PRIOR PRINTER'S NO. 3512 PRINTER'S NO. 4284
No. 2603 Session of 1996
INTRODUCED BY READSHAW, HALUSKA, BEBKO-JONES, WOGAN, ARGALL,
TRELLO, WALKO, LAUGHLIN, STURLA, SAINATO, HERMAN, BELARDI,
STABACK, CAPPABIANCA, SHANER, MELIO, MERRY, BROWNE, BOSCOLA,
VAN HORNE, BELFANTI, McCALL, DeLUCA, JAROLIN, McGEEHAN,
PISTELLA, E. Z. TAYLOR, LAWLESS, DERMODY, OLASZ, GIGLIOTTI
AND MANDERINO, MAY 8, 1996
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
NOVEMBER 20, 1996
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 Crime
21 Victim and Witness Assistance Fund and, for surcharge and <--
22 program criteria AND FOR REGULATION OF BOND SERVICES OF THE <--
23 COMMONWEALTH AND ITS AGENCIES, AUTHORITIES AND COMMISSIONS.
24 The General Assembly of the Commonwealth of Pennsylvania
25 hereby enacts as follows:
26 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 a <--
2 section SECTIONS to read: <--
3 Section 477.23. Crime Victim and Witness Assistance Fund.--
4 (a) If a court imposes a sentence or places a person on
5 probation, the court shall impose a crime victim and witness
6 assistance surcharge as follows:
7 (1) Seventy dollars ($70) when the conviction is a felony.
8 Of this amount, fifty dollars ($50) shall be distributed to
9 witness protection programs and twenty dollars ($20) shall be
10 distributed to crime victim assistance programs.
11 (2) Fifty dollars ($50) when the conviction is a
12 misdemeanor. Of this amount, thirty dollars ($30) shall be
13 distributed to witness protection programs.
14 This cost shall be imposed in addition to and notwithstanding
15 any other provision in this act or other act to the contrary.
16 (b) The clerk of courts shall collect and transmit the
17 amount due to the State Treasurer to be deposited into a
18 restricted receipt fund to be known as the Crime Victim and
19 Witness Assistance Fund. The moneys shall be held in deposit by
20 the State Treasurer and may be drawn upon and distributed by the
21 Crime Victims Compensation Board for approved programs.
22 (c) The amounts collected and deposited into the Crime
23 Victim and Witness Assistance Fund shall be approved for
24 district attorney and other criminal justice agency programs for
25 relocation and protection of witnesses in criminal cases.
26 (d) A proposed program shall be submitted by the district
27 attorney or criminal justice agency to the commission for review
28 and approval in a format designated by the commission. The
29 commission shall complete its review within ninety days of
30 submission of a proposed program. Failure to disapprove or
19960H2603B4284 - 2 -
1 recommend amendment of a program within ninety days shall
2 constitute approval.
3 (e) Prison wardens may collect the surcharge from prisoners'
4 wages earned while they are in prison. This authority shall
5 apply in all cases including those where the prisoner is on work
6 release and where the prisoner works in the correctional
7 facility.
8 (f) The moneys in the Crime Victim and Witness Assistance
9 Fund shall be under the supervision of the Crime Victims
10 Compensation Board and shall be allocated to counties on an as
11 needed basis, upon proper voucher, as required by the Crime
12 Victims Compensation Board and after the expense was incurred by
13 the county.
14 (g) Counties may enter into agreements with each other for
15 services or contract with other counties for services as may be
16 needed to carry out this act.
17 SECTION 531. BOND SERVICES.--(A) ANY AND ALL BOND SERVICES <--
18 PERFORMED FOR THE COMMONWEALTH, ITS AGENCIES, AUTHORITIES AND
19 COMMISSIONS WHICH CANNOT BE PERFORMED BY EMPLOYEES OF THE
20 COMMONWEALTH SHALL BE CONTRACTED WITH AND PERFORMED BY THE BOND
21 SERVICE PROVIDER SUBMITTING THE LOWEST RESPONSIBLE BID.
22 (B) FOR EACH BOND SERVICE REQUIRED TO BE PERFORMED FOR THE
23 COMMONWEALTH, ITS AGENCIES, AUTHORITIES OR COMMISSIONS, THE
24 ISSUING AUTHORITY SHALL DISTRIBUTE A REQUEST FOR PROPOSAL
25 REQUIRING A WRITTEN RESPONSE.
26 (C) AFTER EACH BOND SERVICE PROVIDER IS SELECTED, THE
27 ISSUING AUTHORITY SHALL ISSUE A WRITTEN REPORT OF THE SELECTION
28 OF THE SERVICE PROVIDER AND THE BASIS THEREFOR. A COPY OF THE
29 REQUEST FOR PROPOSAL AND THE RESPONSES THERETO SHALL BE MADE A
30 PART OF THE REPORT. THIS REPORT SHALL BE MADE AVAILABLE TO THE
19960H2603B4284 - 3 -
1 PUBLIC.
2 (D) AS USED IN THIS ACT, THE FOLLOWING WORDS AND PHRASES
3 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION:
4 "BOND SERVICES." LEGAL, FINANCIAL AND OTHER SERVICES BY A
5 BOND SERVICE PROVIDER RENDERED IN CONJUNCTION WITH ANY BONDS
6 ISSUED.
7 "BOND SERVICE PROVIDER." ANY BOND COUNSEL, FINANCIAL
8 ADVISER, UNDERWRITER, LOAN AND TRANSFER AGENT, VERIFICATION
9 AGENT OR PRINTER WHO PROVIDES BOND SERVICES.
10 Section 2. This act shall take effect in 90 days.
D22L71JLW/19960H2603B4284 - 4 -