PRIOR PRINTER'S NO. 1419 PRINTER'S NO. 2188
No. 1189 Session of 2003
INTRODUCED BY BAKER, McGEEHAN, MARSICO, NAILOR, ARGALL, BARRAR,
BELFANTI, BUNT, CAPPELLI, CAWLEY, CLYMER, CRAHALLA,
CREIGHTON, DALEY, DeWEESE, EGOLF, FAIRCHILD, FEESE, FREEMAN,
GABIG, GEIST, GILLESPIE, GODSHALL, HARHAI, HARPER, HARRIS,
HERMAN, HERSHEY, HUTCHINSON, JAMES, KELLER, LAUGHLIN, LEACH,
LEDERER, LESCOVITZ, LEWIS, MANDERINO, McILHATTAN, MELIO,
METCALFE, R. MILLER, S. MILLER, MUNDY, O'NEILL, PAYNE,
PHILLIPS, PICKETT, RAYMOND, REICHLEY, ROSS, SAINATO, SATHER,
SAYLOR, SCHRODER, SHANER, B. SMITH, STERN, T. STEVENSON,
TANGRETTI, E. Z. TAYLOR, TIGUE, TURZAI, WANSACZ, WASHINGTON,
WILT, YOUNGBLOOD AND THOMAS, APRIL 16, 2003
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 25, 2003
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for restitution for
3 injuries to person or property.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 1106(h) of Title 18 of the Pennsylvania <--
7 Consolidated Statutes is amended to read:
8 § 1106. Restitution for injuries to person or property.
9 * * *
10 (h) Definitions.--As used in this section, the following
11 words and phrases shall have the meanings given to them in this
12 subsection:
13 "Crime." Any offense punishable under this title or by a
1 district justice.
2 "Injury to property." Loss of real or personal property,
3 including negotiable instruments, or decrease in its value,
4 directly resulting from the crime.
5 "Offender." Any person who has been found guilty of any
6 crime.
7 "Personal injury." Actual bodily harm, including pregnancy,
8 directly resulting from the crime.
9 "Property." Any real or personal property, including
10 currency and negotiable instruments, of the victim.
11 "Restitution." The return of the property of the victim or
12 payments in cash or the equivalent thereof pursuant to an order
13 of the court. In the case of a violation of section 4106
14 (relating to access device fraud) or section 4120 (relating to
15 identity theft), restitution shall include payments to reimburse
16 the victim for funds expended on attorney fees or other
17 professional services when the victim has used an attorney or
18 other professional service as a direct result of the defendant's
19 criminal activity, including correcting credit reports,
20 contesting unwarranted debt collection efforts and conducting
21 forensic audits.
22 "Victim." As defined in section 479.1 of the act of April 9,
23 1929 (P.L.177, No.175), known as The Administrative Code of
24 1929. The term includes the Crime Victim's Compensation Fund if
25 compensation has been paid by the Crime Victim's Compensation
26 Fund to the victim and any insurance company that has
27 compensated the victim for loss under an insurance contract.
28 Section 2. This act shall take effect in 60 days.
29 SECTION 1. SECTION 1106(A) OF TITLE 18 OF THE PENNSYLVANIA <--
30 CONSOLIDATED STATUTES IS AMENDED AND SUBSECTION (H) IS AMENDED
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1 BY ADDING A DEFINITION TO READ:
2 § 1106. RESTITUTION FOR INJURIES TO PERSON OR PROPERTY.
3 (A) GENERAL RULE.--UPON CONVICTION FOR ANY CRIME WHEREIN
4 PROPERTY HAS BEEN STOLEN, CONVERTED OR OTHERWISE UNLAWFULLY
5 OBTAINED, OR ITS VALUE SUBSTANTIALLY DECREASED AS A DIRECT
6 RESULT OF THE CRIME, OR WHEREIN THE VICTIM SUFFERED PERSONAL
7 INJURY OR COLLATERAL INJURY DIRECTLY RESULTING FROM THE CRIME,
8 THE OFFENDER SHALL BE SENTENCED TO MAKE RESTITUTION IN ADDITION
9 TO THE PUNISHMENT PRESCRIBED THEREFOR.
10 * * *
11 (H) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
12 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
13 SUBSECTION:
14 "COLLATERAL INJURY." ANY MONEYS PAID BY THE VICTIM TO ANY
15 PROFESSIONAL, INCLUDING AN ATTORNEY, A PSYCHOLOGIST OR AN
16 ACCOUNTANT, FOR PROFESSIONAL SERVICES REQUIRED TO ADDRESS
17 ADVERSE CONSEQUENCES SUFFERED BY A VICTIM AS A DIRECT RESULT OF
18 A CRIME, INCLUDING CORRECTING CREDIT REPORTS, CONTESTING
19 UNWARRANTED DEBT COLLECTION EFFORTS, CONDUCTING FORENSIC AUDITS,
20 DEFENDING AGAINST FALSE CRIMINAL CHARGES AND COUNSELING.
21 * * *
22 SECTION 2. THIS ACT SHALL APPLY TO OFFENSES COMMITTED ON OR
23 AFTER THE EFFECTIVE DATE OF THIS SECTION.
24 SECTION 3. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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