PRINTER'S NO. 597
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
574
Session of
2017
INTRODUCED BY DAVIS, DEAN, THOMAS, YOUNGBLOOD, O'BRIEN, MATZIE,
READSHAW, SCHWEYER, MILNE, V. BROWN, D. COSTA, DONATUCCI,
DRISCOLL, FREEMAN, BULLOCK AND KORTZ, FEBRUARY 21, 2017
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 21, 2017
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," in
administration, 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. Sections 301 and 302 of the act of November 24,
1998 (P.L.882, No.111), known as the Crime Victims Act, are
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
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 302. Powers and duties of victim advocate.
The victim advocate has the following powers and duties:
20170HB0574PN0597 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(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 2. This act shall take effect in 60 days.
20170HB0574PN0597 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23