PRINTER'S NO. 810
No. 711 Session of 2003
INTRODUCED BY ARMSTRONG, TARTAGLIONE, PILEGGI, COSTA, MUSTO,
KASUNIC, WAUGH, WENGER, WONDERLING, O'PAKE, ROBBINS, BOSCOLA,
RAFFERTY, STACK, PUNT, THOMPSON AND C. WILLIAMS, MAY 5, 2003
REFERRED TO JUDICIARY, MAY 5, 2003
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for the
3 right of action regarding profits received as a result of the
4 commission of a crime.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 8312(b) and (h) of Title 42 of the
8 Pennsylvania Consolidated Statutes are amended to read:
9 § 8312. Profits received as a result of commission of crime.
10 * * *
11 (b) Right of action.--Notwithstanding any inconsistent
12 provision of law or rules of civil procedure with respect to the
13 timely bringing of an action, any eligible person shall have the
14 right to bring a civil action in a court of competent
15 jurisdiction to recover money damages from a person convicted of
16 a crime or the legal representative of that convicted person
17 within three years of the discovery of any profits from a crime.
18 Any damages awarded in this action shall be recoverable only up
1 to the value of the profits from the crime and all reasonable
2 attorney fees and other costs associated with the litigation of
3 the action. If an action is filed under this subsection after
4 the expiration of all other applicable statutes of limitation,
5 any other eligible person must file any action for damages as a
6 result of the crime within three years of the actual discovery
7 of profits from the crime or of actual notice received from or
8 notice published by the [board] bureau of the discovery,
9 whichever is later. If any profits from a crime remain after the
10 payment of claims made under this section, the [board] bureau
11 shall have the right to bring a civil action within two years in
12 a court of competent jurisdiction to recover any payments made
13 by the [board pursuant to Article IV of the act of April 9, 1929
14 (P.L.177, No.175), known as The Administrative Code of 1929, and
15 any expenses incurred by the board pursuant to Article IV of The
16 Administrative Code of 1929] bureau pursuant to the act of
17 November 24, 1998 (P.L.882, No.111), known as the Crime Victims
18 Act, and any expenses incurred by the bureau pursuant to that
19 act or this section with regard to such crime or the person
20 convicted of such crime.
21 * * *
22 (h) Definitions.--As used in this section, the following
23 words and phrases shall have the meanings given to them in this
24 subsection:
25 ["Board." The Crime Victim's Compensation Board as defined
26 in section 477 of the act of April 9, 1929 (P.L.177, No.175),
27 known as The Administrative Code of 1929.]
28 "Bureau." The Bureau of Victim's Services in the
29 Pennsylvania Commission on Crime and Delinquency as defined in
30 section 103 of the act of November 24, 1998 (P.L.882, No.111),
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1 known as the Crime Victims Act.
2 "Convicted." Includes conviction by entry of a plea of
3 guilty or nolo contendere, conviction after trial and a finding
4 of not guilty due to insanity or of guilty but mentally ill.
5 "Eligible person." Includes any of the following persons:
6 (1) A victim of the particular crime in question, as
7 "victim" is defined in [section 479.1 of the act of April 9,
8 1929 (P.L.177, No.175), known as The Administrative Code of
9 1929.] section 103 of the act of November 24, 1998 (P.L.882,
10 No.111), known as the Crime Victims Act.
11 (2) An intervenor in such crime.
12 (3) A surviving spouse, parent or child of a deceased
13 victim of or intervenor in such crime.
14 (4) Any other person dependent for his principal support
15 upon a deceased victim of or intervenor in such crime.
16 No person who is criminally responsible for the crime in
17 question or was an accomplice of the person who is criminally
18 responsible shall be an eligible person.
19 "Profit from a crime." Includes any of the following:
20 (1) Any property obtained through or income generated
21 from the commission of a crime of which the defendant was
22 convicted.
23 (2) Any property obtained by or income generated from
24 the sale, conversion or exchange of proceeds of a crime of
25 which the defendant was convicted, including any gain
26 realized by such sale, conversion or exchange.
27 (3) Any property which the defendant obtained or income
28 generated as a result of having committed the crime of which
29 the defendant was convicted, including any assets obtained
30 through the use of unique knowledge obtained during the
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1 commission of or in preparation for the commission of the
2 crime, as well as any property obtained by or income
3 generated from the sale, conversion or exchange of such
4 property and any gain realized by such sale, conversion or
5 exchange.
6 Section 2. This act shall take effect in 60 days.
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