Regular Session 2017-2018 Senate Bill 0897 P.N. 1760

PRIOR PRINTER'S NO. 1199

PRINTER'S NO. 1760

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

897

Session of

2017

INTRODUCED BY STEFANO, BOSCOLA, BROWNE, MENSCH, RAFFERTY,

EICHELBERGER, FOLMER, MARTIN, WAGNER AND AUMENT,

SEPTEMBER 25, 2017

AS AMENDED ON THIRD CONSIDERATION, MAY 21, 2018

AN ACT

Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and

Judicial Procedure) of the Pennsylvania Consolidated

Statutes, in authorized disposition of offenders, further

providing for restitution for injuries to person or property;

and, in sentencing, further providing for victim impact

statements.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 1106(a), (b), (c)(1), (g) and (h) of

Title 18 of the Pennsylvania Consolidated Statutes are amended

to read:

§ 1106. Restitution for injuries to person or property.

(a) General rule.--Upon conviction for any crime wherein:

(1) property of a victim has been stolen, converted or

otherwise unlawfully obtained, or its value substantially

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

(2) the victim, if an individual, 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] the offender's

compliance with such order may be made a condition of such

probation or parole.

(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] government 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] victim

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 victim] Any individual.

(A.1) Any affected government agency.

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(B) The Crime Victim's Compensation Board.

provided reimbursement to the victim as a result of

the defendant's criminal conduct.

(D) Any insurance company which has provided

reimbursement to the victim as a result of the

defendant's criminal conduct.

(E) Any nonprofit corporation, nonprofit

unincorporated association or nonprofit organization.

(F) Any for-profit corporation.

(E) ANY BUSINESS ENTITY ORGANIZED AS A NONPROFIT

OR NOT-FOR-PROFIT ENTITY.

(F) ANY OTHER BUSINESS ENTITY.

* * *

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

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

victim who sustained personal injury] victim, 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:

"Affected government agency." The Commonwealth, a political

subdivision or local authority that has sustained injury to

property.

"BUSINESS ENTITY." A DOMESTIC OR FOREIGN:

(1) BUSINESS CORPORATION;

(2) NONPROFIT CORPORATION;

(3) GENERAL PARTNERSHIP;

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(4) LIMITED PARTNERSHIP;

(5) LIMITED LIABILITY COMPANY;

(6) UNINCORPORATED NONPROFIT ASSOCIATION;

(7) PROFESSIONAL ASSOCIATION; OR

(8) BUSINESS TRUST, COMMON LAW BUSINESS TRUST OR

STATUTORY TRUST.

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

magisterial district judge.

"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] 103 of the act of November 24, 1998 (P.L.882, No.111),

known as the Crime Victims Act. The term includes an affected

government agency, 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 and

any nonprofit corporation, nonprofit unincorporated association,

nonprofit organization or for-profit corporation BUSINESS

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ENTITY.

Section 2. Section 9738(b) of Title 42 is amended to read:

§ 9738. Victim impact statements.

* * *

(b) Definition.--As used in this section, the term "victim"

shall mean a "victim" as defined in:

(1) [section 103 of the act of November 24, 1998

(P.L.882, No.111), known as the Crime Victims Act] 18 Pa.C.S.

§ 1106 (relating to restitution for injuries to person or

property); or

(2) 18 Pa.C.S. § 3001 (relating to definitions).

Section 3. This act shall take effect in 60 days

IMMEDIATELY.

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