THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY DAVIS, DeLUCA, CALTAGIRONE, D. COSTA, DALEY, DAVIDSON, FABRIZIO, GOODMAN, HORNAMAN, JOSEPHS, W. KELLER, KORTZ, MANN, McGEEHAN, MURPHY, MURT, M. O'BRIEN, PASHINSKI, QUINN, SANTARSIERO, SWANGER, TALLMAN AND YOUNGBLOOD, MARCH 3, 2011

REFERRED TO COMMITTEE ON JUDICIARY, MARCH 3, 2011  

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,"

further providing for the Office of Victim Advocate and for

powers and duties of victim advocate.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 301 of the act of November 24, 1998

(P.L.882, No.111), known as the Crime Victims Act, is amended to

read:

Section 301.  Office.

(a)  Establishment.--There is established within the board

the Office of Victim Advocate to represent and advocate for the

interests of crime victims [before the board or department]. The

office shall operate under the direction of the victim advocate

as provided in this section.

(b)  Appointment.--The victim advocate must be an individual

who by reason of training and experience is qualified to

represent the interests of individual crime victims before the

board. The victim advocate shall be appointed by the Governor,

by and with the consent of a majority of all of the members of

the Senate. The victim advocate shall hold office for a term of

six years and until a successor shall have been duly appointed

and qualified but in no event more than 90 days beyond the

expiration of the appointed term. A vacancy occurring for any

reason shall be filled in the manner provided by section 8 of

Article IV of the Constitution of Pennsylvania for the remainder

of the term. Whenever the victim advocate's term expires, that

position shall be immediately deemed a vacancy, and the Governor

shall nominate a person to fill that position within 90 days of

the date of expiration even if the victim advocate continues in

office. To be eligible to be appointed by the Governor as victim

advocate, an individual must have at least six years of

professional experience in victim advocacy, social work or

related areas, including one year in a supervisory or

administrative capacity, and a bachelor's degree. Any equivalent

combination of experience and training shall be acceptable.

Compensation shall be set by the Executive Board as defined by

the act of April 9, 1929 (P.L.177, No.175), known as The

Administrative Code of 1929.

(c)  Service and employees.--The victim advocate shall

operate from the central office of the board with such clerical,

technical and professional staff as may be available within the

budget of the board. The compensation of employees of the office

shall be set by the Executive Board.

Section 2.  Section 302 of the act, amended October 2, 2002

(P.L.839, No.121), is amended to read:

Section 302.  Powers and duties of victim advocate.

The victim advocate has the following powers and duties:

(1)  To represent the interests of individual crime

victims before the board, department or hearing examiner and

before other government officials.

(2)  To supervise the victim notification duties

presently conducted by the board.

(3)  To assist in and coordinate the preparation of

testimony by the crime victims as set forth in sections

501(c) and 502 or the submission of oral, written or

videotaped comments by crime victims prior to a release

decision.

(4)  To represent the interests of a crime victim under

section 502.

(5)  To act as a liaison with the victim notification

program director in the department to coordinate victim

notification and services for the department and the board.

The victim advocate is authorized to address the interests of

all victims before the board, department or hearing examiner

concerning any issues determined appropriate by the victim

advocate.

(6)  As determined by the victim advocate, to represent

and advocate for the interests of crime victims generally,

including the victims of juvenile crime.

Section 3.  This act shall take effect in 60 days.