HOUSE AMENDED
PRIOR PRINTER'S NOS. 902, 1095 PRINTER'S NO. 2323
No. 807 Session of 2001
INTRODUCED BY PICCOLA, EARLL, GREENLEAF, JUBELIRER, COSTA,
BOSCOLA, SCHWARTZ, M. WHITE, TOMLINSON, BELL, LOGAN, PUNT,
DENT, THOMPSON, STOUT, HOLL, ARMSTRONG, O'PAKE, SCARNATI,
ROBBINS, GERLACH, STACK AND ORIE, APRIL 23, 2001
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 22, 2002
AN ACT
1 Amending the act of November 24, 1998 (P.L.882, No.111),
2 entitled "An act providing for victims' rights; imposing
3 penalties; establishing remedies; establishing the Office of
4 Victim Advocate, the Bureau of Victims' Services, the
5 Victims' Services Advisory Committee, the State Offender
6 Supervision Fund and other funds; and making repeals,"
7 further providing for definitions, for responsibilities of <--
8 State and local law enforcement agencies and for powers and
9 duties of bureau; amending provisions relating to
10 compensation; and further providing for establishment of
11 basic services for victims of crime. FURTHER PROVIDING FOR <--
12 AWARDS.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Sections 103 and 212 of the act of November 24, <--
16 1998 (P.L.882, No.111), known as the Crime Victims Act, amended
17 October 30, 2000 (P.L.641, No.86), are amended to read:
18 Section 103. 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:
1 "Adult." Any of the following:
2 (1) An individual charged with a crime who is 18 years
3 of age or older.
4 (2) An individual who is subject to criminal court
5 jurisdiction following the transfer of a case to criminal
6 proceedings.
7 (3) An individual who is subject to criminal court
8 jurisdiction after having been charged with a crime excluded
9 from the definition of "delinquent act" pursuant to 42
10 Pa.C.S. § 6302 "delinquent act" (2)(i), (ii), (iii) or (v)
11 (relating to definitions).
12 "Board." The Pennsylvania Board of Probation and Parole.
13 "Bureau." The Bureau of Victims' Services in the
14 Pennsylvania Commission on Crime and Delinquency.
15 "Claimant." The person filing a claim under Chapter 7.
16 "Commission." The Pennsylvania Commission on Crime and
17 Delinquency.
18 "Committee." The Victims' Services Advisory Committee
19 established in section 321.
20 "Crime." An act[, including an act resulting in injury
21 intentionally inflicted through the use of a motor vehicle,]
22 which was committed:
23 (1) In this Commonwealth by a person, including a
24 juvenile, without regard to legal exemption or defense which
25 would constitute a crime under:
26 (i) the act of April 14, 1972 (P.L.233, No.64),
27 known as The Controlled Substance, Drug, Device and
28 Cosmetic Act;
29 (ii) 18 Pa.C.S. (relating to crimes and offenses),
30 30 Pa.C.S. § 5502 (relating to operating watercraft under
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1 influence of alcohol or controlled substance) or 5502.1
2 (relating to homicide by watercraft while operating under
3 influence) and 75 Pa.C.S. § 3731 (relating to driving
4 under influence of alcohol or controlled substance), 3732
5 (relating to homicide by vehicle), 3735 (relating to
6 homicide by vehicle while driving under influence),
7 3735.1 (relating to aggravated assault by vehicle while
8 driving under the influence) or 3742 (relating to
9 accidents involving death or personal injury); or
10 (iii) the laws of the United States.
11 (2) Against a resident of this Commonwealth which would
12 be a crime under paragraph (1) but for its occurrence in a
13 [state] location other than this Commonwealth.
14 (3) Against a resident of this Commonwealth which is an
15 act of international terrorism.
16 "Department." The Department of Corrections of the
17 Commonwealth.
18 "Direct victim." An individual against whom a crime has been
19 committed or attempted and who as a direct result of the
20 criminal act or attempt suffers physical or mental injury, death
21 or the loss of earnings under this act. The term shall not
22 include the alleged offender. The term includes a resident of
23 this Commonwealth against whom an act has been committed or
24 attempted which otherwise would constitute a crime as defined in
25 this act but for its occurrence in a [state] location other than
26 this Commonwealth and for which the [person] individual would
27 otherwise be compensated by the crime victim compensation
28 program of the [state] location where the act occurred but for
29 the ineligibility of such program under the provisions of the
30 Victims of Crime Act of 1984 (Public Law 98-473, 42 U.S.C. §
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1 10601 et seq.).
2 "Dispositional proceeding." A proceeding which occurs in
3 open common pleas court which potentially could dispose of the
4 case. The term includes Accelerated Rehabilitative Disposition,
5 pleas, trial and sentence.
6 "Diversionary program." A program which is used to divert
7 the defendant to an alternative form of disposition under the
8 Pennsylvania Rules of Criminal Procedure or statutory authority.
9 The term includes dispositions authorized by Rules 160, 176 and
10 314 of the Pennsylvania Rules of Criminal Procedure and sections
11 17 and 18 of the act of April 14, 1972 (P.L.233, No.64), known
12 as The Controlled Substance, Drug, Device and Cosmetic Act.
13 "Family." When used in reference to an individual:
14 (1) anyone related to that individual within the third
15 degree of consanguinity or affinity;
16 (2) anyone maintaining a common-law relationship with
17 that individual; or
18 (3) anyone residing in the same household with that
19 individual.
20 "Injury." Includes physical or mental damages incurred as a
21 direct result of the crime and aggravation of existing injuries
22 if additional losses can be attributed to the direct result of
23 the crime. [Compensation for mental damages is limited to
24 expenses incurred for psychological or psychiatric services
25 which became necessary as a direct result of the crime.]
26 "International terrorism." Activities which meet all of the
27 following:
28 (1) Involve violent acts or acts dangerous to human life
29 that are a violation of the criminal laws of the United
30 States or of any state or that would be a criminal violation
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1 if committed within the jurisdiction of the United States or
2 of any state.
3 (2) Appear to be intended:
4 (i) to intimidate or coerce a civilian population;
5 (ii) to influence the policy of a government by
6 intimidation or coercion; or
7 (iii) to affect the conduct of a government by
8 assassination or kidnapping.
9 (3) Occur primarily outside of the territorial
10 jurisdiction of the United States or transcend national
11 boundaries in terms of the means by which they are
12 accomplished, the persons they appear intended to intimidate
13 or coerce or the locale in which their perpetrators operate
14 or seek asylum.
15 "Intervenor." An individual who goes to the aid of another
16 and suffers physical or mental injury or death as a direct
17 result of acting not recklessly to prevent the commission of a
18 crime, to lawfully apprehend a person reasonably suspected of
19 having committed such crime or to aid the victim of such crime.
20 "Juvenile." An individual who is alleged or has been
21 determined to be a "delinquent child" as defined in 42 Pa.C.S. §
22 6302 (relating to definitions).
23 "Law enforcement agency." The Pennsylvania State Police and
24 a local law enforcement agency.
25 "Local correctional facility." A jail, prison or detention
26 facility operated by a county or jointly by more than one county
27 and used for the confinement of individuals for safe custody.
28 The term does not include any facility used for the detention or
29 confinement of juveniles.
30 "Local law enforcement agency." A police department of a
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1 city, borough, incorporated town or township.
2 "Loss of earnings." Includes the loss of the cash equivalent
3 of one month's worth of Social Security, railroad retirement,
4 pension plan, retirement plan, disability, veteran's retirement,
5 court-ordered child support or court-ordered spousal support
6 [payment if the payment is] payments if the payments are the
7 primary source of the victim's income and the victim is deprived
8 of [the] money as a direct result of a crime.
9 "Office." The Office of Victim Advocate established in
10 section 302.
11 "Out-of-pocket loss." [The unreimbursed and unreimbursable
12 expenses or indebtedness incurred for medical care, nonmedical
13 remedial care and treatment rendered in accordance with a
14 religious method of healing as approved by the board, or other
15 services. The term includes psychological counseling, prosthetic
16 devices, eyeglasses or other corrective lenses and dental
17 devices reasonably necessary as a result of the injury upon
18 which the claim is based and for which the claimant either has
19 paid or is liable. The term includes expenses for physical
20 examinations and materials used to obtain evidence. The term
21 does not include property damage or pain and suffering.] The
22 term includes the following losses which shall be reimbursed at
23 a rate set by the bureau:
24 (1) expenses for unreimbursed and unreimbursable
25 expenses or indebtedness incurred for medical care,
26 nonmedical remedial care and treatment as approved by the
27 bureau or other services;
28 (2) expenses for psychological counseling, prosthetic
29 devices, wheelchairs, canes, walkers, hearing aids,
30 eyeglasses or other corrective lenses or dental devices
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1 reasonably necessary as a result of the crime upon which the
2 claim is based and for which the claimant either has paid or
3 is liable;
4 (3) expenses related to the reasonable and necessary
5 costs of cleaning the crime scene of a private residence.
6 "Cleaning" means to remove or attempt to remove stains or
7 blood caused by the crime, or other dirt or debris caused by
8 the processing of the crime scene;
9 (4) expenses resulting from the temporary or permanent
10 relocation of a direct victim and individuals residing in the
11 household of the direct victim due to the incident forming
12 the basis of the victim's claim, when there is an immediate
13 need to protect the safety and health of the victim and
14 individuals residing in the household, as verified by a
15 medical provider, human services provider or law enforcement;
16 (5) expenses for physical examinations and materials
17 used to obtain evidence; or
18 (6) other reasonable expenses which are deemed necessary
19 as a direct result of the criminal incident.
20 Except as otherwise provided, the term does not include property
21 damage or pain and suffering.
22 "Personal injury crime." An act, attempt or threat to commit
23 an act which would constitute a misdemeanor or felony under the
24 following:
25 18 Pa.C.S. Ch. 25 (relating to criminal homicide).
26 18 Pa.C.S. Ch. 27 (relating to assault).
27 18 Pa.C.S. Ch. 29 (relating to kidnapping).
28 18 Pa.C.S. Ch. 31 (relating to sexual offenses).
29 18 Pa.C.S. § 3301 (relating to arson and related
30 offenses).
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1 18 Pa.C.S. Ch. 37 (relating to robbery).
2 18 Pa.C.S. Ch. 49 Subch. B (relating to victim and
3 witness intimidation).
4 30 Pa.C.S. § 5502.1 (relating to homicide by watercraft
5 while operating under influence).
6 75 Pa.C.S. § 3731 (relating to driving under influence of
7 alcohol or controlled substance) in cases involving bodily
8 injury.
9 75 Pa.C.S. § 3732 (relating to homicide by vehicle).
10 75 Pa.C.S. § 3735 (relating to homicide by vehicle while
11 driving under influence).
12 75 Pa.C.S. § 3735.1 (relating to aggravated assault by
13 vehicle while driving under the influence).
14 75 Pa.C.S. § 3742 (relating to accidents involving death
15 or personal injury).
16 The term includes violations of any protective order issued as a
17 result of an act related to domestic violence.
18 "Preadjudication disposition." Any of the following:
19 (1) Disposition of an adult without a trial. This
20 paragraph includes accelerated rehabilitative disposition.
21 (2) Disposition of a juvenile prior to an adjudication
22 of delinquency under 42 Pa.C.S. Ch. 63 (relating to juvenile
23 matters), including informal adjustment as set forth in 42
24 Pa.C.S. § 6323 (relating to informal adjustment), and consent
25 decree as set forth in 42 Pa.C.S. § 6340 (relating to consent
26 decree).
27 "Prosecutor's office." The Office of Attorney General or the
28 office of a district attorney of a county.
29 "Victim." The term means the following:
30 (1) A direct victim.
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1 (2) A parent or legal guardian of a child who is a
2 direct victim, except when the parent or legal guardian of
3 the child is the alleged offender.
4 (3) A minor child who is a material witness to any of
5 the following crimes and offenses under 18 Pa.C.S. (relating
6 to crimes and offenses) committed or attempted against a
7 member of the child's family:
8 Chapter 25 (relating to criminal homicide).
9 Section 2702 (relating to aggravated assault).
10 Section 3121 (relating to rape).
11 (4) A family member of a homicide victim, including
12 stepbrothers or stepsisters, stepchildren, stepparents or a
13 fiance, one of whom is to be identified to receive
14 communication as provided for in this act, except where the
15 family member is the alleged offender.
16 "Victim advocate." The victim advocate in the Office of
17 Victim Advocate within the Pennsylvania Board of Probation and
18 Parole.
19 Section 212. Responsibilities of State and local law
20 enforcement agencies.
21 (a) Training.--A law enforcement agency shall insure that
22 all of its officers and employees are familiar with crime
23 victims' compensation as provided for in Chapter 7. Instruction
24 concerning crime victims' compensation shall be made a part of
25 the training curriculum for all trainee officers.
26 (b) Notice.--
27 (1) Law enforcement agencies shall within 48 hours of
28 reporting give notice to the direct victim or, if
29 appropriate, a member of the direct victim's family of the
30 availability of crime victims' compensation. The notice
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1 required under this subsection shall be in writing [and shall
2 include the following paragraph:
3 If you have sustained injury as a direct result of a
4 crime, including drunk driving, or are legally dependent
5 for support upon a person who has sustained physical
6 injury or death as a direct result of a crime or, in the
7 event of a death caused by a crime, you have legally
8 assumed or voluntarily paid the medical or burial
9 expenses incurred as a direct result thereof or if you
10 have sustained a loss of a primary source of income, you
11 may qualify for indemnification by the Commonwealth of
12 Pennsylvania for the out-of-pocket wages, other out-of-
13 pocket losses and medical or burial expenses which you
14 have incurred as a result of the crime. Claims must be
15 filed with the Bureau of Victims' Services for the
16 Commonwealth of Pennsylvania. For further information
17 regarding this program, please contact:
18 (Name, business address and telephone
19 number of the local law enforcement
20 agency)
21 or
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
29 the date of the crime to file a claim with the Bureau of
30 Victims' Services.] and in a manner and form developed by
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1 the bureau.
2 (2) Law enforcement agencies shall provide basic
3 information on the rights and services available for crime
4 victims. The information shall be in writing and shall be
5 provided to the victim within 24 hours of the law enforcement
6 agency's first contact with the victim in a manner and form
7 to be developed by the bureau.
8 (c) Application.--The written notification provided for in
9 subsection [(b)] (b)(1) shall be accompanied by one copy of the
10 application form for crime victims' compensation. Application
11 forms shall be supplied by the bureau to law enforcement
12 agencies. A record of the date of notification shall be
13 maintained by the law enforcement agency. The bureau shall
14 maintain a mailing list of all local law enforcement agencies
15 and provide law enforcement agencies with forms by which they
16 can order additional claim forms. The bureau shall also provide
17 updates to law enforcement agencies on changes which affect
18 their responsibilities under this act.
19 [(d) Information.--Law enforcement agencies are responsible
20 for providing basic information on services available for crime
21 victims. The information shall be in writing and shall be
22 provided to the victim within 24 hours of the law enforcement
23 agency's first contact with the victim in a form to be developed
24 by the commission.]
25 (e) Forms.--The form developed by the [commission] bureau
26 shall be attached to the police report and shall include a
27 victim checkoff signifying that the information has been
28 provided to the crime victim.
29 (f) Notice in personal injury crimes.--
30 (1) In personal injury crimes, the law enforcement
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1 agency shall make reasonable efforts to notify the victim of
2 the arrest of the suspect and of the filing or forwarding of
3 a complaint relating to the crime as soon as possible. Unless
4 the victim cannot be located, notice of the arrest shall be
5 provided not more than 24 hours after the preliminary
6 arraignment. In cases alleging delinquency, notice of the
7 filing or forwarding of a complaint shall be provided not
8 more than 24 hours after the complaint has been filed or
9 forwarded to the juvenile probation office or district
10 attorney.
11 (2) In personal injury crimes, a law enforcement agency,
12 sheriff, deputy sheriff or constable shall notify the victim
13 of an inmate's escape from the custody of the law enforcement
14 agency, sheriff, deputy sheriff or constable.
15 (g) Return of property.--The appropriate law enforcement
16 agency shall return to the victim property seized as evidence if
17 the prosecutor's office determines that the evidence is no
18 longer needed for prosecution.
19 Section 2. Sections 312(7) and (9), 701, 702, 703, 704(d),
20 705, 706, 707, 708, 709, 710 and 902 of the act are amended to
21 read:
22 Section 312. Powers and duties of bureau.
23 The bureau, subject to approval of the commission, has the
24 following powers and duties:
25 * * *
26 (7) To appoint hearing officers authorized to administer
27 oaths or affirmations, to examine any person under oath or
28 affirmation and to issue subpoenas requiring attendance of
29 witnesses, testimony of witnesses and production of evidence.
30 Except where a claim is determined to be frivolous, [the
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1 bureau shall reimburse] claimants shall receive reimbursement
2 at a rate to be determined by the bureau for attending
3 hearings, regardless of the disposition of the claim[, at the
4 rate of 20¢ per mile and at the rate of $20 for each day of
5 hearing].
6 * * *
7 (9) To render each year to the Governor and to the
8 General Assembly a written report of its activities. [In
9 every third annual report, the bureau upon investigation and
10 study shall include its findings and recommendations with
11 respect to the limits on compensation whether or not an
12 increase is being requested. The annual report shall include
13 a summary of an audit by the Auditor General or an
14 independent accounting firm of a statistically valid sample
15 of the amounts paid to direct victims so as to avoid
16 duplications, other possible errors or fraud. The bureau
17 shall formalize agreements with the Auditor General for the
18 provision of the annual audit.]
19 * * *
20 Section 701. Persons eligible for compensation.
21 (a) General rule.--Except as otherwise provided in
22 [subsection (b)] this act, the following persons shall be
23 eligible for compensation:
24 (1) A direct victim.
25 (2) An intervenor.
26 (3) A surviving spouse, parent or child of a deceased
27 direct victim or intervenor.
28 (4) Any other individual dependent for principal support
29 upon a deceased direct victim or intervenor.
30 [(5) Any individual related to the direct victim who
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1 assumes the obligation or who pays the funeral or burial
2 expense incurred as a direct result of the crime or, if no
3 relative assumes the obligation, the person who makes the
4 payment.]
5 (6) Any person who assumes the obligation or who pays
6 for the crime scene cleanup, funeral or burial expenses
7 incurred as a direct result of the crime.
8 (b) Exception.--A person who is criminally responsible for
9 the crime upon which a claim is based or an accomplice of the
10 person shall not be eligible to receive compensation with
11 respect to the claim. A member of the family of the individual
12 who committed the crime shall not be eligible if the offender is
13 living in the same household as the direct victim and will
14 substantially benefit from the award. The Attorney General may
15 at any time sue the offender or the direct victim, or both, to
16 recover the award if the offender benefits from the award.
17 [(c) Family.--If a crime results in death, the spouse,
18 children, parents or siblings of the direct victim who resided
19 within the same household as the direct victim shall be eligible
20 for compensation for the cost of psychological counseling and
21 other reasonable out-of-pocket losses which are deemed necessary
22 as a direct result of the criminal incident.]
23 Section 702. Filing of claims for compensation.
24 (a) General rule.--[A] Except as otherwise provided in this
25 act, a claim for compensation may be filed by an individual
26 eligible for compensation as provided in section 701[.] or as
27 follows:
28 (1) If the individual is a minor, the claim may be filed
29 by a parent or guardian. If the parent or guardian of a minor
30 who is eligible for compensation is unavailable or fails to
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1 assume financial responsibility for the minor's care, a
2 person who assumes financial responsibility for services
3 eligible for compensation may file a claim on behalf of the
4 minor and may receive compensation for eligible services
5 provided to the minor.
6 (2) If the individual is mentally incompetent, the claim
7 may be filed by a guardian or legal representative. If the
8 guardian or legal representative of a mentally incompetent
9 individual who is eligible for compensation is unavailable or
10 fails to assume financial responsibility for the individual's
11 care, a person who assumes financial responsibility for
12 services eligible for compensation may file a claim on behalf
13 of the individual and may receive compensation for eligible
14 services provided to the individual.
15 (b) Time.--
16 (1) Except as set forth in paragraph (2), a claim must
17 be filed not later than [one year] two years after the
18 occurrence of the crime upon which the claim is based or not
19 later than [one year] two years after the death of the direct
20 victim or intervenor as a result of the crime or the
21 discovery and identification of the body of a murder victim.
22 (2) [Extensions] Exceptions shall be as follows:
23 [(i) For good cause, the bureau may extend the time
24 for filing for a period of not more than two years after
25 the occurrence.]
26 (ii) If a direct victim is under 18 years of age at
27 the time of the occurrence of the crime and the alleged
28 offender is the direct victim's parent or a person
29 responsible for the direct victim's welfare, an
30 individual residing in the same home as the direct victim
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1 or a paramour of the direct victim's parent, [the bureau
2 may, for good cause, extend the time for filing for a
3 period of not more than five years after the occurrence.]
4 all of the following shall apply:
5 (A) The limitation period under this subsection
6 is tolled until the direct victim reaches 21 years of
7 age.
8 (B) The limitation period shall run until the
9 later of:
10 (I) the end of the limitation period for the
11 offense as set forth in 42 Pa.C.S. Ch. 55 Subch.
12 C (relating to criminal proceedings); or
13 (II) the end of the limitation period under
14 paragraph (1).
15 (ii.1) If a direct victim is under 18 years of age
16 at the time of the occurrence of the crime and the direct
17 victim is seeking reimbursement for counseling services
18 only, all of the following shall apply:
19 (A) The limitation period under this subsection
20 is tolled until the direct victim reaches 21 years of
21 age.
22 (B) The limitation period shall run until the
23 later of:
24 (I) the end of the limitation period for the
25 offense as set forth in 42 Pa.C.S. Ch. 55 Subch.
26 C (relating to criminal proceedings); or
27 (II) the end of the limitation period under
28 paragraph (1).
29 [(iii)] (b.1) Returned claims.--If a claim has been
30 filed but subsequently returned to the claimant for
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1 correction or for additional verification or information,
2 the date the claim was first received by the bureau shall
3 be the permanent filing date for purposes of [this
4 subsection] subsection (b). The correction or additional
5 verification or information must be filed within [six
6 months of the date of return] a period of time
7 established by the bureau.
8 (c) Manner.--Claims must be filed [in the office of] with
9 the bureau [or by mail] in person, by mail or by any electronic
10 means authorized by the bureau.
11 [(d) Notice.--Upon filing of a claim, the bureau shall
12 promptly notify the district attorney of the county where the
13 crime is alleged to have occurred. If, within ten days after
14 notification, the district attorney advises the bureau that a
15 criminal prosecution is pending upon the same alleged crime and
16 requests that action by the bureau be deferred, the bureau shall
17 defer all proceedings under this chapter until a trial verdict
18 has been rendered and shall so notify the district attorney and
19 claimant. When a trial verdict has been rendered, the district
20 attorney shall promptly notify the bureau. Nothing in this
21 section shall limit the authority of the bureau to grant
22 emergency awards under section 706.]
23 Section 703. Minimum allowable claim.
24 (a) General rule.--Except as set forth in subsection (b), no
25 award shall be made on a claim unless the claimant has incurred
26 a minimum out-of-pocket loss of $100 [or has lost at least two
27 continuous weeks' earnings or support].
28 (b) Exception.--Subsection (a) shall not apply if the direct
29 victim was 60 years of age or older at the time the crime
30 occurred.
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1 Section 704. Determination of claims.
2 * * *
3 (d) Notice.--The bureau shall promptly notify the claimant
4 [and the State Treasurer] of the final decision of the bureau.
5 * * *
6 Section 705. Judicial review.
7 Within 30 days after receipt of a copy of the report
8 containing a final decision of the bureau, the claimant [or the
9 Attorney General] may appeal the final decision of the bureau in
10 the manner provided for appeals from administrative agencies as
11 provided in 2 Pa.C.S. Ch. 7 Subch. A (relating to judicial
12 review of Commonwealth agency action).
13 Section 706. Emergency awards.
14 (a) Authorization.--Notwithstanding the provisions of
15 sections 704 and 707, if it appears to the bureau that the claim
16 is one with respect to which an award probably will be made and
17 that undue hardship will result to the claimant if immediate
18 payment is not made, the bureau may make an emergency award to
19 the claimant pending a final decision in the case. The following
20 shall apply:
21 (1) The total amount of the emergency award shall not
22 exceed [$1,000 per claim] $1,500 per claim or at a rate set
23 by the bureau.
24 (2) The amount of the emergency award shall be deducted
25 from any final award made to the claimant.
26 (3) The excess of the amount of the emergency award over
27 the amount of the final award or the full amount of the
28 emergency award if no final award is made shall be repaid by
29 the claimant to the bureau.
30 (b) Reconsideration.--The bureau may reconsider an emergency
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1 award at any time prior to the final decision in the case and
2 increase previous orders for emergency compensation up to the
3 overall limit of [$1,000 per claim] $1,500 per claim or at a
4 rate set by the bureau.
5 (c) Compilation.--The bureau shall compute the total number
6 and amount of emergency awards given in each fiscal year for
7 inclusion in the annual report.
8 Section 707. Awards.
9 (a) Requirements.--No award shall be made unless it is
10 determined by a preponderance of the evidence that:
11 (1) A crime was committed.
12 (2) The person injured or killed was a direct victim or
13 intervenor.
14 (3) The crime was promptly reported to the proper
15 authorities. In no case may an award be made if the record
16 shows that the report was made more than 72 hours after the
17 occurrence of the crime unless:
18 (i) the victim is under 18 years of age at the time
19 of the occurrence of the crime and the alleged offender
20 is the victim's parent or a person responsible for the
21 victim's welfare, an individual residing in the same home
22 as the victim or a paramour of the victim's parent; or
23 (ii) the bureau finds the delay to have been
24 justified, consistent with bureau regulations. [The
25 bureau, upon finding that any claimant, direct victim or
26 intervenor has not fully cooperated with all law
27 enforcement agencies, may deny or withdraw any award, as
28 the case may be.]
29 (4) The direct victim, intervenor or claimant has fully
30 cooperated with all law enforcement agencies and the bureau,
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1 unless the bureau finds the noncompliance to have been
2 justified consistent with bureau regulations.
3 (b) Amount.--
4 (1) Any award made under this chapter shall be in an
5 amount not exceeding out-of-pocket loss, together with loss
6 of past, present or future earnings or support resulting from
7 such injury. In no case shall the total amount of an award
8 exceed $35,000[.], except for payment of the following:
9 (i) psychological or psychiatric counseling;
10 (ii) forensic rape examination and medications
11 directly related to the sexual assault or rape; or
12 (iii) reasonable and necessary costs of cleaning the
13 crime scene of a private residence.
14 (2) An award made for loss of earnings or support shall,
15 unless reduced pursuant to other provisions of this chapter,
16 be in an amount equal to the actual loss sustained. The
17 following shall apply:
18 (i) No such award shall exceed the average weekly
19 wage for all persons covered by the act of December 5,
20 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the
21 Unemployment Compensation Law, in this Commonwealth as
22 determined annually by the Department of Labor and
23 Industry for each week of lost earnings or support.
24 (ii) Except as set forth in subparagraph (iii), the
25 aggregate award for the loss shall not exceed $15,000.
26 (iii) In the case of death of a direct victim or
27 intervenor, the aggregate award shall not exceed $20,000.
28 (3) If an order of restitution has been entered on
29 behalf of the direct victim, those amounts actually collected
30 shall be applied first to property losses incident to the
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1 crime and secondly to personal injury losses as set forth in
2 subsection (f).
3 (4) An award for psychological or psychiatric
4 counseling, in an amount to be set by the bureau, may be made
5 to:
6 (i) a direct victim;
7 (ii) an individual responsible for the direct
8 victim's welfare;
9 (iii) an individual who witnesses a violent crime;
10 (iv) in the case of a homicide, an individual who
11 discovers the body;
12 (v) anyone related to the direct victim within the
13 second degree of consanguinity or affinity;
14 (vi) anyone maintaining a common-law relationship
15 with the direct victim;
16 (vii) anyone residing in the same household with
17 that individual; or
18 (viii) anyone engaged to be married to the direct
19 victim.
20 (5) An award for the reasonable and necessary costs for
21 the replacement of prosthetic devices, wheelchairs, canes,
22 walkers, hearing aids, eyeglasses or other corrective lenses,
23 dental devices or prescription medications damaged or stolen
24 as a result of the crime shall be at a rate set by the
25 bureau. Expenses for prosthetic devices, wheelchairs, canes,
26 walkers, hearing aids, eyeglasses or other corrective lenses,
27 dental devices or prescription medications needed as a result
28 of the crime shall be counted against the $35,000 award
29 limitation.
30 (c) Public assistance.--Provisions of awards made pursuant
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1 to a statute compensating or benefiting a direct victim or
2 claimant shall in no way affect the claimant's or direct
3 victim's eligibility under public assistance or any other
4 Federal or Commonwealth social benefit or assistance program.
5 (d) Apportionment.--If there are two or more [persons]
6 individuals entitled to an award as a result of the death of a
7 direct victim or intervenor, the award shall be apportioned
8 among the claimants.
9 (e) Reduction.--Except [for payments or proceeds that are
10 specifically denominated as compensation for dismemberment or
11 loss of an eye] as otherwise provided in this act, an award made
12 under this chapter shall be reduced by the amount of any
13 payments received or to be received by the claimant as a result
14 of the injury:
15 (1) from or on behalf of the [person] individual who
16 committed the crime;
17 (2) under any insurance or health and welfare programs,
18 including those mandated by law;
19 (3) under any contract of insurance wherein the claimant
20 is the beneficiary;
21 (4) from public funds;
22 (5) as an emergency award under section 706; [or]
23 (6) under any pension program, including those providing
24 for disability or survivor's benefits[.]; or
25 (7) under a settlement or award made by or on behalf of
26 a party alleged to be responsible in whole or in part for the
27 injury, without regard to the party's criminal culpability.
28 (f) Direct victim responsibility.--
29 (1) Except as set forth in [paragraph (2)] paragraphs
30 (2) and (3), in determining the amount of an award, the
20010S0807B2323 - 22 -
1 bureau shall determine whether the direct victim or
2 intervenor, because of conduct, contributed to the infliction
3 of the injury. The bureau shall reduce the amount or deny the
4 claim altogether in accordance with the determination.
5 (2) If the crime involved is rape or sexual assault, the
6 conduct of the direct victim shall not be considered. If the
7 crime involved is related to domestic violence, the conduct
8 of the direct victim shall not be considered unless the
9 direct victim was the primary aggressor.
10 (3) If the crime involved is a homicide, the conduct of
11 the direct victim shall not be considered for claims by
12 eligible claimants for psychological or psychiatric
13 counseling.
14 (g) Intervenor responsibility.--In determining the amount of
15 an award to an intervenor, the bureau may consider whether the
16 intervenor, because of conduct, contributed to the infliction of
17 the injury. The bureau shall reduce the amount or deny the claim
18 altogether in accordance with the determination.
19 (h) Forensic rape investigation.--
20 (1) A hospital or other licensed health care provider
21 may submit a claim for reimbursement for the cost of a
22 forensic rape examination if the cost is not covered by
23 insurance[, upon approval by the district attorney with
24 jurisdiction of the rape or sexual assault investigation and
25 prosecution. In no event shall the bureau pay an amount to
26 exceed $500 for a forensic rape examination nor $100 for
27 medications directly related to the sexual assault or rape]
28 or if the victim requests that the insurance carrier not be
29 billed. The reimbursement, where applicable, shall be at a
30 rate set by the bureau.
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1 (2) The cost of a forensic rape examination and the cost
2 of medications prescribed to the victim shall not be charged
3 to the victim.
4 (3) A sexual assault or rape victim need not be an
5 applicant for any other compensation under this chapter.
6 Section 708. Manner of payment.
7 (a) Lump sum.--The award shall be paid in a lump sum, except
8 that, in the case of death or protracted disability, the award
9 may provide for periodic payments. No award made under this
10 chapter shall be subject to execution or attachment other than
11 for expenses resulting from the injury which is the basis for
12 the claim. All awards shall be paid by or under the authority of
13 the State Treasurer. An award shall not be considered as
14 compensation taxable as income under Article III of the act of
15 March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of
16 1971. The bureau shall reconsider at least annually every award
17 being paid in installments. The bureau may reconsider a claim at
18 any time and modify or rescind previous orders for compensation
19 based upon a change in financial circumstances of a direct
20 victim or one or more surviving dependents.
21 (b) Medical expenses.--Medical expenses shall be paid to a
22 hospital or other licensed health care provider on behalf of the
23 victim at a rate set by the bureau. If the bureau accepts a
24 claim, the hospital or other licensed health care provider shall
25 accept such payment as payment in full and may not attempt to
26 collect from the victim any amount exceeding the amount of
27 reimbursement made by the bureau.
28 Section 709. Confidentiality of records.
29 [The record of a proceeding before the bureau or a hearing
30 examiner shall be a public record; however, a record or report
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1 obtained by the bureau or a hearing examiner, the
2 confidentiality of which is protected by any other law or
3 regulation, shall remain confidential subject to that law or
4 regulation.]
5 (a) General rule.--All reports, records or other information
6 obtained or produced by the bureau during the processing or
7 investigation of a claim shall be confidential and privileged,
8 shall not be subject to subpoena or discovery, shall be used for
9 no purpose other than the processing of a claim and except as
10 otherwise provided by law or as provided in this section, shall
11 not be introduced into evidence in any judicial or
12 administrative proceeding.
13 (b) Disclosure restricted.--No person who has had access to
14 a report, record or any other information under this subsection
15 shall disclose the content of such a report, record or other
16 information or testify in a judicial or administrative
17 proceeding without the written consent of the direct victim or
18 intervenor or, if the direct victim or intervenor is deceased,
19 the claimant.
20 (c) Construction.--This section shall not be construed to
21 preclude or limit introduction of the contents of a report,
22 record or other information in an appeal hearing before the
23 bureau, or in an investigation, prosecution or judicial
24 proceeding enforcing section 1303.
25 Section 710. Responsibilities of employers, service providers
26 and insurance companies.
27 (a) Response.--[Providers] Employers, insurance companies or
28 providers of services to direct victims, intervenors or
29 claimants including, but not limited to, doctors, hospitals[,]
30 and counselors [and insurance companies providing or liable for
20010S0807B2323 - 25 -
1 reimbursement to direct victims or any other claimants], shall
2 respond in writing to the bureau's request for confirmation or
3 other information under this chapter within 30 days of receipt
4 of the bureau's request.
5 (b) Penalty.--Any [provider of services or insurance
6 company] person who fails to respond [within 30 days of receipt
7 of the request] to a request under subsection (a) shall be
8 subject to a [civil] penalty of not more than $50 per day, up to
9 and including the date of compliance.
10 (c) Enforcement.--The office of the district attorney of the
11 county in which the crime occurred and the [Attorney General]
12 bureau shall be charged with enforcement of this section and the
13 collection of penalties, which may be given to local victim
14 service agencies or used for the enforcement and collection of
15 penalties under this section.
16 Section 902. Establishment of basic services for victims of
17 crime.
18 The commission shall provide technical assistance to and make
19 grants to district attorneys [and], other criminal justice
20 agencies or victim service agencies which provide crime victims
21 with the following services:
22 (1) Notification services, including all of the
23 following:
24 (i) Information concerning financial assistance and
25 other social services available as a result of being a
26 victim of crime.
27 (ii) Notification that a court proceeding to which
28 they have been subpoenaed will not go on as scheduled, in
29 order to save the victim an unnecessary trip to court.
30 (iii) Notification of the final disposition of the
20010S0807B2323 - 26 -
1 case.
2 (2) Protection services, including all of the following:
3 (i) Protection from harm and threats of harm arising
4 out of cooperation with law enforcement and prosecution
5 efforts.
6 (ii) A secure waiting area during court proceedings
7 which does not require them to be in close proximity to
8 defendants and families and friends of defendants.
9 (3) Procedures for the expedited return by law
10 enforcement officials of personal property of victims which
11 is held for prosecutorial purposes.
12 (4) Services related to the rights of victims under
13 Chapter 2.
14 (5) Other services as defined by the commission.
15 Section 3. This act shall take effect in 60 days.
16 SECTION 1. SECTION 707 OF THE ACT OF NOVEMBER 24, 1998 <--
17 (P.L.882, NO.111), KNOWN AS THE CRIME VICTIMS ACT, IS AMENDED BY
18 ADDING A SUBSECTION TO READ:
19 SECTION 707. AWARDS.
20 * * *
21 (A.1) PROTECTION FROM ABUSE.--A CLAIMANT WHO SATISFIES THE
22 ELIGIBILITY REQUIREMENTS OF SUBSECTION (A)(1), (2) AND (4) MAY
23 SATISFY THE ELIGIBILITY REQUIREMENT UNDER SUBSECTION (A)(3) FOR
24 REPORTING A CRIME TO THE PROPER AUTHORITIES BY COMMENCING AN
25 ACTION BROUGHT IN ACCORDANCE WITH 23 PA.C.S. CH. 61 (RELATING TO
26 PROTECTION FROM ABUSE) AND AS PROVIDED FOR IN THE PENNSYLVANIA
27 RULES OF CIVIL PROCEDURE. IN NO CASE MAY AN AWARD BE MADE IF THE
28 RECORD SHOWS THAT THE PETITION WAS:
29 (1) WITHDRAWN, UNLESS THE OFFICE OF VICTIM SERVICES
30 FINDS THE WITHDRAWAL TO HAVE BEEN JUSTIFIED, CONSISTENT WITH
20010S0807B2323 - 27 -
1 REGULATIONS OF THE OFFICE OF VICTIM SERVICES.
2 (2) FILED MORE THAN 72 HOURS AFTER THE OCCURRENCE OF THE
3 CRIMINAL CONDUCT LEADING TO THE COMMENCEMENT OF THE ACTION,
4 UNLESS:
5 (I) THE VICTIM IS UNDER 18 YEARS OF AGE AT THE TIME
6 OF THE OCCURRENCE OF THE CRIMINAL CONDUCT AND THE ALLEGED
7 OFFENDER IS THE VICTIM'S PARENT OR A PERSON RESPONSIBLE
8 FOR THE VICTIM'S WELFARE, AN INDIVIDUAL RESIDING IN THE
9 SAME HOME AS THE VICTIM OR A PARAMOUR OF THE VICTIM'S
10 PARENT; OR
11 (II) THE OFFICE OF VICTIM SERVICES FINDS THE DELAY
12 TO HAVE BEEN JUSTIFIED, CONSISTENT WITH REGULATIONS OF
13 THE OFFICE OF VICTIM SERVICES.
14 * * *
15 SECTION 2. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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