended June 30, 1984
    11  (P.L.458, No.96), is amended to read:
    12     Section 477.17.  Responsibilities of Local Law Enforcement
    13  Agencies.--(a)  All local law enforcement agencies shall insure
    14  that all of its officers and employes are familiar with crime
    15  victim's compensation as provided for in sections 477 through
    16  [477.17] 477.19 of this act. Instruction concerning crime
    17  victim's compensation shall be made a part of the training
    18  curriculum for all trainee officers.
    19     (b)  Local law enforcement agencies shall advise the victims
    20  of crimes reported to it, or members of the family of such
    21  victim, where appropriate, of the availability of crime victim's
    22  compensation as provided by this act. The term "victim" as used
    23  in this subsection shall be a victim as defined by this act. The
    24  notice required under this subsection shall be in writing and
    25  shall include the following paragraph:
    26         "If you have sustained physical injury as a direct result
    27     of a crime [of violence], or are legally dependent for
    28     support upon a person who has sustained physical injury or
    29     death as a direct result of a crime [of violence], or, in the
    30     event of a death caused by a crime [of violence], you are a
    19910H0077B0074                 - 11 -

     1     member of the family of the decedent and have legally assumed
     2     or voluntarily paid the medical or burial expenses incurred
     3     as a direct result thereof, or if you have sustained a loss
     4     of cash and a Social Security, child or spousal support, or A  <--
     5     PENSION PLAN, RETIREMENT PLAN, DISABILITY PLAN, railroad
     6     retirement PLAN or veterans' retirement plan is your primary   <--
     7     source of income, you may qualify for indemnification by the
     8     State of Pennsylvania for the out-of-pocket wages, other out-
     9     of-pocket losses and medical or burial expenses which you
    10     have incurred as a result of the crime. Claims must be filed
    11     with the Crime Victim's Compensation Board for the State of
    12     Pennsylvania. For further information regarding this program
    13     and a copy of the claim form, please contact:
    14                 (Name, business address and telephone
    15                  number of the local law enforcement
    16                  agency)
    17                                 or
    18                 [Crime Victim's Compensation Board                 <--
    19                     [Office of General Counsel                     <--
    20                     Harrisburg, Pennsylvania]
    21                 Crime Victim's Compensation Board                  <--
    22                 Harristown Bldg. No.2, Lobby Level
    23                         333 Market Street
    24                       Harrisburg, PA  17101
    25                         (800) 233-2339 or
    26                           (717) 783-5153
    27               (CURRENT ADDRESS AND TELEPHONE NUMBER                <--
    28                OF THE BOARD AS PUBLISHED BY NOTICE
    29                   IN THE PENNSYLVANIA BULLETIN)
    30         [Important] IMPORTANT:  The statute provides that, absent
    19910H0077B0074                 - 12 -

     1     certain extenuating circumstances, a claimant has one year
     2     from the date of the crime to file [his] a claim with the
     3     Crime Victim's Compensation Board."
     4     (c)  [The written notification provided for in subsection (b)
     5  shall be accompanied by one copy of the application form for
     6  crime victim's compensation. These forms] Application forms for
     7  crime victim's compensation shall be supplied by the Crime
     8  Victim's Compensation Board to all local law enforcement
     9  agencies. [The] A record of the date and address of delivery of
    10  all [letters of notification] such notices shall be maintained
    11  by every local law enforcement agency.
    12     [(d)  Any officer of a local law enforcement agency whose
    13  duties include the investigation of crimes may notify victims or
    14  their families of the availability of compensation under this
    15  act by giving them a card or sheet bearing the paragraph as
    16  quoted in subsection (b) above. A record of such personal notice
    17  shall be maintained by the local law enforcement agency.
    18     (e)  In municipalities which do not have a local law
    19  enforcement agency, the board shall by rule establish procedures
    20  whereby it, together with the State Police, shall give the
    21  notice to victims of crimes as provided in this section.]
    22     Section 10.  Section 477.18 of the act is amended by adding a
    23  subsection to read:
    24     Section 477.18.  Distribution of Moneys Received as a Result
    25  of the Commission of Crime.--* * *
    26     (h)  It shall be the duty of the attorney for any person
    27  convicted of a crime and the chief correctional officer of any
    28  state or county correctional institution or facility to notify
    29  the board of the negotiation or execution of a contract which is
    30  the subject of this section.
    19910H0077B0074                 - 13 -

     1     Section 11.  Section 477.19 of the act, added December 11,
     2  1986 (P.L.1490, No.155), is amended to read:
     3     Section 477.19.  Responsibilities of Service Providers and
     4  Insurance Companies.--(a)  Providers of services, including, but
     5  not limited to, doctors, hospitals, counselors and insurance
     6  companies providing or liable for reimbursement to victims or
     7  claimants, shall respond, in writing, to the board's request for
     8  confirmation or other information under this act within thirty
     9  (30) days of receipt of the board's request.
    10     (b)  Any provider who fails to respond within thirty (30)
    11  days of receipt of the request shall be subject to civil penalty
    12  of not more than ten dollars ($10) per day, up to and including
    13  the date of compliance.
    14     (c)  The office of district attorney of the county in which
    15  the provider is located, the Office of General Counsel or the     <--
    16  Attorney General [shall be] are charged with enforcement of this  <--
    17  section.
    18     (d)  The failure of a provider to respond within thirty (30)
    19  days of receipt of the board's request shall cause the claim on
    20  behalf of that provider to be denied and shall, when certified
    21  by the board, operate as a bar to any action by the provider on
    22  the claim against any person, unless the provider can establish
    23  that its failure to act was due to the failure or refusal of the
    24  claimant to provide necessary information when requested to do
    25  so by the provider.
    26     Section 12.  The definitions DEFINITION of "crime" and         <--
    27  "family" in section 479.1 of the act, added June 30, 1984
    28  (P.L.458, No.96), are IS amended to read:                         <--
    29     Section 479.1.  Definitions.--The following words and phrases
    30  when used in sections 479 through 479.5 shall have the meanings
    19910H0077B0074                 - 14 -

     1  given to them in this section unless the context clearly
     2  indicates otherwise:
     3     * * *
     4     ["Crime" means an act committed in this Commonwealth which,
     5  if committed by a mentally competent, criminally responsible
     6  adult who had no legal exemption or defense, would constitute a
     7  crime as defined in and proscribed by Title 18 of the
     8  Pennsylvania Consolidated Statutes (relating to crimes and
     9  offenses) or enumerated in the act of April 14, 1972 (P.L.233,
    10  No.64), known as "The Controlled Substance, Drug, Device and
    11  Cosmetic Act." No act involving the operation of a motor vehicle
    12  which results in injury shall constitute a crime for the purpose
    13  of this act unless the injury was intentionally inflicted
    14  through the use of a motor vehicle.]
    15     "Crime" means an act resulting in injury, including an act
    16  intentionally inflicted through the use of a motor vehicle,
    17  which was committed by a person in Pennsylvania, without regard
    18  to legal exemption or defense, which would constitute a crime
    19  only as defined in, proscribed by or enumerated in:
    20     (1)  18 Pa.C.S. (relating to crimes and offenses), 30 Pa.C.S.
    21  § 5502 (relating to operating watercraft under influence of
    22  alcohol or controlled substance) or 5502.1 (relating to homicide
    23  by watercraft while operating under influence) and 75 Pa.C.S. §
    24  3731 (relating to driving under influence of alcohol or
    25  controlled substance) or 3735 (relating to homicide by vehicle
    26  while driving under influence);
    27     (2)  the act of April 14, 1972 (P.L.233, No.64), known as
    28  "The Controlled Substance, Drug, Device and Cosmetic Act"; or
    29     (3)  the laws of the United States.
    30     "Family" means when used in reference to a person:             <--
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     1     (1)  anyone related to that person within the [third] fourth
     2  degree of consanguinity or affinity;
     3     (2)  anyone maintaining a common-law relationship with that
     4  person; or
     5     (3)  anyone residing in the same household with that person.
     6     * * *
     7     Section 13.  Section 479.3 of the act, added June 30, 1984
     8  (P.L.458, No.96), is amended to read:
     9     Section 479.3.  Basic Bill of Rights for Victims.--Victims of
    10  crime have the following rights:
    11     (1)  To have included in any presentence report information
    12  concerning the effect that the crime committed by the defendant
    13  has had upon the victim, including any physical or psychological
    14  harm or financial loss suffered by the victim, to the extent
    15  that such information is available from the victim or other
    16  sources.
    17     (2)  To have restitution ordered as a condition of probation
    18  whenever feasible.
    19     (3)  Upon request of the victim of a feloniously assaultive
    20  crime, to be promptly informed by the district attorney whenever
    21  the assailant is to be released on parole, furlough or any other
    22  form of supervised or unsupervised release from full
    23  incarceration.
    24     (4)  To have assistance in the preparation of, submission and
    25  follow-up of financial assistance claims to the board.
    26     Section 14.  Section 479.5(f) of the act, added December 11,
    27  1986 (P.L.1490, No.155), is amended to read:
    28     Section 479.5.  Grant Program for Services.--* * *
    29     (f)  In the allocation of funds for services under section
    30  479.4, the commission shall consider the revenue collected by
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     1  potential grant recipients under the penalty assessments
     2  authorized in section 477.15 of this act and section 1203 of the
     3  act of June 13, 1967 (P.L.31, No.21), known as the "Public
     4  Welfare Code," pertaining to domestic violence and rape crisis
     5  services, and the extent to which crime victim's compensation
     6  claims assistance is made available.
     7     Section 15.  This act shall take effect as follows:
     8         (1)  The amendment of section 477 of the act shall take
     9     effect September 1, 1991.
    10         (2)  The remainder of this act shall take effect in 60
    11     days.













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