AN ACT

 

1Amending the act of November 24, 1998 (P.L.882, No.111),
2entitled "An act providing for victims' rights; imposing
3penalties; establishing remedies; establishing the Office of
4Victim Advocate, the Bureau of Victims' Services, the
5Victims' Services Advisory Committee, the State Offender
6Supervision Fund and other funds; and making repeals,"
7further providing for the Office of Victim Advocate and for
8powers and duties of victim advocate.

9The General Assembly of the Commonwealth of Pennsylvania
10hereby enacts as follows:

11Section 1. Section 301 of the act of November 24, 1998
12(P.L.882, No.111), known as the Crime Victims Act, is amended to
13read:

14Section 301. Office.

15(a) Establishment.--There is established within the board
16the Office of Victim Advocate to represent and advocate for the
17interests of crime victims [before the board or department]. The
18office shall operate under the direction of the victim advocate
19as provided in this section.

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

1who by reason of training and experience is qualified to 
2represent the interests of individual crime victims before the 
3board. The victim advocate shall be appointed by the Governor, 
4by and with the consent of a majority of all of the members of 
5the Senate. The victim advocate shall hold office for a term of 
6six years and until a successor shall have been duly appointed 
7and qualified but in no event more than 90 days beyond the 
8expiration of the appointed term. A vacancy occurring for any 
9reason shall be filled in the manner provided by section 8 of 
10Article IV of the Constitution of Pennsylvania for the remainder 
11of the term. Whenever the victim advocate's term expires, that 
12position shall be immediately deemed a vacancy, and the Governor 
13shall nominate a person to fill that position within 90 days of 
14the date of expiration even if the victim advocate continues in 
15office. To be eligible to be appointed by the Governor as victim 
16advocate, an individual must have at least six years of 
17professional experience in victim advocacy, social work or 
18related areas, including one year in a supervisory or 
19administrative capacity, and a bachelor's degree. Any equivalent 
20combination of experience and training shall be acceptable. 
21Compensation shall be set by the Executive Board as defined by 
22the act of April 9, 1929 (P.L.177, No.175), known as The 
23Administrative Code of 1929.

24(c) Service and employees.--The victim advocate shall
25operate from the central office of the board with such clerical,
26technical and professional staff as may be available within the
27budget of the board. The compensation of employees of the office
28shall be set by the Executive Board.

29Section 2. Section 302 of the act, amended October 2, 2002
30(P.L.839, No.121), is amended to read:

1Section 302. Powers and duties of victim advocate.

2The victim advocate has the following powers and duties:

3(1) To represent the interests of individual crime
4victims before the board, department or hearing examiner and 
5before other government officials.

6(2) To supervise the victim notification duties
7presently conducted by the board.

8(3) To assist in and coordinate the preparation of
9testimony by the crime victims as set forth in sections
10501(c) and 502 or the submission of oral, written or
11videotaped comments by crime victims prior to a release
12decision.

13(4) To represent the interests of a crime victim under
14section 502.

15(5) To act as a liaison with the victim notification
16program director in the department to coordinate victim
17notification and services for the department and the board.
18The victim advocate is authorized to address the interests of
19all victims before the board, department or hearing examiner
20concerning any issues determined appropriate by the victim
21advocate.

22(6) As determined by the victim advocate, to represent
23and advocate for the interests of crime victims generally,
24including the victims of juvenile crime.

25Section 3. This act shall take effect in 60 days.