THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY REICHLEY, BARRAR, BENNINGHOFF, BEYER, BRADFORD, CLYMER, D. COSTA, DALLY, EVERETT, GEIST, GOODMAN, HARHART, HARRIS, HORNAMAN, KNOWLES, McGEEHAN, MILLARD, MOUL, MURT, O'NEILL, RAPP, READSHAW, ROCK, ROHRER, SIPTROTH, SOLOBAY, SONNEY, SWANGER, J. TAYLOR, VULAKOVICH AND YOUNGBLOOD, AUGUST 20, 2009

REFERRED TO COMMITTEE ON JUDICIARY, AUGUST 20, 2009  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, further providing for restitution for

injuries to person or property.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1106 of Title 18 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 1106.  Restitution for injuries to person or property.

(a)  General rule.--[Upon] The offender shall be sentenced to

make restitution in addition to the punishment prescribed upon 

conviction for any crime wherein:

(1)  property has been stolen, converted or otherwise

unlawfully obtained[, or its value];

(2)  the value of property has been substantially

decreased as a direct result of the crime[, or wherein the];

or

(3)  a direct victim suffered personal injury directly

resulting from the crime[, the offender shall be sentenced to

make restitution in addition to the punishment prescribed

therefor].

(b)  Condition of probation or parole.--Whenever restitution

has been ordered pursuant to subsection (a) and the offender has

been placed on probation or parole, his compliance with such

order may be made a condition of such probation or parole.

(c)  Mandatory restitution.--

(1)  The court shall order full restitution:

(i)  Regardless of the current financial resources of

the defendant, so as to provide the victim with the

fullest compensation for the loss. The court shall not

reduce a restitution award by any amount that the victim

has received from the Crime Victim's Compensation Board

or other governmental agency but shall order the

defendant to pay any restitution ordered for loss

previously compensated by the board to the Crime Victim's

Compensation Fund or other designated account when the

claim involves a government agency in addition to or in

place of the board. The court shall not reduce a

restitution award by any amount that the victim has

received from an insurance company but shall order the

defendant to pay any restitution ordered for loss

previously compensated by an insurance company to the

insurance company.

(ii)  If restitution to more than one person is set

at the same time, the court shall set priorities of

payment. However, when establishing priorities, the court

shall order payment in the following order:

(A)  [The] A direct victim.

(B)  A victim as defined in section 103 of the

act of November 24, 1998 (P.L.882, No.111), known as

the Crime Victims Act, other than a direct victim or

a third party as provided in clause (F).

[(B)] (C)  The Crime Victim's Compensation Board.

[(C)] (D)  Any other government agency which has

provided reimbursement to [the] a victim as a result

of the defendant's criminal conduct.

[(D)] (E)  Any insurance company which has

provided reimbursement to [the] a victim as a result

of the defendant's criminal conduct.

(F)  Any third party which has either:

(I)  suffered a loss under subsection (a)(1)

or (2); or

(II)  provided reimbursement to a victim as a

result of the defendant's criminal conduct.

(2)  At the time of sentencing the court shall specify

the amount and method of restitution. In determining the

amount and method of restitution, the court:

(i)  Shall consider the extent of injury suffered by

[the] a victim, [the] a victim's request for restitution

as presented to the district attorney in accordance with

paragraph (4) and such other matters as it deems

appropriate.

(ii)  May order restitution in a lump sum, by monthly

installments or according to such other schedule as it

deems just.

(iii)  Shall not order incarceration of a defendant

for failure to pay restitution if the failure results

from the offender's inability to pay.

(iv)  Shall consider any other preexisting orders

imposed on the defendant, including, but not limited to,

orders imposed under this title or any other title.

(3)  The court may, at any time or upon the

recommendation of the district attorney that is based on

information received from [the] a victim and the probation

section of the county or other agent designated by the county

commissioners of the county with the approval of the

president judge to collect restitution, alter or amend any

order of restitution made pursuant to paragraph (2),

provided, however, that the court states its reasons and

conclusions as a matter of record for any change or amendment

to any previous order.

(4)  (i)  It shall be the responsibility of the district

attorneys of the respective counties to make a

recommendation to the court at or prior to the time of

sentencing as to the amount of restitution to be ordered.

This recommendation shall be based upon information

solicited by the district attorney and received from

[the] a victim.

(ii)  Where the district attorney has solicited

information from the victims as provided in subparagraph

(i) and has received no response, the district attorney

shall, based on other available information, make a

recommendation to the court for restitution.

(iii)  The district attorney may, as appropriate,

recommend to the court that the restitution order be

altered or amended as provided in paragraph (3).

(d)  Limitations on district justices.--Restitution ordered

by a magisterial district judge shall be limited to the return

of the actual property or its undisputed dollar amount or, where

the claim for restitution does not exceed the civil

jurisdictional limit specified in 42 Pa.C.S. § 1515(a)(3) 

(relating to jurisdiction) and is disputed as to amount, the

magisterial district judge shall determine and order the dollar

amount of restitution to be made.

(e)  Restitution payments and records.--Restitution, when

ordered by a judge, shall be made by the offender to the

probation section of the county in which he was convicted or to

another agent designated by the county commissioners with the

approval of the president judge of the county to collect

restitution according to the order of the court or, when ordered

by a magisterial district judge, shall be made to the

magisterial district judge. The probation section or other agent

designated by the county commissioners of the county with the

approval of the president judge to collect restitution and the

magisterial district judge shall maintain records of the

restitution order and its satisfaction and shall forward to

[the] a victim the property or payments made pursuant to the

restitution order.

(f)  Noncompliance with restitution order.--Whenever the

offender shall fail to make restitution as provided in the order

of a judge, the probation section or other agent designated by

the county commissioners of the county with the approval of the

president judge to collect restitution shall notify the court

within 20 days of such failure. Whenever the offender shall fail

to make restitution within 20 days to a magisterial district

judge, as ordered, the magisterial district judge shall declare

the offender in contempt and forward the case to the court of

common pleas. Upon such notice of failure to make restitution,

or upon receipt of the contempt decision from a magisterial

district judge, the court shall order a hearing to determine if

the offender is in contempt of court or has violated his

probation or parole.

(g)  Preservation of private remedies.--No judgment or order

of restitution shall debar the owner of the property or [the] a

direct victim who sustained personal injury, by appropriate

action, to recover from the offender as otherwise provided by

law, provided that any civil award shall be reduced by the

amount paid under the criminal judgment.

(h)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Crime."  Any offense punishable under this title or by a

magisterial district judge.

"Direct victim."  As defined in section 103 of the act of

November 24, 1998 (P.L.882, No.111), known as the Crime Victims

Act.

"Injury to property."  Loss of real or personal property,

including negotiable instruments, or decrease in its value,

directly resulting from the crime.

"Offender."  Any person who has been found guilty of any

crime.

"Personal injury."  Actual bodily harm, including pregnancy,

directly resulting from the crime.

"Property."  Any real or personal property, including

currency and negotiable instruments, of the victim.

"Restitution."  The return of the property of the victim or

payments in cash or the equivalent thereof pursuant to an order

of the court.

"Victim."  As defined in [section 479.1 of the act of April

9, 1929 (P.L.177, No.175), known as The Administrative Code of

1929.] section 103 of the act of November 24, 1998 (P.L.882,

No.111), known as the Crime Victims Act. The term also includes

[the]:

(1)  Any third party which has suffered a loss under

subsection (a)(1) or (2) as a result of the defendant's

criminal conduct.

(2)  The Crime Victim's Compensation Fund if compensation

has been paid by the Crime Victim's Compensation Fund to the

victim and any insurance company that has compensated the

victim for loss under an insurance contract.

Section 2.  This act shall take effect in 60 days.