SENATE AMENDED
PRIOR PRINTER'S NOS. 163, 171, 176, PRINTER'S NO. 201
189, 196
No. 126 Special Session No. 1 of 1995
INTRODUCED BY SCHRODER, E. Z. TAYLOR, STABACK, STRITTMATTER,
FARGO, S. H. SMITH, COLAIZZO, MILLER, SEMMEL, CLYMER, BUNT,
KENNEY, RAYMOND, BARLEY, STEELMAN, WAUGH, FICHTER, GANNON,
MERRY, DURHAM, CHADWICK, ROBINSON, VANCE, WALKO, STISH,
TRELLO, CLARK, DEMPSEY, FEESE, HERMAN, McGILL, BARD, RUBLEY,
OLIVER, GLADECK, CORNELL, B. SMITH, HERSHEY, STAIRS,
DiGIROLAMO, RYAN, PERZEL, EGOLF, D. W. SNYDER, PITTS, RAMOS,
FLICK AND YOUNGBLOOD, MAY 19, 1995
SENATOR TILGHMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, OCTOBER 23, 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
1 awards and subrogation, for crime victims' compensation
2 costs, for law enforcement responsibilities relating to crime
3 victims' compensation, for proceeds from crimes, for
4 responsibilities of employers, service providers and insurers <--
5 as to crime victims' compensation and for the Basic Bill of
6 Rights for Victims; imposing duties on the Department of
7 Corrections, the Pennsylvania Board of Probation and Parole
8 and the Department of Public Welfare; and providing for a
9 transfer of the functions of the Crime Victim's Compensation
10 Board to the Bureau of Victims Services.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Section 477 of the act of April 9, 1929 (P.L.177,
14 No.175), known as The Administrative Code of 1929, amended
15 August 14, 1991 (P.L.331, No.35), is amended to read:
16 Section 477. Definitions.--So far as it relates to the crime
17 victim's compensation provisions, the following terms shall be
18 defined as:
19 ["Board" means the Crime Victim's Compensation Board.]
20 "Bureau" means the Bureau of Victims Services in the
21 Pennsylvania Commission on Crime and Delinquency.
22 "Claimant" means the person filing a claim pursuant to this
23 act.
24 "Commission" means the Pennsylvania Commission on Crime and
25 Delinquency established under the act of November 22, 1978
26 (P.L.1166, No.274), referred to as the Pennsylvania Commission
27 on Crime and Delinquency Law.
28 "Crime" means an act, including an act resulting in injury
29 intentionally inflicted through the use of a motor vehicle,
30 which was committed:
31 (1) In Pennsylvania by a person without regard to legal
32 exemption or defense and which would constitute a crime only as
33 defined in, proscribed by or enumerated in:
34 (i) 18 Pa.C.S. (relating to crimes and offenses), 30 Pa.C.S.
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1 § 5502 (relating to operating watercraft under influence of
2 alcohol or controlled substance) or 5502.1 (relating to homicide
3 by watercraft while operating under influence) and 75 Pa.C.S. §
4 3731 (relating to driving under influence of alcohol or
5 controlled substance) or 3735 (relating to homicide by vehicle
6 while driving under influence);
7 (ii) the act of April 14, 1972 (P.L.233, No.64), known as
8 "The Controlled Substance, Drug, Device and Cosmetic Act"; or
9 (iii) the laws of the United States.
10 (2) Against a resident of Pennsylvania which would be a
11 crime under clause (1), but for its occurrence in a state other
12 than Pennsylvania.
13 "Diversionary program" means a program used to divert the
14 defendant to an alternative form of disposition under the
15 Pennsylvania Rules of Criminal Procedure or statutory authority
16 and includes those dispositions authorized by Rules 160, 176 and
17 314 of the Pennsylvania Rules of Criminal Procedure and sections
18 17 and 18 of the act of April 14, 1972 (P.L.233, No.64), known
19 as "The Controlled Substance, Drug, Device and Cosmetic Act."
20 "Family," when used in reference to a person, shall mean (i)
21 anyone related to such person within the third degree of
22 consanguinity or affinity, (ii) anyone maintaining a common-law
23 relationship with such person, or (iii) anyone residing in the
24 same household with such person.
25 "Injury" shall include physical or mental damages incurred as
26 a direct result of the crime and aggravation of existing
27 injuries if additional losses can be attributed to the direct
28 result of the crime. Compensation for mental damages shall be
29 limited to expenses incurred for psychological or psychiatric
30 services which became necessary as a direct result of the crime.
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1 "Intervenor" shall mean a person, other than a law <--
2 enforcement or correctional officer during the performance of
3 official duties, who goes to the aid of another and suffers
4 physical or mental injury or death as a direct result of acting
5 not recklessly to prevent the commission of a crime, or to
6 lawfully apprehend a person reasonably suspected of having
7 committed such crime, or to aid the victim of such crime.
8 "Local law enforcement agency" means a police department of a
9 city, borough, incorporated town or township.
10 "Loss of earnings," in addition to its ordinary meaning,
11 shall mean the loss of the cash equivalent of [one month's]
12 social security, railroad retirement, pension plan, retirement
13 plan, disability, veteran's retirement, court-ordered child
14 support or court-ordered spousal support [payment], where said
15 payment is the primary source of the victim's income and where
16 the victim is deprived of the money as a direct result of a
17 crime. In the case of social security, railroad retirement, <--
18 veteran's retirement, pension plan, disability, child support or
19 spousal support, loss shall not exceed one thousand five hundred
20 dollars ($1,500).
21 "Out-of-pocket loss" means the unreimbursed and
22 unreimbursable expenses or indebtedness incurred for medical
23 care, nonmedical remedial care and treatment rendered in
24 accordance with a religious method of healing as approved by the
25 board, or other services, including psychological counseling,
26 prosthetic devices, eyeglasses or other corrective lenses, or <--
27 dental devices, reasonably necessary as a result of the injury
28 upon which the claim is based and for which the claimant either
29 has paid or is liable, to include expenses for physical
30 examinations and materials used to obtain evidence. In no case
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1 shall property damages or compensation for pain and suffering be
2 included.
3 "Victim" shall mean a person against whom a crime has been
4 committed, other than the alleged offender or a law enforcement <--
5 or correctional officer during the performance of official
6 duties, who, as a direct result of the crime, suffers physical
7 or mental injury, death or the loss of earnings as herein
8 defined, and shall include a resident of Pennsylvania against
9 whom an act has been committed which otherwise would constitute
10 a crime as defined in this act but for its occurrence in a state
11 other than Pennsylvania and for which the person would otherwise
12 be compensated by the crime victim compensation program of the
13 state where the act occurred but for the ineligibility of such
14 program under the provisions of the Victim's of Crime Act of
15 1984 (42 U.S.C. § 10601, et seq.), as amended.
16 Section 2. Section 477.1 of the act, added July 9, 1976
17 (P.L.574, No.139), is amended to read:
18 Section 477.1. [Crime Victim's Compensation Board.--(a)
19 There is hereby created a departmental administrative board for
20 the administration of this act, which shall be known as the
21 Crime Victim's Compensation Board. Such board shall consist of
22 three members no more than two of whom shall belong to the same
23 political party, who shall be appointed by the Governor by and
24 with the consent of a majority of the Senate.
25 (b) The term of office of each member shall be six years,
26 except that the members first appointed shall serve for terms of
27 six years, four years and two years, respectively. Any member
28 appointed to fill a vacancy occurring otherwise than by
29 expiration of a term shall be appointed for the remainder of the
30 unexpired term.
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1 (c) Each member of the board shall be eligible for
2 reappointment and any member of the board may be removed by the
3 Governor for inefficiency, neglect of duty, or malfeasance in
4 office.
5 (d) The Governor shall designate one member of the board as
6 chairman thereof, to serve as such at the pleasure of the
7 Governor.
8 (e) The members of the board shall devote their full time
9 and capacity to their duties. The members of the board shall
10 receive an annual starting salary of twenty-five thousand
11 dollars ($25,000). Thereafter they shall receive an annual
12 salary to be fixed by the Executive Board of the Commonwealth
13 within the amount made available by appropriation. The chairman
14 shall receive five hundred dollars ($500) additional
15 compensation per annum.] Bureau of Victims Services.--(a) There
16 is hereby created within the Pennsylvania Commission on Crime
17 and Delinquency the Bureau of Victims Services. The bureau shall
18 be responsible for administrating ADMINISTERING sections 477 <--
19 through 477.22 as well as sections 479.4 and 479.5 of this act.
20 The Bureau of Victims Services shall also be responsible for the
21 disposition of all claims for victim compensation filed pursuant
22 to this act.
23 (b) A director of the bureau shall be appointed by the
24 chairman of the commission. The director shall be paid such
25 compensation as the executive board may determine.
26 (c) The director of the bureau may employ such personnel and
27 contract for such services as may be necessary and authorized to
28 carry out the purposes of the bureau.
29 Section 3. Section 477.1a of the act is repealed.
30 Section 4. Section 477.2 of the act, amended or added July
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1 9, 1976 (P.L.574, No.139) and June 30, 1984 (P.L.458, No.96), is
2 amended to read:
3 Section 477.2. Powers and Duties of [Board.--The board]
4 Bureau.--The bureau, subject to approval of the commission,
5 shall have the following powers and duties:
6 (a) To establish and maintain a principal office in or near
7 Harrisburg and such other offices within the Commonwealth as it
8 may deem necessary.
9 (b) To appoint [a secretary,] counsel, clerks], claims <--
10 verifiers, hearing officers and such other employes and agents
11 as it may deem necessary, fix their compensation within the
12 limits provided by law, and prescribe their duties.
13 (c) To adopt, promulgate, amend and rescind suitable rules
14 and regulations to carry out the provisions and purposes of this
15 act, including rules for the approval of attorney's fees for
16 representation before [the board] the bureau, a hearing examiner
17 or before the Commonwealth Court upon judicial review as
18 provided for in section 477.7 of this act. Awards of the
19 attorney's fees shall be in addition to awards made to victims.
20 Awards of attorney's fees shall in no case exceed fifteen per
21 centum of the award to the victim or victims. It shall be
22 unlawful for an attorney to contract for or receive any sum
23 larger than the amount allowed. Regulations under this
24 subsection shall include policies, procedures and standards of
25 review regarding claims for compensation; approval or denial of
26 claims, including contributory conduct by victims; verification
27 of information and documents; prioritization of review; and all
28 other matters related to the processing. Regulations shall be <--
29 developed in consultation with the Victims Services Advisory
30 Committee and the commission.
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1 (d) To request from the Pennsylvania State Police, from any
2 county, municipal or township police departments and agencies
3 and from any other State, municipal or township department or
4 agency, or public authority, and the same [are hereby authorized
5 to] shall provide such assistance and data as will enable the
6 [board] bureau to carry out its function and duties.
7 (e) To [hear and] determine all claims for awards filed with
8 the [board] bureau pursuant to this act, and to reinvestigate or
9 reopen cases as the [board] bureau deems necessary.
10 (f) To direct medical examinations of victims.
11 (g) To [hold hearings,] appoint hearing officers who shall
12 be authorized to administer oaths or affirmations, examine any
13 person under oath or affirmation and to issue subpoenas
14 requiring the attendance and giving of testimony of witnesses
15 and require the production of any books, papers, documentary or
16 other evidence. [The powers provided in this section may be
17 delegated by the board to any member thereof.] The EXCEPT WHERE <--
18 A CLAIM IS DETERMINED TO BE FRIVOLOUS, THE bureau shall
19 reimburse claimants for attending hearings, regardless of the
20 disposition of the claim, at the rate of twenty cents (20¢) per
21 mile and at the rate of twenty dollars ($20) for each day of
22 hearing.
23 (h) To take or cause to be taken affidavits or depositions
24 within or without the State.
25 (i) To render each year to the Governor and to the General
26 Assembly a written report of its activities. In its third annual
27 report and in every third annual report thereafter, the [board]
28 bureau, upon investigation and study, shall include its findings
29 and recommendations with respect to the limits on compensation[.
30 The investigation and study], whether or not an increase is
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1 being requested. The annual report shall include, but not be
2 limited to, a summary of an audit by the Auditor General or an
3 independent accounting firm of a statistically valid sample of
4 the amounts paid to [each person compensated] crime victims so
5 as to avoid duplications, other possible errors, or fraud. The
6 bureau shall formalize agreements with the Auditor General for
7 the provision of the annual audit.
8 (j) To arrange with the heads of other State agencies for
9 the performance of any of its functions under this act with or
10 without reimbursement and, with the approval of the Governor,
11 delegate and authorize the redelegation of any of its powers
12 under this act.
13 (k) To establish a program to assure extensive and
14 continuing publicity for the provisions relating to compensation
15 under this act, including information on the right to file a
16 claim, the scope of coverage, and procedures to be utilized
17 incident thereto. The bureau shall develop a written publicity <--
18 plan in conjunction with the Victims Services Advisory
19 Committee. The plan shall take into consideration geographic
20 areas of this Commonwealth which may require additional
21 publicity based on crime rates and claims filed from those
22 areas.
23 (k.1) To develop a program to certify not-for-profit victim
24 witness service providers located within a county. Certified
25 victim witness service providers shall be authorized to verify
26 claims for compensation totaling one thousand five hundred
27 dollars ($1,500) or less pursuant to procedures set forth by the
28 bureau for intake, verification and processing. If the certified
29 victim witness service provider approves a claim pursuant to
30 this clause based upon supporting documents and verification,
19951H0126B0201 - 9 -
1 the claim shall be deemed approved by the bureau and an award
2 granted. Awards deemed approved pursuant to this clause shall be
3 appealable in the same manner as claims verified and granted by
4 the bureau.
5 (l) To administer the Crime Victim's Compensation Fund,
6 created under section 477.15, for the payment of claims filed
7 under this act and for all reasonable and necessary
8 administrative expenses.
9 Section 5. Section 477.3 of the act, amended June 30, 1984
10 (P.L.458, No.96), December 11, 1986 (P.L.1485, No.153), December
11 11, 1986 (P.L.1490, No.155) and August 14, 1991 (P.L.331,
12 No.35), is amended to read:
13 Section 477.3. Persons Eligible for Compensation.--(a)
14 Except as provided in subsection (b) of this section, the
15 following persons shall be eligible for compensation:
16 (1) A victim. This clause shall not apply to a successor in <--
17 interest.
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 makes the payment.
28 (b) A person who is criminally responsible for the crime
29 upon which a claim is based or an accomplice of such person
30 shall not be eligible to receive compensation with respect to
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1 such claim. A member of the family of the person who committed
2 the crime shall not be eligible if the offender is living in the
3 same household as the victim and will substantially benefit from
4 the award. The Attorney General may sue the offender or the
5 victim or both to recover the award if the offender at any time
6 benefits from the award.
7 [(c) A person who is a resident of the United States,
8 including the District of Columbia, the Commonwealth of Puerto
9 Rico and all territories and possessions of the United States,
10 shall be eligible for compensation.]
11 (d) Where a crime results in death, the spouse, children,
12 parents or siblings of the victim, who reside within the same
13 household as the victim, shall be eligible for compensation for
14 the cost of psychological counseling and other reasonable out-
15 of-pocket losses which are deemed necessary as a direct result
16 of the criminal incident.
17 Section 6. Section 477.4 of the act, amended or added July
18 9, 1976 (P.L.574, No.139) and December 11, 1986 (P.L.1490,
19 No.155), is amended to read:
20 Section 477.4. Filing of Claims for Compensation.--(a) A
21 claim for compensation may be filed by a person eligible for
22 compensation, as provided in section 477.3 of this act, or, if
23 such person is a minor, by his parent or guardian, or if the
24 person entitled to make a claim is mentally incompetent, by his
25 guardian or such other individual authorized to administer his
26 estate.
27 (b) A claim must be filed not later than one year after the
28 occurrence of the crime upon which the claim is based, or not
29 later than one year after the death of the victim or intervenor:
30 Provided, however, That for good cause the board may extend the
19951H0126B0201 - 11 -
1 time for filing for a period not exceeding two years after such
2 occurrence. Where a victim is under the age of eighteen at the
3 time of the occurrence of the crime and the alleged offender is
4 the victim's parent or a person responsible for the victim's
5 welfare, or any individual residing in the same home as the
6 victim, or a paramour of the victim's parent, the [board] bureau
7 may, for good cause, extend the time for filing for a period not
8 exceeding five years after such occurrence. If a claim has been
9 filed but subsequently returned to the claimant for correction
10 or for additional verification or information, the date the
11 claim was first received by the bureau shall be the permanent
12 filing date for purposes of this subsection: Provided, however,
13 That the correction or additional verification or information
14 must be filed within six months of the date of return.
15 (c) Claims shall be filed in the office of the [secretary of
16 the board] bureau or by mail.
17 (d) Upon filing of a claim pursuant to this act, the [board]
18 bureau shall promptly notify the district attorney of the county
19 wherein the crime is alleged to have occurred. If, within ten
20 days after such notification, such district attorney advises the
21 [board] bureau that a criminal prosecution is pending upon the
22 same alleged crime and requests that action by the [board]
23 bureau be deferred, the [board] bureau shall defer all
24 proceedings under this act until such time as a trial verdict
25 has been rendered, and shall so notify such district attorney
26 and claimant. When a trial verdict has been rendered, such
27 district attorney shall promptly so notify the [board] bureau.
28 Nothing in this section shall limit the authority of the [board]
29 bureau to grant emergency awards pursuant to section 477.8 of
30 this act.
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1 Section 7. Sections 477.6, 477.7 and 477.8 of the act, added
2 July 9, 1976 (P.L.574, No.139), are amended to read:
3 Section 477.6. Determination of Claims.--(a) [A claim, when
4 accepted for filing, shall be assigned by the chairman to
5 himself or to another member of the board. All claims arising
6 from the death of an individual as a direct result of a single
7 crime, shall be considered together by a single board member.]
8 The bureau shall establish functional procedures for the intake,
9 verification and processing of claims. Regulations promulgated <--
10 regarding verification of claims shall take into consideration
11 the dollar amount of the claim in determining the extent to
12 which the claim must be verified.
13 (b) The [board member to whom such claim is assigned shall
14 examine the papers filed in support of the claim and shall
15 thereupon cause an investigation to be conducted into the
16 validity of the claim.] bureau shall review the claim and all
17 supporting documents and investigate the validity thereof. The
18 investigation shall include, but not be limited to, an
19 examination of police, court and official records and reports
20 concerning the crime and an examination of medical and hospital
21 reports relating to the injury upon which the claim is based.
22 The bureau may not request or review counseling notes of mental <--
23 health service providers. The bureau shall request an assessment
24 from the mental health service provider as to the extent the
25 service provided is needed as a direct result of the crime. THE <--
26 BUREAU MAY NOT REQUEST OR REVIEW COUNSELING NOTES OF MENTAL
27 HEALTH SERVICE PROVIDERS. THE BUREAU SHALL REQUEST AN ASSESSMENT
28 FROM THE MENTAL HEALTH SERVICE PROVIDER AS TO THE EXTENT THE
29 SERVICE PROVIDED IS NEEDED AS A DIRECT RESULT OF THE CRIME.
30 (c) Claims shall be investigated and determined, regardless
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1 of whether the alleged criminal has been apprehended or
2 prosecuted for or convicted of any crime based upon the same
3 incident, or has been acquitted, or found not guilty of the
4 crime in question owing to criminal responsibility or other
5 legal exemption or defense.
6 (d) [The board member to whom a claim is assigned may make
7 his recommendation regarding the claim on the basis of the
8 papers filed in support thereof and the report of the
9 investigation of the claim. If the board member is unable to
10 decide his recommendation upon the basis of the said papers and
11 report, he shall order a hearing. At the hearing any relevant
12 evidence, not legally privileged, shall be admissible.] The
13 bureau shall determine whether to grant an award, increase or
14 decrease an award or deny the claim based on the supporting
15 documents, the report of the investigation and staff
16 recommendations. If the bureau is unable to determine if a claim
17 is justified based upon the supporting documents, it may direct
18 a hearing before a hearing examiner designated by the
19 commission. At the hearing any relevant evidence not legally
20 privileged shall be admissible.
21 [(e) After examining the papers filed in support of the
22 claim and the report of investigation, and after a hearing, if
23 any, the board member to whom the claim was assigned shall make
24 a recommendation to the entire board either granting an award or
25 denying the claim.
26 (f) The entire board shall act upon the recommendation of
27 the board member. The board, by majority vote, may affirm,
28 increase, decrease or deny the award. No decision shall be valid
29 unless at least two members are in agreement on the decision.]
30 (g) The [secretary of the board] bureau shall promptly
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1 notify the claimant[, the Attorney General] and the State
2 Treasurer of the final decision of the [board and furnish each
3 with a copy of the report setting forth the decision] bureau.
4 (h) The bureau shall maintain complete records and histories
5 on all claims filed, supplemental awards paid to claimants,
6 claims status and third-party entitlements and recoveries.
7 Section 477.7. Judicial Review.--Within thirty days after
8 receipt of a copy of such report containing a final decision of
9 the [board] bureau, the claimant or the Attorney General may
10 appeal the final decision of the [board] bureau in the manner
11 provided for appeals from administrative agencies as provided in
12 [the act of June 4, 1945 (P.L.1388, No.442), known as the
13 "Administrative Agency Law."] 2 Pa.C.S. (relating to
14 administrative law and procedure).
15 Section 477.8. Emergency Awards.--(a) Notwithstanding the
16 provisions of sections 477.6 and 477.9 of this act, if it
17 appears to the [board member to whom a claim is assigned,]
18 bureau that such claim is one with respect to which an award
19 probably will be made, and undue hardship will result to the
20 claimant or claimants if immediate payment is not made, [such
21 board member] the bureau may make an emergency award to the
22 claimant or claimants pending a final decision in the case:
23 Provided, however, That the total amount of such emergency award
24 shall not exceed one thousand dollars ($1,000) per claim, the
25 amount of such emergency award shall be deducted from any final
26 award made to the claimant or claimants, and the excess of the
27 amount of such emergency award over the amount of the final
28 award, or the full amount of the emergency award if no final
29 award is made, shall be repaid by the claimant or claimants to
30 the [board] bureau.
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1 (b) The [board member to whom a claim was originally
2 assigned] bureau may reconsider an emergency award at any time
3 prior to the final decision in the case and increase previous
4 orders for emergency compensation up to the overall limit of one
5 thousand dollars ($1,000) per claim.
6 (c) The bureau shall compute the total number and amount of
7 emergency awards given in each fiscal year FOR INCLUSION IN THE <--
8 ANNUAL REPORT.
9 Section 8. Section 477.9 of the act, amended June 30, 1984
10 (P.L.458, No.96), December 11, 1986 (P.L.1490, No.155) and
11 August 14, 1991 (P.L.331, No.35), is amended to read:
12 Section 477.9. Awards.--(a) No award shall be made unless
13 [the board or board member, as the case may be, finds] it is
14 determined by a preponderance of the evidence that:
15 (1) A crime was committed.
16 (2) The person injured or killed was a victim or intervenor
17 as defined in section 477.
18 (3) Such crime was promptly reported to the proper
19 authorities; and in no case may an award be made where the
20 record shows that such report was made more than seventy-two
21 hours after the occurrence of such crime unless the [board, for
22 good cause shown,] bureau finds the delay to have been justified
23 consistent with bureau regulation. The [board] bureau, upon
24 finding that any claimant, victim or intervenor has not fully
25 cooperated with all law enforcement agencies, may deny or
26 withdraw any award, as the case may be.
27 (b) Any award made pursuant to the provisions of this act
28 shall be in an amount not exceeding out-of-pocket loss, together
29 with loss of past, present or future earnings or support
30 resulting from such injury. If the injury causes death, the <--
19951H0126B0201 - 16 -
1 award shall include a maximum of four thousand dollars ($4,000)
2 for out-of-pocket burial expenses. In no case shall the total
3 amount of an award exceed thirty-five thousand dollars
4 ($35,000).
5 (c) Any award made for loss of earnings or support shall,
6 unless reduced pursuant to other provisions of this act, be in
7 an amount equal to the actual loss sustained: Provided, however,
8 That no such award shall exceed the average weekly wage for all
9 persons covered by the act of December 5, 1936 (2nd Sp.Sess.,
10 1937 P.L.2897, No.1), known as the "Unemployment Compensation
11 Law," in Pennsylvania as determined annually by the Department
12 of Labor and Industry for each week of lost earnings or support:
13 And, provided further, That the aggregate award for such loss
14 shall not exceed fifteen thousand dollars ($15,000) except that
15 in the case of death of a victim or intervenor, the aggregate
16 award shall not exceed twenty thousand dollars ($20,000).
17 (c.1) Where an order of restitution has been entered on
18 behalf of the victim, those amounts actually collected shall be
19 applied first to property losses incident to the crime and
20 secondly to personal injury losses as set forth in subsection
21 (f) of this section.
22 (c.2) Provisions of awards made pursuant to this or any
23 other act compensating or benefiting a victim or claimant as
24 defined by this act shall in no way affect the claimant or
25 victim's eligibility under public assistance or any other State
26 or federally created social benefit or assistance program.
27 (d) If there are two or more persons entitled to an award as
28 a result of the death of a victim or intervenor, the award shall
29 be apportioned among the claimants.
30 (e) Except for any payments or proceeds that are
19951H0126B0201 - 17 -
1 specifically denominated as compensation for dismemberment or
2 loss of an eye, any award made pursuant to this act shall be
3 reduced by the amount of any payments received or to be received
4 by the claimant as a result of the injury (i) from or on behalf
5 of the person who committed the crime[,]; (ii) under any
6 insurance or health and welfare programs including those
7 mandated by law[,]; (iii) under any contract of insurance
8 wherein the claimant is the beneficiary[,]; except that in death <--
9 claims, the first five thousand dollars ($5,000) shall not be
10 included in the reduction computation; (iv) from public funds[, <--
11 [or] except for social security survivor and widow/widower <--
12 benefits paid for funeral expenses; (v) as an emergency award
13 pursuant to section 477.8 of this act[,]; or (vi) under any
14 pension program, including those providing for disability or
15 survivor's benefits.
16 (f) In determining the amount of an award, the [board or
17 board member, as the case may be,] bureau shall determine
18 whether, because of his or her conduct, the victim or intervenor
19 contributed to the infliction of his injury.[, except where the
20 crime was rape in which case the conduct of the victim shall not
21 be considered, and the board or board member shall reduce the
22 amount of the award or deny the claim altogether in accordance
23 with such determination: Provided, however, That the board or
24 board member, as the case may be, may disregard for this purpose
25 the contribution of the intervenor to his own injury where the
26 record shows that such contribution was attributed to efforts by
27 an intervenor as set forth in section 477.] The bureau shall
28 reduce the amount or deny the claim altogether in accordance
29 with such determination.
30 (g) Where the crime involved is rape or sexual assault, the <--
19951H0126B0201 - 18 -
1 conduct of the victim shall not be considered. Where the crime
2 involved is related to domestic violence, the conduct of the
3 victim shall not be considered unless the victim was the primary
4 aggressor.
5 (h) In determining the amount of an award to an intervenor,
6 the bureau may consider whether, because of his or her conduct,
7 the intervenor contributed to the infliction of his or her
8 injury. The bureau shall reduce the amount or deny the claim
9 altogether in accordance with such determination.
10 (i) A hospital or other licensed health care provider may
11 submit a claim for reimbursement for the cost of a forensic rape
12 examination, if the cost is not covered by insurance, upon
13 approval by the district attorney with jurisdiction of the rape
14 or sexual assault investigation and prosecution. In no event
15 shall the board pay an amount to exceed five hundred dollars
16 ($500) for a forensic rape examination and one hundred dollars
17 ($100) for medications directly related to the sexual assault or
18 rape. A sexual assault or rape victim need not be an applicant
19 for any other compensation pursuant to this act.
20 (G) WHERE THE CRIME INVOLVED IS RAPE OR SEXUAL ASSAULT, THE <--
21 CONDUCT OF THE VICTIM SHALL NOT BE CONSIDERED. WHERE THE CRIME
22 INVOLVED IS RELATED TO DOMESTIC VIOLENCE, THE CONDUCT OF THE
23 VICTIM SHALL NOT BE CONSIDERED UNLESS THE VICTIM WAS THE PRIMARY
24 AGGRESSOR.
25 (H) IN DETERMINING THE AMOUNT OF AN AWARD TO AN INTERVENOR,
26 THE BUREAU MAY CONSIDER WHETHER, BECAUSE OF HIS OR HER CONDUCT,
27 THE INTERVENOR CONTRIBUTED TO THE INFLICTION OF HIS OR HER
28 INJURY. THE BUREAU SHALL REDUCE THE AMOUNT OR DENY THE CLAIM
29 ALTOGETHER IN ACCORDANCE WITH SUCH DETERMINATION.
30 (I) A HOSPITAL OR OTHER LICENSED HEALTH CARE PROVIDER MAY
19951H0126B0201 - 19 -
1 SUBMIT A CLAIM FOR REIMBURSEMENT FOR THE COST OF A FORENSIC RAPE
2 EXAMINATION, IF THE COST IS NOT COVERED BY INSURANCE, UPON
3 APPROVAL BY THE DISTRICT ATTORNEY WITH JURISDICTION OF THE RAPE
4 OR SEXUAL ASSAULT INVESTIGATION AND PROSECUTION. IN NO EVENT
5 SHALL THE BUREAU PAY AN AMOUNT TO EXCEED FIVE HUNDRED DOLLARS
6 ($500) FOR A FORENSIC RAPE EXAMINATION AND ONE HUNDRED DOLLARS
7 ($100) FOR MEDICATIONS DIRECTLY RELATED TO THE SEXUAL ASSAULT OR
8 RAPE. A SEXUAL ASSAULT OR RAPE VICTIM NEED NOT BE AN APPLICANT
9 FOR ANY OTHER COMPENSATION PURSUANT TO THIS ACT.
10 Section 9. Sections 477.10, 477.11, 477.12 and 477.13 of the
11 act, added July 9, 1976 (P.L.574, No.139), are amended to read:
12 Section 477.10. Manner of Payment.--The award shall be paid
13 in a lump sum, except that in the case of death or protracted
14 disability the award may provide for periodic payments. No award
15 made pursuant to this act shall be subject to execution or
16 attachment other than for expenses resulting from the injury
17 which is the basis for the claim. All awards shall be paid by
18 the State Treasurer. An award shall not be considered as
19 compensation taxable as income under Article III, Personal
20 Income Tax, of the act of March 4, 1971 (P.L.6, No.2), known as
21 the "Tax Reform Code of 1971," added August 31, 1971 (P.L.362,
22 No.93). The [board] bureau shall reconsider, at least annually,
23 every award being paid in installments. The [board may] bureau
24 may reconsider a claim at any time and modify or rescind
25 previous orders for compensation based upon a change in
26 financial circumstances of a victim or one or more of his
27 surviving dependents.
28 Section 477.11. Confidentiality of Records.--The record of a
29 proceeding before the [board or board member] bureau or a
30 hearing examiner shall be a public record: Provided, however,
19951H0126B0201 - 20 -
1 That any record or report obtained by the [board or board
2 member] bureau or a hearing examiner, the confidentiality of
3 which is protected by any other law or regulation, shall remain
4 confidential subject to such law or regulation.
5 Section 477.12. Subrogation.--Payment of an award made
6 pursuant to this act shall subrogate the Commonwealth, to the
7 extent of such payment, to any right of action against any
8 person accruing to the claimant [or], the victim or the
9 intervenor to recover losses resulting from the crime with
10 respect to which the award is made. In such case, the
11 Commonwealth shall be entitled to bring an action against the
12 person or persons causing or otherwise liable for the personal
13 injuries or death for which said payment was made. Money
14 recovered under this section shall be deposited in the Crime
15 Victim's Compensation Fund.
16 If an amount greater than that paid pursuant to these
17 provisions is recovered and collected in such action, the
18 Commonwealth shall pay the balance to the claimant. The Attorney
19 General shall enforce any subrogation. A claimant who fails to
20 notify the bureau of the receipt of funds from any other claim
21 or award arising out of the crime shall forfeit and pay to the
22 Commonwealth an amount equal to all awards paid by the bureau to
23 the claimant or on the claimant's behalf.
24 Section 477.13. Restitution.--To the extent that restitution
25 is ordered pursuant to any other existing law, either prior to
26 or subsequent to the making of an award by [this board] the
27 bureau, such restitution shall be paid to the Commonwealth to
28 the extent of the award by the [board] bureau.
29 Section 10. Section 477.15 of the act, amended August 14,
30 1991 (P.L.331, No.35), is amended to read:
19951H0126B0201 - 21 -
1 Section 477.15. Costs.--(a) Any person who pleads guilty or
2 nolo contendere or who is convicted of any crime, as defined in
3 section 477 shall, in addition to costs imposed pursuant to 42
4 Pa.C.S. § 3571(c) (relating to Commonwealth portion of fines,
5 etc.), [be sentenced to] pay costs of at least thirty dollars
6 ($30), and may be sentenced to pay additional costs in an amount
7 up to the statutory maximum monetary penalty for the offense
8 committed.
9 (a.1) Any person placed in a diversionary program, as
10 defined in section 477, shall be required to pay costs of at
11 least thirty dollars ($30), in addition to costs imposed
12 pursuant to 42 Pa.C.S. § 3571(c).
13 (b) Fifteen dollars ($15) of the costs imposed under
14 subsections (a) and (a.1) plus thirty per centum of the costs
15 imposed under subsection (a) which exceed thirty dollars ($30)
16 shall be paid into a special nonlapsing fund, which is hereby
17 established, for use by the [Crime Victim's Compensation Board]
18 bureau for payment to victims and technical assistance.
19 (c) Fifteen dollars ($15) of the costs imposed under
20 subsections (a) and (a.1) plus seventy per centum of the costs
21 imposed under subsection (a) which exceed thirty dollars ($30)
22 shall be paid into a special nonlapsing fund, which is hereby
23 established, for use by the Commission on Crime and Delinquency
24 for victim-witness services grants and technical assistance in
25 nonvictim compensation related areas in accordance with this
26 section.
27 (d) This cost shall be imposed notwithstanding any other
28 provision in this act or other act to the contrary.
29 (e) The district attorney, the [Crime Victim's Compensation
30 Board] bureau, the Commission on Crime and Delinquency or any
19951H0126B0201 - 22 -
1 victim of a crime (as defined in section 477) shall have
2 standing to seek a mandamus order requiring the county to
3 collect the costs imposed by this section.
4 (f) No court order shall be necessary in order for the
5 defendant to incur liability for costs under this section. Costs
6 under this section must be paid in order for the defendant to be
7 eligible for probation, parole or accelerated rehabilitative
8 disposition.
9 Section 11. Section 477.17 of the act, amended June 30, 1984
10 (P.L.458, No.96), is amended to read:
11 Section 477.17. Responsibilities of State and Local Law
12 Enforcement Agencies.--(a) All State and local law enforcement
13 agencies shall insure that all of its officers and employes are
14 familiar with crime victim's compensation as provided for in
15 sections 477 through [477.17] 477.19 of this act. Instruction
16 concerning crime victim's compensation shall be made a part of
17 the training curriculum for all trainee officers.
18 (b) [Local] All State and local law enforcement agencies
19 shall [advise the victims of crimes reported to it], within
20 forty-eight hours of reporting, give notice to the victim or,
21 where appropriate, a member of the victim's family of the
22 availability of crime victim's compensation [as provided by this
23 act]. The term "victim" as used in this subsection shall be a
24 victim as defined by this act. The notice required under this
25 subsection shall be in writing and shall include the following
26 paragraph:
27 "If you have sustained [physical] injury as a direct
28 result of a crime [of violence], including drunk driving, or
29 are legally dependent for support upon a person who has
30 sustained physical injury or death as a direct result of a
19951H0126B0201 - 23 -
1 crime [of violence], or, in the event of a death caused by a
2 crime [of violence], you have legally assumed or voluntarily
3 paid the medical or burial expenses incurred as a direct
4 result thereof, or if you have sustained a loss of a primary
5 source of income, you may qualify for indemnification by the
6 [State] COMMONWEALTH of Pennsylvania for the out-of-pocket <--
7 wages, other out-of-pocket losses, and medical or burial
8 expenses which you have incurred as a result of the crime.
9 Claims must be filed with the [Crime Victim's Compensation
10 Board] Bureau of Victims Services for the [State] <--
11 COMMONWEALTH of Pennsylvania. For further information <--
12 regarding this program, please contact:
13 (Name, business address and telephone
14 number of the local law enforcement
15 agency)
16 or
17 [Crime Victim's Compensation Board
18 Office of General Counsel]
19 Bureau of Victims Services
20 (at the address of the bureau as
21 published from time to time in
22 the Pennsylvania Bulletin)
23 Harrisburg, Pennsylvania
24 Important: The statute provides that, absent certain
25 extenuating circumstances, a claimant has one year from the
26 date of the crime to file [his] a claim with the [Crime
27 Victim's Compensation Board] Bureau of Victims Services."
28 (c) The written notification provided for in subsection (b)
29 shall be accompanied by one copy of the application form for
30 crime victim's compensation. [These] Application forms shall be
19951H0126B0201 - 24 -
1 supplied by the [Crime Victim's Compensation Board to all]
2 bureau to all State and local law enforcement agencies. [The] A
3 record of the date [and address of all letters] of notification
4 shall be maintained by every State and local law enforcement
5 agency. The bureau shall maintain a mailing list of all police
6 departments and provide departments and the Pennsylvania State
7 Police with forms by which they can order additional claim
8 forms. The bureau shall also provide updates to police on
9 changes which affect their responsibilities under this act.
10 [(d) Any officer of a local law enforcement agency whose
11 duties include the investigation of crimes may notify victims or
12 their families of the availability of compensation under this
13 act by giving them a card or sheet bearing the paragraph as
14 quoted in subsection (b) above. A record of such personal notice
15 shall be maintained by the local law enforcement agency.
16 (e) In municipalities which do not have a local law
17 enforcement agency, the board shall by rule establish procedures
18 whereby it, together with the State Police, shall give the
19 notice to victims of crimes as provided in this section.]
20 Section 12. Section 477.18 of the act is repealed.
21 Section 13. Section 477.19 of the act, added December 11,
22 1986 (P.L.1490, No.155), is amended to read:
23 Section 477.19. Responsibilities of Employers, Service <--
24 Providers and Insurance Companies.--(a) [Providers] Employers <--
25 of victims and providers of services to victims, including, but
26 not limited to, doctors, hospitals, counselors and insurance
27 companies providing or liable for reimbursement to victims or
28 any other claimants, shall respond, in writing, to the [board's]
29 bureau's request for confirmation or other information under
30 this act within thirty (30) days of receipt of the [board's]
19951H0126B0201 - 25 -
1 bureau's request.
2 (b) Any employer, provider of services or insurance company <--
3 who fails to respond within thirty (30) days of receipt of the
4 request shall be subject to a civil penalty of not more than
5 [ten dollars ($10)] fifty dollars ($50) per day, up to and
6 including the date of compliance.
7 (c) The office of district attorney of the county in which
8 the [provider is located or] crime occurred and the Attorney
9 General shall be charged with enforcement of this section. The <--
10 county bringing the enforcement action may retain penalties for
11 the use of the county's victim/witness assistance program.
12 (d) The bureau shall develop a written outreach plan in
13 conjunction with the Victims Services Advisory Committee of the
14 commission. The plan shall provide for ongoing contact with
15 service providers, employers and insurance companies to explain
16 the bureau, the services the bureau provides to victims and the
17 need for verification. The outreach plan shall provide for
18 direct contact by the bureau whenever possible.
19 Section 14. The act is amended by adding sections to read:
20 Section 477.21. Victims Services Advisory Committee.--(a)
21 There is hereby established the Victims Services Advisory
22 Committee within the Pennsylvania Commission on Crime and
23 Delinquency. The members of the committee shall be appointed by
24 the Governor and shall include representation of victims,
25 Statewide victims' coalitions, prosecution based victim/witness
26 programs, and other victim service or victim advocacy
27 organizations, the courts, members of local government and other
28 victims' organizations or organizations involved in the
29 coordination or delivery of services to victims. A district
30 attorney shall also be a member of the committee. The Secretary
19951H0126B0201 - 26 -
1 of Public Welfare, the Secretary of Aging, the Secretary of
2 Corrections or their designees shall also be members of the
3 committee. The Commissioner of the Pennsylvania State Police
4 shall also be a member of the committee. The Victim Advocate
5 within the Board of Probation and Parole shall also be a member
6 of the committee. Members other than the Victim Advocate and the
7 Secretaries of the member State agencies shall serve for four-
8 year terms, and may be appointed for no more than one additional
9 consecutive term.
10 (b) The committee shall consist of fifteen members.
11 (c) The committee and its members are subject to the same
12 limitations and conditions imposed upon the commission as
13 prescribed in section 2 of the act of November 22, 1978
14 (P.L.1166, No.274), referred to as the Pennsylvania Commission
15 on Crime and Delinquency Law.
16 (d) A majority of the members shall constitute a quorum and
17 a vote of the majority of the members present shall be
18 sufficient for all actions.
19 (e) The Governor shall appoint a chairman from among the
20 members of the committee who shall serve at the pleasure of the
21 Governor. A vice chairman shall be designated by the chairman
22 and preside at meetings in the absence of the chairman. The
23 committee shall meet at the call of the chairman, but no fewer
24 than four times a year.
25 Section 477.22. Powers and Duties of the Victims Services
26 Advisory Committee.--The Victims Services Advisory Committee
27 shall have the power, and its duty shall be:
28 (1) To serve in an advisory capacity to the commission,
29 including the Bureau of Victims Compensation through the
30 committee's participation in the development of that part of the
19951H0126B0201 - 27 -
1 commission's plan relating to victims' services and
2 compensation.
3 (2) Those functions related to the direct approval and
4 disbursement of financial assistance shall be in an advisory
5 capacity only but the advisory committee shall have the
6 opportunity to review and comment on such applications OTHER <--
7 THAN APPLICATIONS FOR CLAIMS FOR COMPENSATION PURSUANT TO
8 SECTIONS 477.4 AND 477.8 within thirty (30) days after receipt
9 of the application from the commission.
10 (3) To advise the commission on the definition, development
11 and correlation of programs and projects and the establishment
12 of priorities for victims' services and compensation.
13 (4) To develop standards, methods and procedures for
14 evaluating and monitoring victims' services.
15 (5) Upon request to provide whatever assistance and advice
16 to the commission on any other matters relating to victims'
17 services and compensation.
18 (6) Staff support shall be made available to the Victims
19 Services Advisory Committee by the executive director of the
20 commission and the executive director of the Bureau of Victims
21 Services in order to adequately perform the duties provided for
22 in this section.
23 Section 15. Section 479.1 of the act is amended by adding a
24 definition to read:
25 Section 479.1. Definitions.--The following words and phrases
26 when used in sections 479 through 479.11 shall have the meanings
27 given to them in this section unless the context clearly
28 indicates otherwise:
29 * * *
30 "Bureau" means the Bureau of Victims Services within the
19951H0126B0201 - 28 -
1 Pennsylvania Commission on Crime and Delinquency.
2 * * *
3 Section 16. (a) All personnel, allocations, appropriations,
4 equipment, supplies, records, contracts, obligations and other
5 materials which are used in connection with the powers, duties
6 or functions transferred by this act from the Crime Victim's
7 Compensation Board to the Bureau of Victims Services are
8 transferred with the same force and effect as if they had been
9 the personnel, allocations, appropriations, equipment, supplies,
10 records, contracts, obligations and materials of the Bureau of
11 Victims Services in the first instance.
12 (b) (1) All present employees of the Crime Victim's
13 Compensation Board whose powers, duties or functions are
14 transferred under subsection (a) shall be transferred to the
15 Bureau of Victims Services.
16 (2) Except as provided in paragraph (3), all ALL <--
17 employees of the Crime Victim's Compensation Board are to
18 continue in their employment with the Bureau of Victims
19 Services with the same pay scales, salaries, seniority
20 benefits, pension rights and other incidents of employment,
21 including civil service status, as if this act had not been
22 effective.
23 (3) The director of the Bureau of Victims Services, any <--
24 deputy and any hearing examiner shall not qualify for or be
25 entitled to any civil service status or protection.
26 Section 17. Each regulation of the Crime Victim's
27 Compensation Board in effect on June 30, 1995 DECEMBER 31, 1995, <--
28 shall remain in effect until it is repealed or amended by the
29 Bureau of Victims Services or until it terminates in accordance
30 with its own terms.
19951H0126B0201 - 29 -
1 Section 18. The Pennsylvania Commission on Crime and
2 Delinquency shall in conjunction with the Crime Victim's
3 Compensation Board implement the transfer of functions under
4 this act from the Crime Victim's Compensation Board to the
5 Bureau of Victims Services.
6 Section 19. This act shall take effect as follows: <--
7 (1) The following provisions shall take effect July 1, <--
8 1995 JANUARY 1, 1996: <--
9 (i) The amendment of section 477.1 of the act.
10 (ii) Sections 16, 17 and 18 of this act.
11 (2) The remainder of this act shall take effect
12 immediately.
13 SECTION 19. THIS ACT SHALL TAKE EFFECT JANUARY 1, 1996. <--
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