SENATE AMENDED
PRIOR PRINTER'S NOS. 564, 2891, 3026 PRINTER'S NO. 3990
No. 501 Session of 1997
INTRODUCED BY LYNCH, GRUPPO, BELARDI, MAYERNIK, JAMES,
E. Z. TAYLOR, BELFANTI, PISTELLA, TRAVAGLIO, JOSEPHS,
HERSHEY, CURRY, TRELLO, STEELMAN, ALLEN, SEMMEL, BROWNE,
RAMOS, PETTIT, WILT, STURLA, BAKER, DeLUCA, FICHTER,
SCRIMENTI, CAWLEY, GEORGE, STEVENSON, MILLER, READSHAW,
GEIST, HENNESSEY, SCHRODER, RUBLEY, JADLOWIEC, HUTCHINSON,
SAINATO, ROSS, SEYFERT, MASLAND, ROBERTS, FARGO, VAN HORNE,
A. H. WILLIAMS, C. WILLIAMS, NAILOR, McILHATTAN AND BARD,
FEBRUARY 12, 1997
SENATOR PICCOLA, AGING AND YOUTH, IN SENATE, AS AMENDED,
OCTOBER 6, 1998
AN ACT
1 Creating the Statewide Committee for the Protection of Senior <--
2 Citizens; and providing for powers and duties of the
3 committee.
4 ESTABLISHING THE SENIOR CITIZEN ADVISORY COMMITTEE; AND <--
5 PROVIDING FOR DUTIES OF COMMITTEE.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Short title.
9 This act shall be known and may be cited as the Statewide <--
10 Committee for the Protection of Senior Citizens Act. SENIOR <--
11 CITIZEN ADVISORY COMMITTEE ACT.
12 Section 2. Definitions. <--
13 The following words and phrases when used in this act shall
14 have the meanings given to them in this section unless the
15 context clearly indicates otherwise:
1 "Committee." The Statewide Committee for the Protection of
2 Senior Citizens established under section 3.
3 "Office." The Office of Attorney General of the
4 Commonwealth.
5 "Triad program." The triad cooperative model developed by
6 the American Association of Retired Persons, the National
7 Sheriffs' Association and the International Association of
8 Chiefs of Police which calls for the participation of the
9 sheriff, at least one police chief and a representative of at
10 least one senior citizens' organization within a county and may
11 include participation by general service coalitions of law
12 enforcement, victim service and senior citizen advocate
13 organizations. If there is not both a sheriff and a police chief
14 in a county or if the sheriff or a police chief does not
15 participate, a triad may include in the place of the sheriff or
16 police chief another key law enforcement official in the county
17 such as a district attorney.
18 Section 3. Establishment of committee.
19 There is hereby established within the Office of Attorney
20 General of the Commonwealth the Statewide Committee for the
21 Protection of Senior Citizens.
22 Section 4. Membership and operation of committee.
23 (a) Members.--The committee shall consist of 12 members, as
24 follows:
25 (1) The Attorney General of the Commonwealth, who shall
26 serve as presiding officer of the committee.
27 (2) The Secretary of Aging.
28 (3) The Commissioner of the Pennsylvania State Police.
29 (4) The presiding officer of the Crime Victim's
30 Compensation Board.
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1 (5) Two county sheriffs, to be appointed by the
2 Governor.
3 (6) Two municipal police chiefs, to be appointed by the
4 Governor.
5 (7) Two citizens at large both of whom shall be 65 years
6 of age or older, to be appointed by the Governor.
7 (8) Two district attorneys, to be appointed by the
8 Governor.
9 (b) Designees.--Except for members appointed under
10 subsection (a)(7), any member may be represented by a designee.
11 (c) Term.--Members of the committee appointed by the
12 Governor shall serve for a term of three years. A member may be
13 reappointed for additional terms.
14 (d) Cessation of participation.--A member of the committee
15 shall, immediately upon removal or retirement from the position
16 by virtue of which the member was eligible for appointment,
17 cease to be a member of the committee.
18 (e) Vacancies.--A member appointed to fill a vacancy created
19 other than by expiration of a term shall be appointed for the
20 unexpired term of the member whom he is to succeed in the same
21 manner as the original appointment.
22 (f) Reimbursement.--Members of the committee shall serve
23 without compensation, but may be reimbursed for necessary and
24 actual expenses incurred in attending meetings of the committee
25 and in the performance of their duties under this act.
26 (g) Removal.--Members of the committee may be removed by the
27 Governor for cause after written notice from the Governor.
28 (h) Meetings.--The committee shall meet as often as the
29 presiding officer deems necessary, but not less than twice per
30 year.
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1 Section 5. Powers and duties of committee.
2 The committee shall participate in the study and evaluation
3 of triad programs as an effective response to the problems of
4 crime against elderly persons. The committee may also consult
5 with experts, service providers and representative organizations
6 engaged in the protection of the elderly and may recommend the
7 development of triad programs in this Commonwealth to assist the
8 elderly to avoid criminal victimization through coordinated
9 efforts of State and local law enforcement agencies and
10 organizations which provide services for the elderly. The
11 committee may also recommend policies and programs to assist law
12 enforcement agencies in implementing triad programs, including
13 training and prevention standards and technical assistance. The
14 powers and duties of the committee shall include the following:
15 (1) Establishment of a Statewide and central
16 clearinghouse for education materials.
17 (2) Development of innovative community police programs
18 for the elderly.
19 (3) Providing assistance to the Municipal Police
20 Officers' Education and Training Commission in the
21 development and delivery of training to law enforcement
22 professionals, including, but not limited to, the subjects
23 of:
24 (i) crimes against the elderly and the protection of
25 elderly persons;
26 (ii) police sensitivity to the needs of elderly
27 persons as victims and witnesses; and
28 (iii) available social and human services relating
29 to crimes against elderly persons.
30 (4) Providing assistance to State and local law
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1 enforcement officials and to not-for-profit corporations and
2 organizations with respect to effective policies for and
3 responses to crimes against elderly persons.
4 (5) Promoting and facilitating cooperation among State
5 agencies and local units of government.
6 (6) Advocacy of services proven to be effective in the
7 protection of elderly persons and elderly victims of crime.
8 (7) Evaluating the relationship between crimes against
9 elderly persons and other problems confronting elderly
10 persons, and making recommendations for effective policy
11 response.
12 (8) Collection of statistical data and research.
13 Section 6. Regulations.
14 The Office of Attorney General may promulgate rules and
15 regulations necessary to carry out the purposes of this act.
16 Section 7. Effective date.
17 This act shall take effect in 60 days.
18 SECTION 2. DEFINITIONS. <--
19 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
20 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
21 CONTEXT CLEARLY INDICATES OTHERWISE:
22 "COMMISSION." THE PENNSYLVANIA COMMISSION ON CRIME AND
23 DELINQUENCY.
24 "COMMITTEE." THE SENIOR CITIZEN ADVISORY COMMITTEE
25 ESTABLISHED UNDER SECTION 3.
26 SECTION 3. SENIOR CITIZEN ADVISORY COMMITTEE.
27 (A) ESTABLISHMENT AND MEMBERSHIP.--
28 (1) THERE IS HEREBY ESTABLISHED THE SENIOR CITIZEN
29 ADVISORY COMMITTEE WITHIN THE PENNSYLVANIA COMMISSION ON
30 CRIME AND DELINQUENCY. THE MEMBERS OF THE COMMITTEE SHALL BE
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1 THE ATTORNEY GENERAL, THE SECRETARY OF AGING, THE VICTIM
2 ADVOCATE WITHIN THE BOARD OF PROBATION AND PAROLE AND SIX
3 MEMBERS APPOINTED BY THE GOVERNOR TO INCLUDE A COUNTY
4 SHERIFF, A MUNICIPAL POLICE CHIEF, AT LEAST ONE
5 REPRESENTATIVE FROM AN ORGANIZATION REPRESENTING SENIOR
6 CITIZENS, A REPRESENTATIVE OF A LOCAL VICTIMS' SERVICES
7 ORGANIZATION, REPRESENTATIVES OF UNITS OF LOCAL GOVERNMENT
8 AND OTHER ORGANIZATIONS, PUBLIC OR PRIVATE, WITH EXPERIENCE
9 IN CRIME PREVENTION, THE DELIVERY OF SERVICES TO VICTIMS OF
10 CRIME OR THE ELDERLY. THE CHAIRPERSON OF THE COMMISSION MAY
11 APPOINT UP TO FOUR ADDITIONAL MEMBERS, AS NECESSARY, WHO
12 SHALL SERVE AT THE PLEASURE OF THE CHAIRPERSON AND WHO SHALL
13 REPRESENT THE SUBSTANTIVE PLANNING EFFORTS OF THE COMMISSION.
14 (2) EXCEPT FOR THE ATTORNEY GENERAL, THE SECRETARY OF
15 AGING, THE VICTIM ADVOCATE AND THOSE MEMBERS APPOINTED BY THE
16 CHAIRPERSON OF THE COMMISSION, MEMBERS SHALL SERVE FOR A
17 FOUR-YEAR TERM AND MAY BE APPOINTED FOR NO MORE THAN ONE
18 ADDITIONAL CONSECUTIVE TERM. THE TERMS OF THOSE MEMBERS WHO
19 SERVE BY VIRTUE OF THE PUBLIC OFFICE THEY HOLD SHALL BE
20 CONCURRENT WITH THEIR SERVICE IN THE OFFICE FROM WHICH THEY
21 DERIVE THEIR MEMBERSHIP.
22 (B) NUMBER.--THE COMMITTEE SHALL CONSIST OF NOT MORE THAN 13
23 MEMBERS IN ACCORDANCE WITH SUBSECTION (A).
24 (C) CONDITIONS OF APPOINTMENT.--THE COMMITTEE AND ITS
25 MEMBERS ARE SUBJECT TO THE SAME LIMITATIONS AND CONDITIONS
26 IMPOSED UPON THE COMMISSION AS PRESCRIBED IN SECTION 2(D), (E),
27 (H), (M) AND (N) OF THE ACT OF NOVEMBER 22, 1978 (P.L.1166,
28 NO.274), REFERRED TO AS THE PENNSYLVANIA COMMISSION ON CRIME AND
29 DELINQUENCY LAW.
30 (D) VACANCIES.--A MEMBER APPOINTED BY THE GOVERNOR TO FILL A
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1 VACANCY CREATED OTHER THAN BY EXPIRATION OF TERM SHALL BE
2 APPOINTED FOR THE UNEXPIRED TERM OF THE MEMBER WHOM THAT PERSON
3 IS TO SUCCEED IN THE SAME MANNER AS THE ORIGINAL APPOINTMENT.
4 (E) QUORUM.--A MAJORITY OF THE MEMBERS SHALL CONSTITUTE A
5 QUORUM AND A VOTE OF THE MAJORITY OF THE MEMBERS PRESENT SHALL
6 BE SUFFICIENT FOR ALL ACTIONS.
7 (F) CHAIRPERSON.--THE ATTORNEY GENERAL SHALL SERVE AS
8 CHAIRPERSON OF THE COMMITTEE. A MEMBER OF THE COMMITTEE SHALL BE
9 DESIGNATED BY THE CHAIRPERSON OF THE COMMISSION AS VICE
10 CHAIRPERSON AND SHALL PRESIDE AT MEETINGS IN THE ABSENCE OF THE
11 CHAIRPERSON. THE TERM OF THE VICE CHAIRPERSON SHALL BE
12 CONCURRENT WITH THAT MEMBER'S SERVICE ON THE COMMITTEE.
13 (G) MEETINGS.--THE COMMITTEE SHALL MEET AT THE CALL OF THE
14 CHAIRPERSON, BUT NOT LESS THAN TWO TIMES PER YEAR.
15 (H) DESIGNEES.--THE ATTORNEY GENERAL, THE SECRETARY OF AGING
16 AND THE VICTIM ADVOCATE MAY BE REPRESENTED ON THE COMMITTEE BY
17 DESIGNEES.
18 (I) REIMBURSEMENT.--MEMBERS OF THE COMMITTEE SHALL SERVE
19 WITHOUT COMPENSATION, BUT MAY BE REIMBURSED FOR NECESSARY AND
20 REASONABLE EXPENSES INCURRED IN ATTENDING MEETINGS OF THE
21 COMMITTEE AND IN THE PERFORMANCE OF THEIR DUTIES UNDER THIS ACT.
22 SECTION 4. DUTIES OF THE SENIOR CITIZEN ADVISORY COMMITTEE.
23 THE COMMITTEE SHALL PERFORM THE FOLLOWING DUTIES:
24 (1) SERVE IN AN ADVISORY CAPACITY TO THE COMMISSION IN
25 THE DEVELOPMENT AND IMPLEMENTATION OF THAT PART OF THE
26 COMMISSION'S PLAN RELATING TO PREVENTING CRIME AGAINST SENIOR
27 CITIZENS AND TO PROVIDING SERVICES TO ELDERLY VICTIMS OF
28 CRIME.
29 (2) COORDINATE WITH THE COMMISSION'S COMMITTEES OR TASK
30 FORCES IN THE DEFINITION, DEVELOPMENT AND CORRELATION OF
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1 PROGRAMS AND PROJECTS AND IN THE ESTABLISHMENT OF PRIORITIES
2 FOR PREVENTING CRIME AGAINST SENIOR CITIZENS AND FOR
3 PROVIDING SERVICES TO ELDERLY VICTIMS OF CRIME.
4 (3) ADVISE THE COMMISSION IN THE COLLECTION OF RELEVANT
5 STATISTICAL DATA AND RESEARCH AS IT RELATES TO CRIMES AGAINST
6 SENIOR CITIZENS.
7 (4) ADVISE THE COMMISSION RELATIVE TO THE EVALUATION OF
8 THE RELATIONSHIP BETWEEN CRIMES AGAINST SENIOR CITIZENS AND
9 OTHER PROBLEMS CONFRONTING SENIOR CITIZENS AND MAKE
10 RECOMMENDATIONS FOR EFFECTIVE POLICY RESPONSE.
11 (5) UPON REQUEST, PROVIDE ASSISTANCE AND ADVICE TO THE
12 COMMISSION ON ANY OTHER MATTERS RELATING TO THE PREVENTION OF
13 CRIME AGAINST SENIOR CITIZENS AND TO THE PROVISION OF
14 SERVICES TO ELDERLY VICTIMS OF CRIME.
15 SECTION 5. STAFFING.
16 STAFF SUPPORT SHALL BE MADE AVAILABLE TO THE COMMITTEE BY THE
17 EXECUTIVE DIRECTOR OF THE COMMISSION IN ORDER TO ADEQUATELY
18 PERFORM THE DUTIES PROVIDED FOR UNDER THIS ACT.
19 SECTION 6. EFFECTIVE DATE.
20 THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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