PRIOR PRINTER'S NOS. 127, 145, 173, PRINTER'S NO. 185
182
No. 103 Special Session No. 1 of 1995
INTRODUCED BY LEH, PICCOLA, HENNESSEY, CALTAGIRONE, BIRMELIN,
CHADWICK, DALEY, BOSCOLA AND FEESE, MARCH 16, 1995
AMENDMENTS TO SENATE AMENDMENTS, HOUSE OF REPRESENTATIVES,
SEPTEMBER 18, 1995
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 definitions; establishing the
22 Bureau of Victims Services; further providing for the
23 existence and powers and duties of the Crime Victim's
24 Compensation Board, for crime victims' compensation
25 eligibility and claims, for crime victims' compensation
26 awards and subrogation, for crime victims' compensation
27 costs, for law enforcement responsibilities relating to crime
28 victims' compensation, for proceeds from crimes, for
29 responsibilities of employers, service providers and insurers
30 as to crime victims' compensation and for the Basic Bill of
31 Rights for Victims; imposing duties on the Department of
1 Corrections, the Pennsylvania Board of Probation and Parole
2 and the Department of Public Welfare; providing for a
3 transfer of the functions of the Crime Victim's Compensation
4 Board to the Bureau of Victims Services; and further
5 providing for basic bill of rights for victims and for
6 responsibilities of local correctional facilities.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 477 of the act of April 9, 1929 (P.L.177, <--
10 No.175), known as The Administrative Code of 1929, amended
11 August 14, 1991 (P.L.331, No.35), is amended to read:
12 Section 477. Definitions.--So far as it relates to the crime
13 victim's compensation provisions, the following terms shall be
14 defined as:
15 ["Board" means the Crime Victim's Compensation Board.]
16 "Bureau" means the Bureau of Victims Services in the
17 Pennsylvania Commission on Crime and Delinquency.
18 "Claimant" means the person filing a claim pursuant to this
19 act.
20 "Commission" means the Pennsylvania Commission on Crime and
21 Delinquency established under the act of November 22, 1978
22 (P.L.1166, No.274), referred to as the Pennsylvania Commission
23 on Crime and Delinquency Law.
24 "Crime" means an act, including an act resulting in injury
25 intentionally inflicted through the use of a motor vehicle,
26 which was committed:
27 (1) In Pennsylvania by a person without regard to legal
28 exemption or defense and which would constitute a crime only as
29 defined in, proscribed by or enumerated in:
30 (i) 18 Pa.C.S. (relating to crimes and offenses), 30 Pa.C.S.
31 § 5502 (relating to operating watercraft under influence of
32 alcohol or controlled substance) or 5502.1 (relating to homicide
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1 by watercraft while operating under influence) and 75 Pa.C.S. §
2 3731 (relating to driving under influence of alcohol or
3 controlled substance) or 3735 (relating to homicide by vehicle
4 while driving under influence);
5 (ii) the act of April 14, 1972 (P.L.233, No.64), known as
6 "The Controlled Substance, Drug, Device and Cosmetic Act"; or
7 (iii) the laws of the United States.
8 (2) Against a resident of Pennsylvania which would be a
9 crime under clause (1), but for its occurrence in a state other
10 than Pennsylvania.
11 "Diversionary program" means a program used to divert the
12 defendant to an alternative form of disposition under the
13 Pennsylvania Rules of Criminal Procedure or statutory authority
14 and includes those dispositions authorized by Rules 160, 176 and
15 314 of the Pennsylvania Rules of Criminal Procedure and sections
16 17 and 18 of the act of April 14, 1972 (P.L.233, No.64), known
17 as "The Controlled Substance, Drug, Device and Cosmetic Act."
18 "Family," when used in reference to a person, shall mean (i)
19 anyone related to such person within the third degree of
20 consanguinity or affinity, (ii) anyone maintaining a common-law
21 relationship with such person, or (iii) anyone residing in the
22 same household with such person.
23 "Injury" shall include physical or mental damages incurred as
24 a direct result of the crime and aggravation of existing
25 injuries if additional losses can be attributed to the direct
26 result of the crime. Compensation for mental damages shall be
27 limited to expenses incurred for psychological or psychiatric
28 services which became necessary as a direct result of the crime.
29 "Intervenor" shall mean a person who goes to the aid of
30 another and suffers physical or mental injury or death as a
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1 direct result of acting not recklessly to prevent the commission
2 of a crime, or to lawfully apprehend a person reasonably
3 suspected of having committed such crime, or to aid the victim
4 of such crime.
5 "Local law enforcement agency" means a police department of a
6 city, borough, incorporated town or township.
7 "Loss of earnings," in addition to its ordinary meaning,
8 shall mean the loss of the cash equivalent of [one month's]
9 social security, railroad retirement, pension plan, retirement
10 plan, disability, veteran's retirement, court-ordered child
11 support or court-ordered spousal support [payment], where said
12 payment is the primary source of the victim's income and where
13 the victim is deprived of the money as a direct result of a
14 crime.
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 reasonably necessary as a result of the injury upon which the
21 claim is based and for which the claimant either has paid or is
22 liable, to include expenses for physical examinations and
23 materials used to obtain evidence. In no case shall property
24 damages or compensation for pain and suffering be included.
25 "Victim" shall mean a person against whom a crime has been
26 committed, other than the alleged offender, who, as a direct
27 result of the crime, suffers physical or mental injury, death or
28 the loss of earnings as herein defined, and shall include a
29 resident of Pennsylvania against whom an act has been committed
30 which otherwise would constitute a crime as defined in this act
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1 but for its occurrence in a state other than Pennsylvania and
2 for which the person would otherwise be compensated by the crime
3 victim compensation program of the state where the act occurred
4 but for the ineligibility of such program under the provisions
5 of the Victim's of Crime Act of 1984 (42 U.S.C. § 10601, et
6 seq.), as amended.
7 Section 2. Section 477.1 of the act, added July 9, 1976
8 (P.L.574, No.139), is amended to read:
9 Section 477.1. [Crime Victim's Compensation Board.--(a)
10 There is hereby created a departmental administrative board for
11 the administration of this act, which shall be known as the
12 Crime Victim's Compensation Board. Such board shall consist of
13 three members no more than two of whom shall belong to the same
14 political party, who shall be appointed by the Governor by and
15 with the consent of a majority of the Senate.
16 (b) The term of office of each member shall be six years,
17 except that the members first appointed shall serve for terms of
18 six years, four years and two years, respectively. Any member
19 appointed to fill a vacancy occurring otherwise than by
20 expiration of a term shall be appointed for the remainder of the
21 unexpired term.
22 (c) Each member of the board shall be eligible for
23 reappointment and any member of the board may be removed by the
24 Governor for inefficiency, neglect of duty, or malfeasance in
25 office.
26 (d) The Governor shall designate one member of the board as
27 chairman thereof, to serve as such at the pleasure of the
28 Governor.
29 (e) The members of the board shall devote their full time
30 and capacity to their duties. The members of the board shall
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1 receive an annual starting salary of twenty-five thousand
2 dollars ($25,000). Thereafter they shall receive an annual
3 salary to be fixed by the Executive Board of the Commonwealth
4 within the amount made available by appropriation. The chairman
5 shall receive five hundred dollars ($500) additional
6 compensation per annum.] Bureau of Victims Services.--(a) There
7 is hereby created within the Pennsylvania Commission on Crime
8 and Delinquency the Bureau of Victims Services. The bureau shall
9 be responsible for administering sections 477 through 477.22 as
10 well as sections 479.4 and 479.5 of this act. The Bureau of
11 Victims Services shall also be responsible for the disposition
12 of all claims for victim compensation filed pursuant to this
13 act.
14 (b) A director of the bureau shall be appointed by the
15 chairman of the commission. The director shall be paid such
16 compensation as the executive board may determine.
17 (c) The director of the bureau may employ such personnel and
18 contract for such services as may be necessary and authorized to
19 carry out the purposes of the bureau.
20 Section 3. Section 477.1a of the act is repealed.
21 Section 4. Section 477.2 of the act, amended or added July
22 9, 1976 (P.L.574, No.139) and June 30, 1984 (P.L.458, No.96), is
23 amended to read:
24 Section 477.2. Powers and Duties of [Board.--The board]
25 Bureau.--The bureau, subject to approval of the commission,
26 shall have the following powers and duties:
27 (a) To establish and maintain a principal office in or near
28 Harrisburg and such other offices within the Commonwealth as it
29 may deem necessary.
30 (b) To appoint [a secretary,] counsel, clerks, claims
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1 verifiers, hearing officers and such other employes and agents
2 as it may deem necessary, fix their compensation within the
3 limits provided by law, and prescribe their duties.
4 (c) To adopt, promulgate, amend and rescind suitable rules
5 and regulations to carry out the provisions and purposes of this
6 act, including rules for the approval of attorney's fees for
7 representation before [the board] the bureau, a hearing examiner
8 or before the Commonwealth Court upon judicial review as
9 provided for in section 477.7 of this act. Awards of the
10 attorney's fees shall be in addition to awards made to victims.
11 Awards of attorney's fees shall in no case exceed fifteen per
12 centum of the award to the victim or victims. It shall be
13 unlawful for an attorney to contract for or receive any sum
14 larger than the amount allowed. Regulations under this
15 subsection shall include policies, procedures and standards of
16 review regarding claims for compensation; approval or denial of
17 claims, including contributory conduct by victims; verification
18 of information and documents; prioritization of review; and all
19 other matters related to the processing.
20 (d) To request from the Pennsylvania State Police, from any
21 county, municipal or township police departments and agencies
22 and from any other State, municipal or township department or
23 agency, or public authority, and the same [are hereby authorized
24 to] shall provide such assistance and data as will enable the
25 [board] bureau to carry out its function and duties.
26 (e) To [hear and] determine all claims for awards filed with
27 the [board] bureau pursuant to this act, and to reinvestigate or
28 reopen cases as the [board] bureau deems necessary.
29 (f) To direct medical examinations of victims.
30 (g) To [hold hearings,] appoint hearing officers who shall
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1 be authorized to administer oaths or affirmations, examine any
2 person under oath or affirmation and to issue subpoenas
3 requiring the attendance and giving of testimony of witnesses
4 and require the production of any books, papers, documentary or
5 other evidence. [The powers provided in this section may be
6 delegated by the board to any member thereof.] The bureau shall
7 reimburse claimants for attending hearings, regardless of the
8 disposition of the claim, at the rate of twenty cents (20¢) per
9 mile and at the rate of twenty dollars ($20) for each day of
10 hearing.
11 (h) To take or cause to be taken affidavits or depositions
12 within or without the State.
13 (i) To render each year to the Governor and to the General
14 Assembly a written report of its activities. In its third annual
15 report and in every third annual report thereafter, the [board]
16 bureau, upon investigation and study, shall include its findings
17 and recommendations with respect to the limits on compensation[.
18 The investigation and study], whether or not an increase is
19 being requested. The annual report shall include, but not be
20 limited to, a summary of an audit by the Auditor General or an
21 independent accounting firm of a statistically valid sample of
22 the amounts paid to [each person compensated] crime victims so
23 as to avoid duplications, other possible errors, or fraud. The
24 bureau shall formalize agreements with the Auditor General for
25 the provision of the annual audit.
26 (j) To arrange with the heads of other State agencies for
27 the performance of any of its functions under this act with or
28 without reimbursement and, with the approval of the Governor,
29 delegate and authorize the redelegation of any of its powers
30 under this act.
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1 (k) To establish a program to assure extensive and
2 continuing publicity for the provisions relating to compensation
3 under this act, including information on the right to file a
4 claim, the scope of coverage, and procedures to be utilized
5 incident thereto.
6 (l) To administer the Crime Victim's Compensation Fund,
7 created under section 477.15, for the payment of claims filed
8 under this act and for all reasonable and necessary
9 administrative expenses.
10 Section 5. Section 477.3 of the act, amended June 30, 1984
11 (P.L.458, No.96), December 11, 1986 (P.L.1485, No.153), December
12 11, 1986 (P.L.1490, No.155) and August 14, 1991 (P.L.331,
13 No.35), is amended to read:
14 Section 477.3. Persons Eligible for Compensation.--(a)
15 Except as provided in subsection (b) of this section, the
16 following persons shall be eligible for compensation:
17 (1) A victim.
18 (2) An intervenor.
19 (3) A surviving spouse, parent or child of a deceased victim
20 or intervenor.
21 (4) Any other person dependent for his principal support
22 upon a deceased victim or intervenor.
23 (5) Any person related to the victim [within the third
24 degree of consanguinity or affinity] who assumes the obligation
25 or who pays the funeral or burial expense incurred as a direct
26 result of the crime[.] or, if no relative assumes the
27 obligation, to the person who assumes the obligation or makes
28 the payment.
29 (b) A person who is criminally responsible for the crime
30 upon which a claim is based or an accomplice of such person
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1 shall not be eligible to receive compensation with respect to
2 such claim. A member of the family of the person who committed
3 the crime shall not be eligible if the offender is living in the
4 same household as the victim and will substantially benefit from
5 the award. The Attorney General may sue the offender or the
6 victim or both to recover the award if the offender at any time
7 benefits from the award.
8 [(c) A person who is a resident of the United States,
9 including the District of Columbia, the Commonwealth of Puerto
10 Rico and all territories and possessions of the United States,
11 shall be eligible for compensation.]
12 (d) Where a crime results in death, the spouse, children,
13 parents or siblings of the victim, who reside within the same
14 household as the victim, shall be eligible for compensation for
15 the cost of psychological counseling and other reasonable out-
16 of-pocket losses which are deemed necessary as a direct result
17 of the criminal incident.
18 Section 6. Section 477.4 of the act, amended or added July
19 9, 1976 (P.L.574, No.139) and December 11, 1986 (P.L.1490,
20 No.155), is amended to read:
21 Section 477.4. Filing of Claims for Compensation.--(a) A
22 claim for compensation may be filed by a person eligible for
23 compensation, as provided in section 477.3 of this act, or, if
24 such person is a minor, by his parent or guardian, or if the
25 person entitled to make a claim is mentally incompetent, by his
26 guardian or such other individual authorized to administer his
27 estate.
28 (b) A claim must be filed not later than one year after the
29 occurrence of the crime upon which the claim is based, or not
30 later than one year after the death of the victim or intervenor:
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1 Provided, however, That for good cause the board may extend the
2 time for filing for a period not exceeding two years after such
3 occurrence. Where a victim is under the age of eighteen at the
4 time of the occurrence of the crime and the alleged offender is
5 the victim's parent or a person responsible for the victim's
6 welfare, or any individual residing in the same home as the
7 victim, or a paramour of the victim's parent, the [board] bureau
8 may, for good cause, extend the time for filing for a period not
9 exceeding five years after such occurrence. If a claim has been
10 filed but subsequently returned to the claimant for correction
11 or for additional verification or information, the date the
12 claim was first received by the bureau shall be the permanent
13 filing date for purposes of this subsection: Provided, however,
14 That the correction or additional verification or information
15 must be filed within six months of the date of return.
16 (c) Claims shall be filed in the office of the [secretary of
17 the board] bureau or by mail.
18 (d) Upon filing of a claim pursuant to this act, the [board]
19 bureau shall promptly notify the district attorney of the county
20 wherein the crime is alleged to have occurred. If, within ten
21 days after such notification, such district attorney advises the
22 [board] bureau that a criminal prosecution is pending upon the
23 same alleged crime and requests that action by the [board]
24 bureau be deferred, the [board] bureau shall defer all
25 proceedings under this act until such time as a trial verdict
26 has been rendered, and shall so notify such district attorney
27 and claimant. When a trial verdict has been rendered, such
28 district attorney shall promptly so notify the [board] bureau.
29 Nothing in this section shall limit the authority of the [board]
30 bureau to grant emergency awards pursuant to section 477.8 of
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1 this act.
2 Section 7. Sections 477.6, 477.7 and 477.8 of the act, added
3 July 9, 1976 (P.L.574, No.139), are amended to read:
4 Section 477.6. Determination of Claims.--(a) [A claim, when
5 accepted for filing, shall be assigned by the chairman to
6 himself or to another member of the board. All claims arising
7 from the death of an individual as a direct result of a single
8 crime, shall be considered together by a single board member.]
9 The bureau shall establish functional procedures for the intake,
10 verification and processing of claims.
11 (b) The [board member to whom such claim is assigned shall
12 examine the papers filed in support of the claim and shall
13 thereupon cause an investigation to be conducted into the
14 validity of the claim.] bureau shall review the claim and all
15 supporting documents and investigate the validity thereof. The
16 investigation shall include, but not be limited to, an
17 examination of police, court and official records and reports
18 concerning the crime and an examination of medical and hospital
19 reports relating to the injury upon which the claim is based.
20 (c) Claims shall be investigated and determined, regardless
21 of whether the alleged criminal has been apprehended or
22 prosecuted for or convicted of any crime based upon the same
23 incident, or has been acquitted, or found not guilty of the
24 crime in question owing to criminal responsibility or other
25 legal exemption or defense.
26 (d) [The board member to whom a claim is assigned may make
27 his recommendation regarding the claim on the basis of the
28 papers filed in support thereof and the report of the
29 investigation of the claim. If the board member is unable to
30 decide his recommendation upon the basis of the said papers and
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1 report, he shall order a hearing. At the hearing any relevant
2 evidence, not legally privileged, shall be admissible.] The
3 bureau shall determine whether to grant an award, increase or
4 decrease an award or deny the claim based on the supporting
5 documents, the report of the investigation and staff
6 recommendations. If the bureau is unable to determine if a claim
7 is justified based upon the supporting documents, it may direct
8 a hearing before a hearing examiner designated by the
9 commission. At the hearing any relevant evidence not legally
10 privileged shall be admissible.
11 [(e) After examining the papers filed in support of the
12 claim and the report of investigation, and after a hearing, if
13 any, the board member to whom the claim was assigned shall make
14 a recommendation to the entire board either granting an award or
15 denying the claim.
16 (f) The entire board shall act upon the recommendation of
17 the board member. The board, by majority vote, may affirm,
18 increase, decrease or deny the award. No decision shall be valid
19 unless at least two members are in agreement on the decision.]
20 (g) The [secretary of the board] bureau shall promptly
21 notify the claimant[, the Attorney General] and the State
22 Treasurer of the final decision of the [board and furnish each
23 with a copy of the report setting forth the decision] bureau.
24 (h) The bureau shall maintain complete records and histories
25 on all claims filed, supplemental awards paid to claimants,
26 claims status and third-party entitlements and recoveries.
27 Section 477.7. Judicial Review.--Within thirty days after
28 receipt of a copy of such report containing a final decision of
29 the [board] bureau, the claimant or the Attorney General may
30 appeal the final decision of the [board] bureau in the manner
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1 provided for appeals from administrative agencies as provided in
2 [the act of June 4, 1945 (P.L.1388, No.442), known as the
3 "Administrative Agency Law."] 2 Pa.C.S. (relating to
4 administrative law and procedure).
5 Section 477.8. Emergency Awards.--(a) Notwithstanding the
6 provisions of sections 477.6 and 477.9 of this act, if it
7 appears to the [board member to whom a claim is assigned,]
8 bureau that such claim is one with respect to which an award
9 probably will be made, and undue hardship will result to the
10 claimant or claimants if immediate payment is not made, [such
11 board member] the bureau may make an emergency award to the
12 claimant or claimants pending a final decision in the case:
13 Provided, however, That the total amount of such emergency award
14 shall not exceed one thousand dollars ($1,000) per claim, the
15 amount of such emergency award shall be deducted from any final
16 award made to the claimant or claimants, and the excess of the
17 amount of such emergency award over the amount of the final
18 award, or the full amount of the emergency award if no final
19 award is made, shall be repaid by the claimant or claimants to
20 the [board] bureau.
21 (b) The [board member to whom a claim was originally
22 assigned] bureau may reconsider an emergency award at any time
23 prior to the final decision in the case and increase previous
24 orders for emergency compensation up to the overall limit of one
25 thousand dollars ($1,000) per claim.
26 (c) The bureau shall compute the total number and amount of
27 emergency awards given in each fiscal year for inclusion in the
28 annual report.
29 Section 8. Section 477.9 of the act, amended June 30, 1984
30 (P.L.458, No.96), December 11, 1986 (P.L.1490, No.155) and
19951H0103B0185 - 14 -
1 August 14, 1991 (P.L.331, No.35), is amended to read:
2 Section 477.9. Awards.--(a) No award shall be made unless
3 [the board or board member, as the case may be, finds] it is
4 determined by a preponderance of the evidence that:
5 (1) A crime was committed.
6 (2) The person injured or killed was a victim or intervenor
7 as defined in section 477.
8 (3) Such crime was promptly reported to the proper
9 authorities; and in no case may an award be made where the
10 record shows that such report was made more than seventy-two
11 hours after the occurrence of such crime unless the [board, for
12 good cause shown,] bureau finds the delay to have been justified
13 consistent with bureau regulation. The [board] bureau, upon
14 finding that any claimant, victim or intervenor has not fully
15 cooperated with all law enforcement agencies, may deny or
16 withdraw any award, as the case may be.
17 (b) Any award made pursuant to the provisions of this act
18 shall be in an amount not exceeding out-of-pocket loss, together
19 with loss of past, present or future earnings or support
20 resulting from such injury. In no case shall the total amount of
21 an award exceed thirty-five thousand dollars ($35,000).
22 (c) Any award made for loss of earnings or support shall,
23 unless reduced pursuant to other provisions of this act, be in
24 an amount equal to the actual loss sustained: Provided, however,
25 That no such award shall exceed the average weekly wage for all
26 persons covered by the act of December 5, 1936 (2nd Sp.Sess.,
27 1937 P.L.2897, No.1), known as the "Unemployment Compensation
28 Law," in Pennsylvania as determined annually by the Department
29 of Labor and Industry for each week of lost earnings or support:
30 And, provided further, That the aggregate award for such loss
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1 shall not exceed fifteen thousand dollars ($15,000) except that
2 in the case of death of a victim or intervenor, the aggregate
3 award shall not exceed twenty thousand dollars ($20,000).
4 (c.1) Where an order of restitution has been entered on
5 behalf of the victim, those amounts actually collected shall be
6 applied first to property losses incident to the crime and
7 secondly to personal injury losses as set forth in subsection
8 (f) of this section.
9 (c.2) Provisions of awards made pursuant to this or any
10 other act compensating or benefiting a victim or claimant as
11 defined by this act shall in no way affect the claimant or
12 victim's eligibility under public assistance or any other State
13 or federally created social benefit or assistance program.
14 (d) If there are two or more persons entitled to an award as
15 a result of the death of a victim or intervenor, the award shall
16 be apportioned among the claimants.
17 (e) Except for any payments or proceeds that are
18 specifically denominated as compensation for dismemberment or
19 loss of an eye, any award made pursuant to this act shall be
20 reduced by the amount of any payments received or to be received
21 by the claimant as a result of the injury (i) from or on behalf
22 of the person who committed the crime[,]; (ii) under any
23 insurance or health and welfare programs including those
24 mandated by law[,]; (iii) under any contract of insurance
25 wherein the claimant is the beneficiary[,]; (iv) from public
26 funds[, or]; (v) as an emergency award pursuant to section 477.8
27 of this act[,]; or (vi) under any pension program, including
28 those providing for disability or survivor's benefits.
29 (f) In determining the amount of an award, the [board or
30 board member, as the case may be,] bureau shall determine
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1 whether, because of his or her conduct, the victim or intervenor
2 contributed to the infliction of his injury.[, except where the
3 crime was rape in which case the conduct of the victim shall not
4 be considered, and the board or board member shall reduce the
5 amount of the award or deny the claim altogether in accordance
6 with such determination: Provided, however, That the board or
7 board member, as the case may be, may disregard for this purpose
8 the contribution of the intervenor to his own injury where the
9 record shows that such contribution was attributed to efforts by
10 an intervenor as set forth in section 477.] The bureau shall
11 reduce the amount or deny the claim altogether in accordance
12 with such determination.
13 Section 9. Sections 477.10, 477.11, 477.12 and 477.13 of the
14 act, added July 9, 1976 (P.L.574, No.139), are amended to read:
15 Section 477.10. Manner of Payment.--The award shall be paid
16 in a lump sum, except that in the case of death or protracted
17 disability the award may provide for periodic payments. No award
18 made pursuant to this act shall be subject to execution or
19 attachment other than for expenses resulting from the injury
20 which is the basis for the claim. All awards shall be paid by
21 the State Treasurer. An award shall not be considered as
22 compensation taxable as income under Article III, Personal
23 Income Tax, of the act of March 4, 1971 (P.L.6, No.2), known as
24 the "Tax Reform Code of 1971," added August 31, 1971 (P.L.362,
25 No.93). The [board] bureau shall reconsider, at least annually,
26 every award being paid in installments. The [board may] bureau
27 may reconsider a claim at any time and modify or rescind
28 previous orders for compensation based upon a change in
29 financial circumstances of a victim or one or more of his
30 surviving dependents.
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1 Section 477.11. Confidentiality of Records.--The record of a
2 proceeding before the [board or board member] bureau or a
3 hearing examiner shall be a public record: Provided, however,
4 That any record or report obtained by the [board or board
5 member] bureau or a hearing examiner, the confidentiality of
6 which is protected by any other law or regulation, shall remain
7 confidential subject to such law or regulation.
8 Section 477.12. Subrogation.--Payment of an award made
9 pursuant to this act shall subrogate the Commonwealth, to the
10 extent of such payment, to any right of action against any
11 person accruing to the claimant [or], the victim or the
12 intervenor to recover losses resulting from the crime with
13 respect to which the award is made. In such case, the
14 Commonwealth shall be entitled to bring an action against the
15 person or persons causing or otherwise liable for the personal
16 injuries or death for which said payment was made. Money
17 recovered under this section shall be deposited in the Crime
18 Victim's Compensation Fund.
19 If an amount greater than that paid pursuant to these
20 provisions is recovered and collected in such action, the
21 Commonwealth shall pay the balance to the claimant. The Attorney
22 General shall enforce any subrogation. A claimant who fails to
23 notify the bureau of the receipt of funds from any other claim
24 or award arising out of the crime shall forfeit and pay to the
25 Commonwealth an amount equal to all awards paid by the bureau to
26 the claimant or on the claimant's behalf.
27 Section 477.13. Restitution.--To the extent that restitution
28 is ordered pursuant to any other existing law, either prior to
29 or subsequent to the making of an award by [this board] the
30 bureau, such restitution shall be paid to the Commonwealth to
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1 the extent of the award by the [board] bureau.
2 Section 10. Section 477.15 of the act, amended August 14,
3 1991 (P.L.331, No.35), is amended to read:
4 Section 477.15. Costs.--(a) Any person who pleads guilty or
5 nolo contendere or who is convicted of any crime, as defined in
6 section 477 shall, in addition to costs imposed pursuant to 42
7 Pa.C.S. § 3571(c) (relating to Commonwealth portion of fines,
8 etc.), [be sentenced to] pay costs of at least thirty dollars
9 ($30), and may be sentenced to pay additional costs in an amount
10 up to the statutory maximum monetary penalty for the offense
11 committed.
12 (a.1) Any person placed in a diversionary program, as
13 defined in section 477, shall be required to pay costs of at
14 least thirty dollars ($30), in addition to costs imposed
15 pursuant to 42 Pa.C.S. § 3571(c).
16 (b) Fifteen dollars ($15) of the costs imposed under
17 subsections (a) and (a.1) plus thirty per centum of the costs
18 imposed under subsection (a) which exceed thirty dollars ($30)
19 shall be paid into a special nonlapsing fund, which is hereby
20 established, for use by the [Crime Victim's Compensation Board]
21 bureau for payment to victims and technical assistance.
22 (c) Fifteen dollars ($15) of the costs imposed under
23 subsections (a) and (a.1) plus seventy per centum of the costs
24 imposed under subsection (a) which exceed thirty dollars ($30)
25 shall be paid into a special nonlapsing fund, which is hereby
26 established, for use by the Commission on Crime and Delinquency
27 for victim-witness services grants and technical assistance in
28 nonvictim compensation related areas in accordance with this
29 section.
30 (d) This cost shall be imposed notwithstanding any other
19951H0103B0185 - 19 -
1 provision in this act or other act to the contrary.
2 (e) The district attorney, the [Crime Victim's Compensation
3 Board] bureau, the Commission on Crime and Delinquency or any
4 victim of a crime (as defined in section 477) shall have
5 standing to seek a mandamus order requiring the county to
6 collect the costs imposed by this section.
7 (f) No court order shall be necessary in order for the
8 defendant to incur liability for costs under this section. Costs
9 under this section must be paid in order for the defendant to be
10 eligible for probation, parole or accelerated rehabilitative
11 disposition.
12 Section 11. Section 477.17 of the act, amended June 30, 1984
13 (P.L.458, No.96), is amended to read:
14 Section 477.17. Responsibilities of State and Local Law
15 Enforcement Agencies.--(a) All State and local law enforcement
16 agencies shall insure that all of its officers and employes are
17 familiar with crime victim's compensation as provided for in
18 sections 477 through [477.17] 477.19 of this act. Instruction
19 concerning crime victim's compensation shall be made a part of
20 the training curriculum for all trainee officers.
21 (b) [Local] All State and local law enforcement agencies
22 shall [advise the victims of crimes reported to it], within
23 forty-eight hours of reporting, give notice to the victim or,
24 where appropriate, a member of the victim's family of the
25 availability of crime victim's compensation [as provided by this
26 act]. The term "victim" as used in this subsection shall be a
27 victim as defined by this act. The notice required under this
28 subsection shall be in writing and shall include the following
29 paragraph:
30 "If you have sustained [physical] injury as a direct
19951H0103B0185 - 20 -
1 result of a crime [of violence], including drunk driving, or
2 are legally dependent for support upon a person who has
3 sustained physical injury or death as a direct result of a
4 crime [of violence], or, in the event of a death caused by a
5 crime [of violence], you have legally assumed or voluntarily
6 paid the medical or burial expenses incurred as a direct
7 result thereof, or if you have sustained a loss of a primary
8 source of income, you may qualify for indemnification by the
9 [State] Commonwealth of Pennsylvania for the out-of-pocket
10 wages, other out-of-pocket losses, and medical or burial
11 expenses which you have incurred as a result of the crime.
12 Claims must be filed with the [Crime Victim's Compensation
13 Board] Bureau of Victims Services for the [State]
14 Commonwealth of Pennsylvania. For further information
15 regarding this program, please contact:
16 (Name, business address and telephone
17 number of the local law enforcement
18 agency)
19 or
20 [Crime Victim's Compensation Board
21 Office of General Counsel]
22 Bureau of Victims Services
23 (at the address of the bureau as
24 published from time to time in
25 the Pennsylvania Bulletin)
26 Harrisburg, Pennsylvania
27 Important: The statute provides that, absent certain
28 extenuating circumstances, a claimant has one year from the
29 date of the crime to file [his] a claim with the [Crime
30 Victim's Compensation Board] Bureau of Victims Services."
19951H0103B0185 - 21 -
1 (c) The written notification provided for in subsection (b)
2 shall be accompanied by one copy of the application form for
3 crime victim's compensation. [These] Application forms shall be
4 supplied by the [Crime Victim's Compensation Board to all]
5 bureau to all State and local law enforcement agencies. [The] A
6 record of the date [and address of all letters] of notification
7 shall be maintained by every State and local law enforcement
8 agency. The bureau shall maintain a mailing list of all police
9 departments and provide departments and the Pennsylvania State
10 Police with forms by which they can order additional claim
11 forms. The bureau shall also provide updates to police on
12 changes which affect their responsibilities under this act.
13 [(d) Any officer of a local law enforcement agency whose
14 duties include the investigation of crimes may notify victims or
15 their families of the availability of compensation under this
16 act by giving them a card or sheet bearing the paragraph as
17 quoted in subsection (b) above. A record of such personal notice
18 shall be maintained by the local law enforcement agency.
19 (e) In municipalities which do not have a local law
20 enforcement agency, the board shall by rule establish procedures
21 whereby it, together with the State Police, shall give the
22 notice to victims of crimes as provided in this section.]
23 Section 12. Section 477.18 of the act is repealed.
24 Section 13. Section 477.19 of the act, added December 11,
25 1986 (P.L.1490, No.155), is amended to read:
26 Section 477.19. Responsibilities of Service Providers and
27 Insurance Companies.--(a) Providers of services to victims,
28 including, but not limited to, doctors, hospitals, counselors
29 and insurance companies providing or liable for reimbursement to
30 victims or any other claimants, shall respond, in writing, to
19951H0103B0185 - 22 -
1 the [board's] bureau's request for confirmation or other
2 information under this act within thirty (30) days of receipt of
3 the [board's] bureau's request.
4 (b) Any provider of services or insurance company who fails
5 to respond within thirty (30) days of receipt of the request
6 shall be subject to a civil penalty of not more than [ten
7 dollars ($10)] fifty dollars ($50) per day, up to and including
8 the date of compliance.
9 (c) The office of district attorney of the county in which
10 the [provider is located or] crime occurred and the Attorney
11 General shall be charged with enforcement of this section.
12 Section 14. Section 479.1 of the act is amended by adding a
13 definition to read:
14 Section 479.1. Definitions.--The following words and phrases
15 when used in sections 479 through 479.11 shall have the meanings
16 given to them in this section unless the context clearly
17 indicates otherwise:
18 * * *
19 "Bureau" means the Bureau of Victims Services within the
20 Pennsylvania Commission on Crime and Delinquency.
21 * * *
22 Section 15. Section 479.3 of the act is amended by adding a
23 clause to read:
24 SECTION 1. SECTION 479.3 OF THE ACT OF APRIL 9, 1929 <--
25 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929, IS
26 AMENDED BY ADDING A CLAUSE TO READ:
27 Section 479.3. Basic Bill of Rights for Victims.--Victims of
28 crime have the following rights:
29 * * *
30 (7.2) Where the offender is subject to an order under 23
19951H0103B0185 - 23 -
1 Pa.C.S. Ch. 61 (relating to protection from abuse) and is
2 committed to a local correctional facility for a violation of
3 the order or for a personal injury crime against a victim
4 protected by the order, to receive immediate notice of the
5 release of the offender on bail.
6 * * *
7 Section 16 2. Section 479.8 of the act, amended March 9, <--
8 1995 (1st Sp.Sess., P.L. , No.2), is amended to read:
9 Section 479.8. Responsibilities of Department of
10 Corrections, Local Correctional Facilities and Board.--(a)
11 Within one year of the effective date of this act, the
12 Department of Corrections and the board shall develop
13 standardized forms regarding victim notification. The form shall
14 include the address where the form is to be sent. The Department
15 of Corrections shall develop a standardized form which may be
16 used by local correctional facilities. In the case of counties
17 with victim witness coordinators, the local correctional
18 facility shall perform its responsibilities under this section
19 in cooperation with the county's victim witness coordinator.
20 (b) Where the department and board have received notice of a
21 victim's desire to have input pursuant to section 479.3(7), the
22 appropriate agency shall notify the victim sufficiently in
23 advance of a pending release decision to extend an opportunity
24 for prior comment.
25 (b.1) Local correctional facilities notice to the victim
26 pursuant to section 479.3(7.2) shall occur immediately.
27 (c) The victim's prior comment may be oral or written and
28 shall be considered by the department or the board as to the
29 advisability of release and any conditions of release which may
30 be imposed.
19951H0103B0185 - 24 -
1 (d) Where the department or local correctional facility has
2 received notice of a victim's desire to receive notification
3 regarding escape of the offender, the superintendent of the
4 State correctional institution or warden of a local correctional
5 facility shall immediately notify the victim of the escape.
6 (e) Where the department or local correctional facility has
7 received notice of a victim's desire to receive notification as
8 provided for in section 479.3(8), the superintendent of the
9 State correctional institution or warden of a local correctional
10 facility shall notify the victim of the commitment of the
11 offender to a mental health facility and the location of the
12 facility within twenty-four hours of the commitment.
13 (f) All records maintained by the department, local
14 correctional facility and the board pertaining to victims shall
15 be kept separate, and current address, telephone number and any
16 other personal information of the victim and family members
17 shall be deemed confidential.
18 (g) The department, local correctional facility or the board
19 shall notify the victim of the final decision rendered, the date
20 of any release and relevant conditions imposed prior to the
21 release of the offender.
22 Section 17. (a) All personnel, allocations, appropriations, <--
23 equipment, supplies, records, contracts, obligations and other
24 materials which are used in connection with the powers, duties
25 or functions transferred by this act from the Crime Victim's
26 Compensation Board to the Bureau of Victims Services are
27 transferred with the same force and effect as if they had been
28 the personnel, allocations, appropriations, equipment, supplies,
29 records, contracts, obligations and materials of the Bureau of
30 Victims Services in the first instance.
19951H0103B0185 - 25 -
1 (b) All present employees of the Crime Victim's Compensation
2 Board whose powers, duties or functions are transferred under
3 subsection (a) shall be transferred to the Bureau of Victims
4 Services. All employees of the Crime Victim's Compensation Board
5 are to continue in their employment with the Bureau of Victims
6 Services with the same pay scales, salaries, seniority benefits,
7 pension rights and other incidents of employment, including
8 civil service status, as if this act had not been effective.
9 Section 18. Each regulation of the Crime Victim's
10 Compensation Board in effect on June 30, 1995, shall remain in
11 effect until it is repealed or amended by the Bureau of Victims
12 Services or until it terminates in accordance with its own
13 terms.
14 Section 19. The Pennsylvania Commission on Crime and
15 Delinquency shall in conjunction with the Crime Victim's
16 Compensation Board implement the transfer of functions under
17 this act from the Crime Victim's Compensation Board to the
18 Bureau of Victims Services.
19 Section 20. This act shall take effect as follows:
20 (1) The following provisions shall take effect July 1,
21 1995:
22 (i) The amendment of section 477.1 of the act.
23 (ii) Sections 17, 18 and 19 of this act.
24 (2) The amendment of sections 479.3 and 479.8 of the act
25 shall take effect in 180 days.
26 (3) The remainder of this act shall take effect
27 immediately.
28 SECTION 3. THIS ACT SHALL TAKE EFFECT IN 180 DAYS. <--
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