THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY EACHUS, BARBIN, BELFANTI, BROWN, CALTAGIRONE, CARROLL, DeLUCA, FREEMAN, GEORGE, HORNAMAN, JOHNSON, KULA, MAHONEY, MUNDY, PASHINSKI, K. SMITH, STABACK, WANSACZ AND YUDICHAK, JUNE 10, 2010

REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, JUNE 10, 2010  

AN ACT

Amending the act of November 24, 1998 (P.L.882, No.111),

entitled "An act providing for victims' rights; imposing

penalties; establishing remedies; establishing the Office of

Victim Advocate, the Bureau of Victims' Services, the

Victims' Services Advisory Committee, the State Offender

Supervision Fund and other funds; and making repeals,"

establishing the Special Juvenile Victim Compensation Fund;

and further providing for costs.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of November 24, 1998 (P.L.882, No.111),

known as the Crime Victims Act, is amended by adding a section

to read:

Section 711.  Special Juvenile Victim Compensation Fund.

(a)  Establishment.--There is established in the State

Treasury a special fund to be known as the Special Juvenile

Victim Compensation Fund.

(b)  Sources.--The sources of the fund are as follows:

(1)  A transfer of $500,000 from the Crime Victim's

Compensation Fund. As soon as practicable following the

effective date of this section, the State Treasurer shall

make the transfer.

(2)  Appropriations.

(3)  Money from any other source.

(4)  Return on the money in the fund.

(c)  Nonlapse.--The money in the Special Juvenile Victim

Compensation Fund is continuously appropriated into the Special

Juvenile Victim Compensation Fund. This appropriation shall not

lapse at the end of any fiscal year.

(d)  Use.--The Special Juvenile Victim Compensation Fund

shall be administered by the commission as follows:

(1)  The commission may not use any money for

administrative costs.

(2)  The money shall be used solely to provide

restitution to victims of juvenile crime in a county of the

third class. A victim shall be entitled to receive

restitution from the fund if all of the following conditions

apply:

(i)  A juvenile petition was filed in the county

which alleged that the victim was a victim of a crime

committed by a juvenile.

(ii)  The juvenile petition was disposed of prior to

May 31, 2008, by the entry of a consent decree or an

adjudication of delinquency entered by a juvenile court

judge in the county.

(iii)  After December 31, 2009, the consent decree or

adjudication of delinquency previously entered was

vacated by order of the Supreme Court.

(iv)  Following the vacating of the consent decree or

adjudication of delinquency, the Supreme Court or a

special master appointed by the Supreme Court issued a

written determination stating:

(A)  that the victim suffered monetary loss,

expense or damage as a result of the alleged crime;

(B)  that the victim is entitled to restitution;

and

(C)  the amount of restitution the victim would

have been entitled to had the consent decree or

adjudication of delinquency previously entered not

been vacated, less any restitution or compensation

previously paid to the victim in connection with the

alleged crime.

(v)  Promptly following issuance of the last written

determination described in subsection (d)(2)(i), the

court or special master shall notify the commission that

all written determinations have been issued.

(e)  Administration.—-

(1)  The commission shall make a lump sum payment to each

victim for which a determination has been issued under

subsection (d)(2)(iv). The payment shall be in the amount

specified in the determination.

(2)  If money in the Special Juvenile Victim Compensation

Fund is not sufficient to make all of the payments required

under this subsection, the payments shall be reduced for each

victim on a pro rata basis.

(3)  The commission shall, no more than 45 days following

notification from the Supreme Court or special master that

all written determinations under subsection (d)(2)(i) have

been issued, submit requests to the State Treasurer that a

lump sum payment be made to each victim in the amount set

forth in the written determination pertaining to the victim.

(f)  Tax consequences.--A payment made under subsection (e)

shall not be considered a class of income under section 303 of

the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform

Code of 1971.

(g)  Construction.—-This section shall not be subject to any

of the other provisions of this chapter.

(h)  Expiration.—-

(1)  Except as set forth in paragraph (2), this section

shall expire on the earlier of the following:

(i)  The expenditure of all money in the Special

Juvenile Victim Compensation Fund.

(ii)  June 30, 2011. Money remaining in the fund on

June 30, 2011, shall be transferred to the Crime Victim's

Compensation Fund.

(2)  Subsections (f) and (g) shall expire June 30, 2012.

Section 2.  Section 1101(b) of the act is amended by adding a

paragraph to read:

Section 1101.  Costs.

* * *

(b)  Disposition.--

* * *

(3)  As soon as practicable following the effective date

of this paragraph, the State Treasurer shall transfer the sum

of $1,000,000 from the Crime Victim's Compensation Fund to

the Victim Witness Services Fund to supplement, and to be

distributed together with, other money in the Victim Witness

Services Fund used to provide victim of juvenile offender

grants to counties. The transferred sum is hereby

appropriated to the Victim Witness Services Fund on a

continuing basis for such purpose.

* * *

Section 3.  This act shall take effect in 30 days.