PRIOR PRINTER'S NO. 2632 PRINTER'S NO. 3167
No. 15 Session of 2005
INTRODUCED BY DiGIROLAMO, BAKER, BOYD, CALTAGIRONE, CAWLEY,
CLYMER, CRAHALLA, GEIST, GEORGE, GINGRICH, GOOD, GOODMAN,
GRELL, HARPER, HARRIS, JAMES, KAUFFMAN, KIRKLAND, LEDERER,
MUNDY, NICKOL, O'NEILL, PHILLIPS, PICKETT, RAYMOND,
E. Z. TAYLOR, WATSON, YOUNGBLOOD AND THOMAS, AUGUST 24, 2005
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 22, 2005
AN ACT
1 Amending Titles 18 (Crimes and Offenses) and 75 (Vehicles) of
2 the Pennsylvania Consolidated Statutes, further providing for
3 the Substance Abuse Education and Demand Reduction Fund and
4 for penalties.
5 The General Assembly finds and declares as follows:
6 (1) Driving under the influence of alcohol or a
7 controlled substance is a crime with thousands of victims in
8 this Commonwealth.
9 (2) Evidence exists that victim impact panels are
10 effective in reducing offender recidivism and restoring
11 balance to victims' lives in driving under the influence
12 cases.
13 (3) The purpose of this act is to recognize the value of
14 victim impact panels at reducing offender recidivism and
15 addressing victims' issues, to encourage counties to
16 implement the panels and to establish a coordinating
17 committee to provide standardized guidance for the panels.
1 The General Assembly of the Commonwealth of Pennsylvania
2 hereby enacts as follows:
3 Section 1. Section 7508.1(f)(1) of Title 18 of the
4 Pennsylvania Consolidated Statutes is amended to read:
5 § 7508.1. Substance Abuse Education and Demand Reduction Fund.
6 * * *
7 (f) Grants.--Notwithstanding any other provision of law, the
8 commission shall, upon written application and subsequent
9 approval, use moneys received under this section to award grants
10 to eligible organizations in the following manner:
11 (1) [No] (i) Subject to the provisions of subparagraph
12 (ii), no more than 45% of grant moneys awarded annually
13 shall go to programs to provide research-based approaches
14 to prevention, intervention, training, treatment and
15 education services to reduce substance abuse and
16 Statewide programs to assist families in accessing such
17 services.
18 (ii) Up to 20% of grant moneys awarded under this
19 paragraph may be used to:
20 (A) Assist in the start-up of victim impact
21 panel programs under 75 Pa.C.S. § 3804(f.1) (relating
22 to penalties).
23 (B) Study the impact outcome and benefits of
24 victim impact panels within this Commonwealth,
25 including the impact of victim impact panels on
26 driving under the influence recidivism and their
27 impact on the well-being of participating victims.
28 (C) Provide assistance for the ongoing operation
29 of victim impact panels.
30 * * *
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1 Section 2. Section 3804 of Title 75 is amended by adding a
2 subsection to read:
3 § 3804. Penalties.
4 * * *
5 (f.1) Victim impact panels.--
6 (1) In addition to any other penalty imposed under this
7 section, the court may order a person who violates section
8 3802 to attend a victim impact panel program.
9 (2) A victim impact panel program shall provide a
10 nonconfrontational forum for driving under the influence
11 crash victims, their family members, their friends or other
12 pertinent persons to speak to driving under the influence
13 offenders about the impact of the crash on victims' lives and
14 on the lives of families, friends and neighbors.
15 (3) A victim impact panel shall be administrated through
16 the local office of probation and parole or other office as
17 the court shall determine and shall be operated in
18 consultation with the Mothers Against Drunk Driving-
19 Pennsylvania State Organization.
20 (4) A victim impact panel program may assess a
21 reasonable participation fee to achieve program self-
22 sufficiency but may not operate for profit. The department
23 shall establish an acceptable range of fees.
24 (5) The department shall develop standards and
25 incentives to encourage counties to establish victim impact
26 panel programs. In developing these standards, the department
27 shall establish and chair a coordinating committee among
28 pertinent agencies and organizations, including the
29 Department of Health, the Pennsylvania Commission on Crime
30 and Delinquency, the Office of Victim Advocate, the
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1 Administrative Office of Pennsylvania Courts, county
2 officials and, the Mothers Against Drunk Driving-Pennsylvania <--
3 State Organization AND THE PENNSYLVANIA DUI ASSOCIATION. The <--
4 standards shall address items including all of the following:
5 (i) Prototype design and structure standards for
6 victim impact panels.
7 (ii) Training standards and curricula for
8 presenters, facilitators and administrators.
9 (iii) Operations policy and guidelines manual.
10 (iv) Evaluation standards, design and structure
11 allowing for the tracking and analysis of recidivism
12 data.
13 (v) Standards for counseling and debriefing
14 activities for victim presenters.
15 (vi) Standards for reimbursing reasonable costs to
16 victims for participation in panels.
17 (vii) Assistance to counties through coordinating
18 potential Federal and State funding streams to carry out
19 this subsection and to assist counties as may be needed.
20 * * *
21 Section 3. This act shall take effect in 60 days.
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