A01648
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
708
Session of
2021
INTRODUCED BY BARTOLOTTA, HUGHES, HAYWOOD, TARTAGLIONE,
SANTARSIERO, COLLETT, MENSCH, J. WARD, SCHWANK, COSTA, BAKER,
STREET, KANE, BROWNE AND COMITTA, MAY 25, 2021
REFERRED TO JUDICIARY, MAY 25, 2021
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
preliminary provisions, further providing for definitions; in
crime victims, further providing for rights, for
responsibilities of victims of crime under basic bill of
rights, for responsibilities of State and local law
enforcement agencies and, for responsibilities of
prosecutor's office and for responsibilities of juvenile
probation office; in administration, further providing for
office, for powers and duties of victim advocate and for
powers and duties of Office of Victims' Services; in
compensation, further providing for persons eligible for
compensation, for filing of claims for compensation, for
minimum allowable claim, for determination of claims, for
emergency awards, for awards and for confidentiality of
records; in services, further providing for eligibility of
victims; in financial matters, further providing for costs
and for costs for offender supervision programs; and, in
enforcement, further providing for subrogation and for
revictimization relief.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "crime," "intervenor," "local
law enforcement agency," "loss of earnings," "out-of-pocket
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loss" and "personal injury crime" in section 103 of the act of
November 24, 1998 (P.L.882, No.111), known as the Crime Victims
Act, are amended and the section is amended by adding
definitions to read:
Section 103. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Campus police." As defined in section 302 of the act of
November 29, 2004 (P.L.1383, No.180), known as the Uniform Crime
Reporting Act.
* * *
"Crime." An act which was committed:
(1) In this Commonwealth by a person, including a
juvenile, without regard to legal exemption or defense which
would constitute a crime under the following:
(i) The act of April 14, 1972 (P.L.233, No.64),
known as The Controlled Substance, Drug, Device and
Cosmetic Act.
(ii) 18 Pa.C.S. (relating to crimes and offenses).
30 Pa.C.S. § 5502 (relating to operating
watercraft under influence of alcohol or controlled
substance).
30 Pa.C.S. § 5502.1 (relating to homicide by
watercraft while operating under influence).
The former 75 Pa.C.S. § 3731 (relating to driving
under influence of alcohol or controlled substance).
75 Pa.C.S. § 3732 (relating to homicide by
vehicle).
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75 Pa.C.S. § 3732.1 (relating to aggravated
assault by vehicle).
75 Pa.C.S. § 3733 (relating to fleeing or
attempting to elude police officer).
75 Pa.C.S. § 3734 (relating to driving without
lights to avoid identification or arrest).
75 Pa.C.S. § 3735 (relating to homicide by
vehicle while driving under influence).
75 Pa.C.S. § 3735.1 (relating to aggravated
assault by vehicle while driving under the
influence).
75 Pa.C.S. § 3742 (relating to accidents
involving death or personal injury).
75 Pa.C.S. § 3742.1 (relating to accidents
involving death or personal injury while not properly
licensed) if the nature and circumstances of the
offense committed are substantially similar to an
offense under 75 Pa.C.S. § 3742.
75 Pa.C.S. Ch. 38 (relating to driving after
imbibing alcohol or utilizing drugs).
(iii) The laws of the United States.
(2) Against a resident of this Commonwealth which would
be a crime under paragraph (1) but for its occurrence in a
location other than this Commonwealth.
(3) Against a resident of this Commonwealth which is an
act of international terrorism.
* * *
"Financial support." Includes the loss of court-ordered
child or spousal support payments if the victim is deprived of
money as a direct result of a crime.
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* * *
"Intervenor." An individual, including a law enforcement
officer who is injured in the performance of the individual's
duties, who goes to the aid of another and suffers physical or
mental injury or death as a direct result of acting not
recklessly to prevent the commission of a crime, to lawfully
apprehend a person reasonably suspected of having committed such
crime or to aid the victim of such crime.
* * *
"Local law enforcement agency." A police department of a
city, borough, incorporated town or township or campus police.
"Loss of earnings." [Includes] An economic loss resulting
from an injury or death to a victim of a crime or an intervenor
that has not been and will not be reimbursed from any other
source. The term includes the loss of the cash equivalent of one
month's worth of Social Security, railroad retirement, pension
plan, retirement plan, disability, veteran's retirement, [court-
ordered child support or court-ordered spousal] loss of support
payments if the payments are the primary source of the victim's
income or other similar benefit, and the victim or intervenor is
deprived of money as a direct result of a crime.
"Loss of support." The loss of verifiable financial support
the direct victim would have contributed to surviving dependents
that is lost due to the death of the direct victim as a direct
result of a crime.
* * *
"Out-of-pocket loss." The term includes the following losses
which shall be reimbursed at a rate set by the Office of
Victims' Services:
(1) expenses for unreimbursed and unreimbursable
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expenses or indebtedness incurred for medical care,
nonmedical remedial care and treatment as approved by the
Office of Victims' Services or other services;
(2) expenses for counseling, prosthetic devices,
wheelchairs, canes, walkers, hearing aids, eyeglasses or
other corrective lenses or dental devices reasonably
necessary as a result of the crime upon which the claim is
based and for which the claimant either has paid or is
liable;
(3) expenses related to the reasonable and necessary
costs of cleaning the crime scene of a private residence or
privately owned motor vehicle. "Cleaning" means to remove or
attempt to remove stains or blood caused by the crime or
other dirt or debris caused by the processing of the crime
scene;
(4) expenses resulting from the temporary or permanent
relocation of a direct victim and individuals residing in the
household of the direct victim due to the incident forming
the basis of the victim's claim when there is an immediate
need to protect the safety and health of the victim and
individuals residing in the household, as verified by a
medical provider, human services provider or law enforcement;
(5) expenses for physical examinations and materials
used to obtain evidence; or
(6) other reasonable expenses which are deemed necessary
as a direct result of the criminal incident.
Except as otherwise provided, the term does not include property
damage or pain and suffering.
"Personal injury crime." An act, attempt [or threat],
solicitation or conspiracy to commit an act which would
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constitute a misdemeanor or felony under the following:
18 Pa.C.S. Ch. 25 (relating to criminal homicide).
18 Pa.C.S. Ch. 27 (relating to assault).
18 Pa.C.S. Ch. 28 (relating to antihazing).
18 Pa.C.S. Ch. 29 (relating to kidnapping).
18 Pa.C.S. Ch. 30 (relating to human trafficking).
18 Pa.C.S. Ch. 31 (relating to sexual offenses).
18 Pa.C.S. § 3301 (relating to arson and related
offenses).
18 Pa.C.S. Ch. 37 (relating to robbery).
18 Pa.C.S. Ch. 49 Subch. B (relating to victim and
witness intimidation).
18 Pa.C.S. § 5131 (relating to recruiting criminal gang
members).
18 Pa.C.S. § 6312 (relating to sexual abuse of children).
18 Pa.C.S. § 6318 (relating to unlawful contact with
minor).
18 Pa.C.S. § 6320 (relating to sexual exploitation of
children).
30 Pa.C.S. § 5502.1 (relating to homicide by watercraft
while operating under influence).
The former 75 Pa.C.S. § 3731 (relating to driving under
influence of alcohol or controlled substance) in cases
involving bodily injury.
75 Pa.C.S. § 3732 (relating to homicide by vehicle).
75 Pa.C.S. § 3732.1 (relating to aggravated assault by
vehicle).
75 Pa.C.S. § 3733 (relating to fleeing or attempting to
elude police officer).
75 Pa.C.S. § 3734 (relating to driving without lights to
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avoid identification or arrest).
75 Pa.C.S. § 3735 (relating to homicide by vehicle while
driving under influence).
75 Pa.C.S. § 3735.1 (relating to aggravated assault by
vehicle while driving under the influence).
75 Pa.C.S. § 3742 (relating to accidents involving death
or personal injury).
75 Pa.C.S. § 3742.1 (relating to accidents involving
death or personal injury while not properly licensed) if the
nature and circumstances of the offense committed are
substantially similar to an offense under 75 Pa.C.S. § 3742.
75 Pa.C.S. Ch. 38 (relating to driving after imbibing
alcohol or utilizing drugs) in cases involving bodily injury.
The term includes violations of any protective order issued as a
result of an act related to domestic violence. The term includes
a crime of violence as defined in 42 Pa.C.S. § 9714(g) (relating
to sentences for second and subsequent offenses).
"Personal injury rights crime." An act, attempt,
solicitation or conspiracy to commit an act which would
constitute a misdemeanor or felony under the following:
18 Pa.C.S. Ch. 25 (relating to criminal homicide).
18 Pa.C.S. Ch. 27 (relating to assault).
18 Pa.C.S. Ch. 28 (relating to antihazing).
18 Pa.C.S. Ch. 29 (relating to kidnapping).
18 Pa.C.S. Ch. 30 (relating to human trafficking).
18 Pa.C.S. Ch. 31 (relating to sexual offenses).
18 Pa.C.S. § 3301 (relating to arson and related
offenses).
18 Pa.C.S. Ch. 37 (relating to robbery).
18 Pa.C.S. Ch. 49 Subch. B (relating to victim and
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witness intimidation).
18 Pa.C.S. § 5131 (relating to recruiting criminal gang
members).
18 Pa.C.S. § 6312 (relating to sexual abuse of children).
18 Pa.C.S. § 6318 (relating to unlawful contact with
minor).
18 Pa.C.S. § 6320 (relating to sexual exploitation of
children).
30 Pa.C.S. § 5502.1 (relating to homicide by watercraft
while operating under influence).
The former 75 Pa.C.S. § 3731 (relating to driving under
influence of alcohol or controlled substance) in cases
involving bodily injury.
75 Pa.C.S. § 3732 (relating to homicide by vehicle).
75 Pa.C.S. § 3732.1 (relating to aggravated assault by
vehicle).
75 Pa.C.S. § 3733 (relating to fleeing or attempting to
elude police officer).
75 Pa.C.S. § 3734 (relating to driving without lights to
avoid identification or arrest).
75 Pa.C.S. § 3735 (relating to homicide by vehicle while
driving under influence).
75 Pa.C.S. § 3735.1 (relating to aggravated assault by
vehicle while driving under the influence).
75 Pa.C.S. § 3742 (relating to accidents involving death
or personal injury).
75 Pa.C.S. § 3742.1 (relating to accidents involving
death or personal injury while not properly licensed) if the
nature and circumstance of the offense committed are
substantially similar to an offense under 75 Pa.C.S. § 3742.
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75 Pa.C.S. Ch. 38 (relating to driving after imbibing
alcohol or utilizing drugs) in cases involving bodily injury.
The term includes violations of any protective order issued as a
result of an act related to domestic violence. The term includes
a crime of violence as defined in 42 Pa.C.S. § 9714(g) (relating
to sentences for second and subsequent offenses).
* * *
Section 2. Section 201(11) 201(4), (5.2), (7), (8), (8.1),
(9), (11) and (13) of the act is are amended and the section is
amended by adding a paragraph to read:
Section 201. Rights.
Victims of crime have the following rights:
* * *
(1.1) If eligible to apply, to be notified of the
Address Confidentiality Program under 23 Pa.C.S. Ch. 67
(relating to domestic and sexual violence victim address
confidentiality).
* * *
(4) In cases involving a personal injury rights crime or
burglary, to submit prior comment to the prosecutor's office
or juvenile probation office, as appropriate to the
circumstances of the case, on the potential reduction or
dropping of any charge or changing of a plea in a criminal or
delinquency proceeding, or, diversion of any case, including
an informal adjustment or consent decree.
* * *
(5.2) Upon request of the victim of a personal injury
rights crime, to have the opportunity to submit written
comment or present oral testimony at a disposition review
hearing, which comment or testimony shall be considered by
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the court when reviewing the disposition of the juvenile.
* * *
(7) In personal injury rights crimes where the adult is
sentenced to a State correctional facility, to be:
(i) given the opportunity to provide prior comment
on and to receive State postsentencing release decisions,
including work release, furlough, parole, pardon or
community treatment center placement;
(ii) provided immediate notice of an escape of the
adult and of subsequent apprehension; and
(iii) given the opportunity to receive notice of and
to provide prior comment on a recommendation sought by
the Department of Corrections that the offender
participate in a motivational boot camp pursuant to the
Motivational Boot Camp Act.
(8) In personal injury rights crimes where the adult is
sentenced to a local correctional facility, to:
(i) receive notice of the date of the release of the
adult, including work release, furlough, parole, release
from a boot camp or community treatment center placement;
and
(ii) be provided with immediate notice of an escape
of the adult and of subsequent apprehension.
(8.1) If, upon the request of the victim of a personal
injury rights crime committed by a juvenile, the juvenile is
ordered to residential placement, a shelter facility or a
detention center, to:
(i) Receive prior notice of the date of the release
of the juvenile, including temporary leave or home pass.
(ii) Be provided with:
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(A) immediate notice of an escape of the
juvenile, including failure to return from temporary
leave or home pass; and
(B) immediate notice of reapprehension of the
juvenile.
(iii) Be provided with notice of transfer of a
juvenile who has been adjudicated delinquent from a
placement facility that is contrary to a previous court
order or placement plan approved at a disposition review
hearing and to have the opportunity to express a written
objection prior to the release or transfer of the
juvenile.
(9) If the adult is subject to an order under 23 Pa.C.S.
Ch. 61 (relating to protection from abuse) and is committed
to a local correctional facility for a violation of the order
or for a personal injury rights crime against a victim
protected by the order, to receive immediate notice of the
release of the adult on bail.
* * *
(11) To have assistance in the preparation of,
submission of and follow-up on financial assistance claims to
the [bureau] Office of Victims' Services.
* * *
(13) Upon the request of the victim of a personal injury
rights crime, to be notified of the termination of the
courts' jurisdiction.
Section 3. Sections 211, 212(b), (c) and, (e) and (f) and
213(a), (b), (d), (e), (f) and (g) and 216(b) and (d) of the act
are amended to read:
Section 211. Responsibilities of victims of crime under basic
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bill of rights.
[A] Except as provided for victims enrolled in the Address
Confidentiality Program under 23 Pa.C.S. Ch. 67 (relating to
domestic and sexual violence victim address confidentiality), a
victim shall provide a valid address and telephone number and
any other required information to all agencies responsible for
providing information and notice to the victim. The victim shall
be responsible for providing timely notice of any changes in the
status of the information. The information provided shall not be
disclosed to any person other than a law enforcement agency,
corrections agency or prosecutor's office without the prior
written consent of the victim.
Section 212. Responsibilities of State and local law
enforcement agencies.
* * *
(b) Notice.--
(1) [Law enforcement agencies shall within 48 hours of
reporting give notice to the direct victim or, if
appropriate, a member of the direct victim's family of the
availability of crime victims' compensation. The notice
required under this subsection shall be in writing and in a
manner and form developed by the Office of Victims'
Services.] The law enforcement agency responding to or
investigating an incident shall provide basic information on
the rights and services available for crime victims and the
availability of crime victims' compensation to the direct
victim or, if appropriate, a member of the direct victim's
family. The information shall be provided when the agency has
first contact with the direct victim or, if appropriate, a
member of the direct victim's family or as soon as reasonably
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possible. The information required under this subsection
shall be in a written notice in a manner or form developed by
the Office of Victims' Services.
(2) [Law enforcement agencies shall provide basic
information on the rights and services available for crime
victims. The information shall be in writing and shall be
provided to the victim within 24 hours of the law enforcement
agency's first contact with the victim in a manner and form
to be developed by the Office of Victims' Services.] Law
enforcement agencies shall be responsible for ensuring that
officers provide the notification required under paragraph
(1).
(c) Application.--[The written notification provided for in
subsection (b)(1) shall be accompanied by one copy of the
application form for crime victims' compensation. Application
forms shall be supplied by the Office of Victims' Services to
law enforcement agencies. A record of the date of notification
shall be maintained by the law enforcement agency.] The Office
of Victims' Services shall [maintain a mailing list of all local
law enforcement agencies] make the written information under
subsection (b)(1) available on the office's publicly accessible
Internet website and provide law enforcement agencies [with
forms by which they can order additional claim forms] printed
notices and claim forms for crime victims' compensation. The
Office of Victims' Services shall also provide updates to law
enforcement agencies on changes which affect their
responsibilities under this act.
(e) [Forms.--The form developed by the Office of Victims'
Services shall be attached to the police report and shall
include a victim checkoff signifying that the information has
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been provided to the crime victim.] Confirmation.--The law
enforcement agency responding to or investigating an incident
shall indicate on the police report that the information
required under subsection (b) was provided to the direct victim
or, if appropriate, a member of the direct victim's family.
(f) Notice in personal injury rights crimes.--
(1) In personal injury rights crimes, the law
enforcement agency shall make reasonable efforts to notify
the victim of the arrest of the suspect and of the filing or
forwarding of a complaint relating to the crime as soon as
possible. Unless the victim cannot be located, notice of the
arrest shall be provided not more than 24 hours after the
preliminary arraignment. In cases alleging delinquency,
notice of the filing or forwarding of a complaint shall be
provided not more than 24 hours after the complaint has been
filed or forwarded to the juvenile probation office or
district attorney.
(2) In personal injury rights crimes, a law enforcement
agency, sheriff, deputy sheriff or constable shall notify the
victim of an inmate's escape from the custody of the law
enforcement agency, sheriff, deputy sheriff or constable.
* * *
Section 213. Responsibilities of prosecutor's office.
(a) Forms.--The prosecutor's office shall provide the victim
of a personal injury rights crime with all forms developed
pursuant to sections 214 and 215 with exception to State cases,
whereupon the victim advocate shall provide all necessary forms .
(b) Pleading.--In a personal injury rights crime or
burglary, the prosecutor's office shall provide notice of and
offer the opportunity to submit prior comment on the potential
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reduction or dropping of any charge or changing of a plea, a
diversion of any case, including informal adjustment and consent
decree, unless such notice is provided by the juvenile probation
office.
* * *
(d) Release.--[In a personal injury crime, the prosecutor's
office shall provide notice of the opportunity to submit input
into State correctional release decisions, to receive notice of
any release of an adult from a State or local correctional
facility and to receive notice of the commitment to a mental
health institution from a State or local correctional
institution.] The following shall apply:
(1) In a personal injury rights crime, the prosecutor's
office shall provide the victim advocate with victim
information on all personal injury cases when a State
sentence is imposed:
(i) so the victim advocate may provide notice of
opportunity to submit input into State correctional
release decisions;
(ii) to provide notice of any release of an adult
from a State correctional institution; and
(iii) to provide notice of the commitment to a
mental health institution from a State correctional
institution.
(2) In a personal injury rights crime, the prosecutor's
office shall provide notice of any release of an adult from a
local correctional institution and provide notice of the
commitment to a mental health institution from a local
correctional institution.
(3) Except as otherwise provided by law, in no case may
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the victim advocate waive the confidentiality of a victim.
* * *
(e) Disposition.--In a personal injury rights crime, if the
prosecutor's office has advance notice of dispositional
proceeding, the prosecutor shall make reasonable efforts to
notify a victim of the time and place of the proceeding.
(f) Notice.--The prosecutor's office shall provide all of
the following to the victim:
(1) Upon request of the victim, notice of the
disposition and sentence of an adult, including sentence
modifications.
(2) Upon request in a personal injury rights crime,
reasonable attempts to notify the victim as soon as possible
when the adult is released from incarceration at sentencing.
(3) If the prosecutor's office is prosecuting a personal
injury rights crime, notice prior to the entry of a consent
decree.
(4) Prior notice of delinquency adjudication hearings
unless such hearings are scheduled by the juvenile probation
office.
(5) Notification of hearings related to the transfer of
a juvenile to and from criminal proceedings.
(6) Upon request in a personal injury rights crime,
notice of the filing, hearing or disposition of appeals.
(7) Notice of the details of the final disposition of
their case consistent with 42 Pa.C.S. § 6336(f) (relating to
conduct of hearings) unless provided by the juvenile
probation office.
(g) Assistance.--The prosecutor's office shall provide
assistance to the victim in all of the following:
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(1) Preparation of statements under section 201(5).
(2) Preparation of, submission of and follow-up on
financial assistance claims filed with the [bureau] Office of
Victims' Services.
(3) Notification to the victim advocate on behalf of the
victim for personal injury rights crimes if the offender is
sentenced to a State correctional institution.
* * *
Section 216. Responsibilities of juvenile probation office.
* * *
(b) Additional notice in cases involving a personal injury
rights crime or burglary.--In cases involving a personal injury
rights crime or burglary, the juvenile probation office shall
provide notice and the opportunity to provide prior comment on
the potential reduction or dropping of a charge or diversion of
any case, including informal adjustment and consent decree,
unless such notice and opportunity is provided by the
prosecutor's office. Upon request, the victim shall also receive
notification of a review of disposition hearing.
* * *
(d) Postdisposition notice.--Upon the request of the victim
of a personal injury rights crime, the juvenile probation office
shall:
(1) Provide prior notice to the victim when an
adjudicated delinquent ordered into residential placement or
official detention will be granted temporary leave or home
pass or release.
(2) Notify the victim of a proposed release or transfer
of an adjudicated delinquent from placement that is contrary
to a previous court order or placement plan approved at a
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disposition review hearing and shall extend the victim the
opportunity to provide a written objection prior to the
release or transfer of the juvenile from placement.
(3) Notify the victim immediately of a juvenile's escape
from official detention or failure to return from temporary
leave or home pass and of the juvenile's subsequent
apprehension.
(4) Notify the victim of the termination of the juvenile
court jurisdiction.
(5) Provide the opportunity to submit written comment
and of their right to provide oral testimony at a disposition
review hearing.
Section 4. Section 301(c) of the act is amended and the
section is amended by adding a subsection to read:
Section 301. Office.
* * *
(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. The home address of an
employee of the office shall not be considered a public record
under the act of February 14, 2008 (P.L.6, No.3), known as the
Right-to-Know Law. Financial records and aggregated data, of and
relating to the office, as defined in the Right-to-Know Law,
shall remain subject to the Right-to-Know Law, provided that no
record or data identifying an individual victim may be released.
(d) Disclosure and confidentiality.--
(1) Each record pertaining to the victim in the
possession of or maintained by the office, including
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information regarding a victim's current contact information
and any other information or record relating to the victim,
shall be private, confidential and privileged and the
property of the office and shall not be subject to access
under the Right-to-Know Law. A record of the office may not
be subject to subpoena or discovery, introduced into evidence
in a judicial or administrative proceeding or released to the
inmate, parolee or probationer.
(2) Unless a victim waives the privilege in a signed
writing prior to testimony or disclosure, an employee of the
office may not be competent nor permitted to testify or to
otherwise disclose confidential communications made to or by
the employee of the office. The privilege shall terminate
upon the death of the victim. Neither the employee of the
office nor the victim shall waive the privilege of
confidential communications by reporting facts of physical or
sexual assault under 23 Pa.C.S. Ch. 63 (relating to child
protective services), a Federal or State mandatory reporting
statute or a local mandatory reporting ordinance.
Section 5. Section 302(5) of the act is amended and the
section is amended by adding paragraphs to read:
Section 302. Powers and duties of victim advocate.
The victim advocate has the following powers and duties:
* * *
(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] To address the
interests of all victims before the board, department or
hearing examiner concerning any issues determined appropriate
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by the victim advocate.
(6) To ensure that eligible victims are informed of the
Address Confidentiality Program under 23 Pa.C.S. Ch. 67
(relating to domestic and sexual violence victim address
confidentiality).
(7) To advocate for the interests of crime victims
generally, including the victims of crimes committed by
juveniles.
Section 6. Section 312(3) of the act is amended to read:
Section 312. Powers and duties of Office of Victims' Services.
The Office of Victims' Services, subject to approval of the
commission, has the following powers and duties:
* * *
(3) [To adopt, promulgate, amend and rescind suitable
rules and regulations to carry out the provisions and
purposes of Chapter 7. These regulations shall provide for
the approval of attorney fees for representation before the
Office of Victims' Services, a hearing examiner or before the
Commonwealth Court upon judicial review under section 705.
Awards of the attorney fees shall be in addition to awards
made to direct victims. Awards of attorney fees shall in no
case exceed 15% of the award to the direct victim or victims.
It shall be unlawful for an attorney to contract for or
receive any sum larger than the amount allowed. Regulations
under this paragraph shall include policies, procedures and
standards of review regarding claims for compensation;
approval or denial of claims, including contributory conduct
by direct victims; verification of information and documents;
prioritization of review; and all other matters related to
the processing.] To adopt, promulgate, amend and rescind
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suitable regulations to carry out the provisions and purposes
of Chapter 7. The regulations shall provide for the
following:
(i) The approval of attorney fees for representation
before the Office of Victims' Services, a hearing
examiner or before Commonwealth Court upon judicial
review under section 705. Awards of the attorney fees
shall be in addition to awards made to direct victims or
claimants. Awards of attorney fees may not exceed 15% of
the award to the direct victim or claimants. It shall be
unlawful for an attorney to contract for or receive a sum
larger than the amount allowed under this subparagraph.
(ii) Policies, procedures and standards of review
regarding claims for compensation.
(iii) Approval or denial of claims, including
contributory conduct by direct victims.
(iv) Verification of information and documents.
(v) Prioritization of review.
(vi) All other matters related to the processing of
claims.
* * *
Section 7. Section 701(a) of the act is amended by adding
paragraphs to read:
Section 701. Persons eligible for compensation.
(a) General rule.--Except as otherwise provided in this act,
the following persons shall be eligible for compensation:
* * *
(7) Hospitals or other licensed health care providers
under section 707(h).
(8) A person eligible for counseling under this chapter.
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* * *
Section 8. Sections 702(b), (b.1) and (c), 703, 704(b)(1)
and (e) and 706(a)(1) and (b) of the act are amended to read:
Section 702. Filing of claims for compensation.
* * *
(b) Time.--
(1) Except as set forth in paragraph (2), a claim must
be filed not later than [two] five years after the discovery
of the occurrence of the crime upon which the claim is based
or not later than [two] five years after the death of the
direct victim or intervenor as a result of the crime or the
discovery and identification of the body of a murder victim.
(2) Exceptions shall be as follows:
(ii) If a direct victim is under 18 years of age at
the time of the occurrence of the crime and the alleged
offender is the direct victim's parent or a person
responsible for the direct victim's welfare, an
individual residing in the same home as the direct victim
or a paramour of the direct victim's parent, all of the
following shall apply:
(A) The limitation period under this subsection
is tolled until the direct victim reaches 21 years of
age.
(B) The limitation period shall run until the
later of:
(I) the end of the limitation period for the
offense as set forth in 42 Pa.C.S. Ch. 55 Subch.
C (relating to criminal proceedings); or
(II) the end of the limitation period under
paragraph (1).
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(ii.1) If a direct victim is under 18 years of age
at the time of the occurrence of the crime and the direct
victim is seeking reimbursement for counseling services
only, all of the following shall apply:
(A) The limitation period under this subsection
is tolled until the direct victim reaches 21 years of
age.
(B) The limitation period shall run until the
later of:
(I) the end of the limitation period for the
offense as set forth in 42 Pa.C.S. Ch. 55 Subch.
C; or
(II) the end of the limitation period under
paragraph (1).
(iii) The Office of Victims ' Services may find good
cause to accept a claim beyond the limitation period
under paragraph (1) if one of the following circumstances
existed at the time of the occurrence of the crime or the
discovery of the occurrence of the crime:
(A) The direct victim, intervenor or claimant
was mentally or physically incapacitated.
(B) The victim was a minor.
(C) There was a fear of retaliation.
(D) The occurrence of the crime was not readily
apparent.
(E) Other circumstances when good cause is shown
by the claimant.
(b.1) Returned claims.--If a claim has been filed but
subsequently returned to the claimant for correction or for
additional verification or information, the date the claim was
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first received by the [bureau] Office of Victims' Services shall
be the permanent filing date for purposes of subsection (b). The
correction or additional verification or information must be
filed within a period of time established by the Office of
Victims' Services.
(c) Manner.--Claims must be filed with the [bureau] Office
of Victims' Services in person, by mail or by any electronic
means authorized by the Office of Victims' Services.
Section 703. Minimum allowable claim.
(a) General rule.--Except as set forth in subsection (b), no
award shall be made on a claim unless the claimant has incurred
an aggregate minimum out-of-pocket loss, loss of earnings or
loss of support of [$100] $50.
(b) Exception.--Subsection (a) shall not apply if the direct
victim or claimant was 60 years of age or older at the time the
crime occurred.
Section 704. Determination of claims.
* * *
(b) Review.--
(1) The Office of Victims' Services shall review the
claim and all supporting documents and investigate the
validity of the claim. The investigation shall include an
examination of police, court and official records and reports
concerning the crime and may include an examination of
medical and hospital reports relating to the injury upon
which the claim is based. The Office of Victims' Services may
not request or review counseling notes of mental health
service providers. The Office of Victims' Services shall
request an assessment from the mental health service provider
as to the extent the service provided is needed as a direct
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result of the crime.
* * *
(e) Records.--The Office of Victims' Services shall maintain
complete records and histories on all claims filed, supplemental
awards paid to claimants, claims status and third-party
entitlements and recoveries in accordance with the commission's
established records retention schedule.
Section 706. Emergency awards.
(a) Authorization.--Notwithstanding the provisions of
sections 704 and 707, if it appears to the Office of Victims'
Services that the claim is one with respect to which an award
probably will be made and that undue hardship will result to the
claimant if immediate payment is not made, the Office of
Victims' Services may make an emergency award to the claimant
pending a final decision in the case. The following shall apply:
(1) The total amount of the emergency award shall not
exceed [$1,500 per claim or at] a rate set by the Office of
Victims' Services.
* * *
(b) Reconsideration.--The Office of Victims' Services may
reconsider an emergency award at any time prior to the final
decision in the case and increase previous orders for emergency
compensation up to the overall limit of [$1,500 per claim or at]
a rate set by the Office of Victims' Services.
* * *
Section 9. Section 707(a)(3) and (4), (a.1), (b)(1), (2),
(4) and (4.1), (f)(1) and (3) and (g) of the act are amended,
subsection (f) is amended by adding a paragraph and the section
is amended by adding a subsection to read:
Section 707. Awards.
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(a) Requirements.--No award shall be made unless it is
determined by a preponderance of the evidence that:
* * *
(3) The crime was promptly reported to the proper
authorities. [In no case may an award be made if the record
shows that the report was made more than 72 hours after the
occurrence of the crime unless:
(i) the victim is under 18 years of age at the time
of the occurrence of the crime and the alleged offender
is the victim's parent or a person responsible for the
victim's welfare, an individual residing in the same home
as the victim or a paramour of the victim's parent; or
(ii) the Office of Victims' Services finds the delay
to have been justified, consistent with bureau
regulations.]
(4) The direct victim, intervenor or claimant has fully
cooperated with all law enforcement agencies and the Office
of Victims' Services, unless the Office of Victims' Services
finds the noncompliance to have been justified consistent
with the Office of Victims' Services regulations. The Office
of Victims' Services shall ensure that the regulations
relating to cooperation with all law enforcement agencies of
a direct victim, intervenor or claimant comply with all
applicable Federal laws and regulations.
(a.1) Protection from abuse.--A claimant who satisfies the
eligibility requirements of subsection (a)(1), (2) and (4) may
satisfy the eligibility requirement under subsection (a)(3) for
reporting a crime to the proper authorities by commencing an
action brought in accordance with 23 Pa.C.S. Ch. 61 (relating to
protection from abuse) and as provided for in the Pennsylvania
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Rules of Civil Procedure. In no case may an award be made if the
record shows that the petition was:
(1) Withdrawn, unless the Office of [Victim] Victims'
Services finds the withdrawal to have been justified,
consistent with regulations of the Office of [Victim]
Victims' Services.
(2) [Filed more than 72 hours after the occurrence of
the criminal conduct leading to the commencement of the
action, unless:
(i) the victim is under 18 years of age at the time
of the occurrence of the criminal conduct and the alleged
offender is the victim's parent or a person responsible
for the victim's welfare, an individual residing in the
same home as the victim or a paramour of the victim's
parent; or
(ii) the Office of Victim Services finds the delay
to have been justified, consistent with regulations of
the Office of Victim Services.] (Reserved).
(a.2) Sexual violence and intimidation orders.--A claimant
who satisfies the eligibility requirements of subsection (a)(1),
(2) and (4) may satisfy the eligibility requirement under
subsection (a)(3) for reporting a crime to the proper
authorities by commencing an action brought in accordance with
42 Pa.C.S. Ch. 62A (relating to protection of victims of sexual
violence or intimidation) and as provided for in the
Pennsylvania Rules of Civil Procedure. An award may not be made
if the record shows that the petition was withdrawn, except if
the Office of Victims' Services finds the withdrawal to have
been justified, consistent with regulations of the Office of
Victims' Services.
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(b) Amount.--
(1) Any award made under this chapter shall be
contingent upon funds being available and be in an amount not
exceeding out-of-pocket loss, together with loss of past,
present or future earnings or support resulting from such
injury. In no case shall the total amount of an award exceed
$35,000 except for payment of the following:
(i) counseling, the maximum amount of which shall be
in accordance with paragraph (4.1);
(ii) forensic rape examination and medications
directly related to the sexual assault or rape, the
amount of which shall not exceed $1,000; or
(iii) reasonable and necessary costs of cleaning the
crime scene of a private residence or privately owned
motor vehicle, the amount of which shall not exceed $500.
(2) An award made for loss of earnings or loss of
support shall, unless reduced pursuant to other provisions of
this chapter, be in an amount equal to the actual loss
sustained. The following shall apply:
(i) No such award shall exceed the average weekly
wage for all persons covered by the act of December 5,
1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the
Unemployment Compensation Law, in this Commonwealth as
determined annually by the Department of Labor and
Industry for each week of lost earnings or support.
(ii) Except as set forth in subparagraph (iii), the
aggregate award for the loss shall not exceed $15,000.
(iii) In the case of death of a direct victim or
intervenor, the aggregate award shall not exceed $20,000.
* * *
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(4) An award for counseling performed by or under the
supervision of a psychiatrist, psychologist, licensed
professional counselor or licensed social worker and
reimbursement of associated transportation costs, subject to
the provisions of paragraph (4.1), may be made to:
(i) a direct victim;
(ii) an individual responsible for the direct
victim's welfare;
(iii) an intervenor or individual who is physically
present at the crime scene and witnesses a violent crime;
(iv) in the case of a homicide, an individual who
discovers the body;
(v) anyone related to the direct victim within the
second degree of consanguinity or affinity;
(vi) anyone maintaining a common-law relationship
with the direct victim;
(vii) anyone residing in the same household with the
direct victim; or
(viii) anyone engaged to be married to the direct
victim.
(4.1) In the case of an award made pursuant to paragraph
(4), the following shall apply:
(i) The amount of an award under paragraph (4)(i)
shall not exceed $5,000 where the direct victim is an
adult and shall not exceed $10,000 where the direct
victim is a minor. A minor who is a direct victim of a
sexual offense may request that the minor's primary
insurance carrier not be billed for counseling services
if the policy is held or administered by either the
alleged perpetrator of the crime against the direct
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victim or an individual responsible for the minor's
welfare that is not supportive of counseling services.
(ii) The amount of an award under paragraph (4)(ii),
(v), (vi), (vii) or (viii) shall not exceed $2,500 except
in the case of a homicide whereby the amount of this
award shall not exceed $5,000.
(iii) The amount of an award under paragraph (4)
(iii) or (iv) shall not exceed $1,500.
* * *
(f) Direct victim responsibility.--
(1) Except as set forth in paragraphs (2) [and], (3) and
(4), in determining the amount of an award, the Office of
Victims' Services shall determine whether the direct victim
or intervenor, because of conduct, contributed to the
infliction of the injury. The Office of Victims' Services
[shall] may reduce the amount or deny the claim altogether in
accordance with the determination.
* * *
(3) If the crime involved is a homicide, the conduct of
the direct victim shall not be considered for claims by
eligible claimants for counseling[.] and funeral expenses.
Funeral expenses eligibility, if the conduct of the direct
victim is a factor.
(4) The conduct of the direct victim or intervenor shall
not be considered for claims by eligible claimants for
counseling.
(g) Intervenor responsibility.--In determining the amount of
an award to an intervenor, the Office of Victims' Services [may]
shall consider whether the intervenor, because of conduct,
contributed to the infliction of the injury. The Office of
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Victims' Services [shall] may reduce the amount or deny the
claim altogether in accordance with the determination.
* * *
Section 10. Sections 709(a), 901, 1101(b), 1102(a), (b), (c)
and (d) and, 1301(b) and 1304(a) and (b) of the act are amended
to read:
Section 709. Confidentiality of records.
(a) General rule.--All reports, records or other information
obtained or produced by the [bureau] Office of Victims' Services
during the processing or investigation of a claim shall be
confidential and privileged, shall not be subject to subpoena or
discovery, shall be used for no purpose other than the
processing of a claim and, except as otherwise provided by law
or as provided in this section, shall not be introduced into
evidence in any judicial or administrative proceeding.
* * *
Section 901. Eligibility of victims.
A victim has the rights and is eligible for the services
under sections 201 and 902 only if the victim reported the crime
to law enforcement authorities without unreasonable delay after
[its] the occurrence of the crime or the discovery of the
occurrence of the crime, unless the victim had a reasonable
excuse not to do so.
Section 1101. Costs.
* * *
(b) Disposition.--
[(1) There is established a special nonlapsing fund,
known as the Crime Victim's Compensation Fund. This fund
shall be used by the Office of Victims' Services for payment
to claimants and technical assistance. Thirty-five dollars of
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the costs imposed under subsection (a)(1) and (2) plus 30% of
the costs imposed under subsection (a)(1) which exceed $60
shall be paid into this fund. All costs imposed under
subsection (a)(3) shall be paid into this fund.
(2) There is established a special nonlapsing fund,
known as the Victim Witness Services Fund. This fund shall be
used by the commission for victim-witness services and
technical assistance in nonvictim compensation-related areas
in accordance with this section. Twenty-five dollars of the
costs imposed under subsection (a)(1) and (2) plus 70% of the
costs imposed under subsection (a)(1) and (2) which exceed
$60 shall be paid into this fund.]
(3) The Crime Victim Services and Compensation Fund is
established as a special nonlapsing fund. The fund shall be
used by the Office of Victims' Services for payment to
claimants, victim-witness services and technical assistance.
(4) Costs imposed under subsection (a) shall be paid
into the Crime Victim Services and Compensation Fund except
that 70% of any costs which exceed $60 shall be paid into a
local victim services fund, established and administered by
the county treasurer of each county. The county treasurer
shall disperse money from a local victim services fund at the
discretion of the county district attorney. The money in the
local victim services fund shall be used only for victim
services. Each county treasurer shall by August 31 of each
year provide the commission with an annual statement which
fully reflects all collections deposited into and
expenditures from the local victim services fund for the
preceding fiscal year. The commission, as advised by the
Victim Services Advisory Committee, shall develop guidelines
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for the administration of the local victim services funds.
* * *
Section 1102. Costs for offender supervision programs.
(a) County fund.--The county treasurer of each county shall
establish and administer a [county offender supervision fund]
County Supervision Fee Restricted Receipts Account consisting of
the fees collected under this section. The county treasurer
shall disperse money from this [fund] account only at the
discretion of the president judge of the court of common pleas.
The money in this [fund] account shall be used to pay the
salaries and employee benefits of all probation and parole
personnel employed by the county probation and parole department
and the training and operational expenses of that department.
Money from this [fund] account shall be used to supplement
Federal, State or county appropriations for the county adult
probation and parole department. The president judge shall by
August 31 provide the [board] commission with an annual
statement [which] that fully reflects all collections deposited
into and expenditures from the [offender supervision fund]
County Supervision Fee Restricted Receipts Account for the
preceding fiscal year. The commission may randomly audit and
monitor account recipients to ensure the appropriate use of
funds and compliance with the provisions of this section. The
[board] commission shall promulgate regulations to provide for
the permanent administration of this program, as advised by the
County Adult Probation and Parole Advisory Committee.
(b) State fund.--There is established a State Offender
Supervision Fund to be administered by the board and comprised
of the supervision fees collected by the board under [this
section] subsection (d). The money in this fund shall be used to
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supplement the Federal or State funds appropriated for the
improvement of [adult probation services] State parole
supervision.
(c) Court.--The court shall impose as a condition of
supervision a monthly supervision fee of at least $25 on any
offender placed on probation, parole, accelerated rehabilitative
disposition, probation without verdict or intermediate
punishment unless the court finds that the fee should be
reduced, waived or deferred based on the offender's present
inability to pay. [Of the fee collected, 50%] All of the fees
shall be deposited into the County [Offender Supervision Fund]
Supervision Fee Restricted Receipts Account established in each
county pursuant to this section[, and the remaining 50% shall be
deposited into the State Offender Supervision Fund established
pursuant to this section]. In the discretion of the Auditor
General, but no less than once every three years, the Auditor
General shall conduct an audit of the account.
(d) Board.--The board shall impose as a condition of
supervision a monthly supervision fee of at least $25 on any
offender under the board's supervision unless the board finds
that such fee should be reduced, waived or deferred based on the
offender's present inability to pay. All fees collected shall be
deposited into the State Offender Supervision Fund [established
under subsection (b)].
* * *
Section 1301. Subrogation.
* * *
(b) Excess.--If an amount greater than that paid under
Chapter 7 is recovered and collected in such an action, the
Commonwealth shall pay the balance to the claimant. The Attorney
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General shall enforce any subrogation. A claimant who fails to
notify the Office of Victims' Services of the receipt of funds
from any other claim or award arising out of the crime shall
forfeit and pay to the Commonwealth an amount equal to all
awards paid by the [bureau] Office of Victims' Services to the
claimant or on the claimant's behalf.
Section 1304. Revictimization relief.
(a) Action.--In addition to any other right of action and
any other remedy provided by law, a victim of a personal injury
rights crime may bring a civil action against an offender in any
court of competent jurisdiction to obtain injunctive and other
appropriate relief, including reasonable attorney fees and other
costs associated with the litigation, for conduct which
perpetuates the continuing effect of the crime on the victim.
(b) Redress on behalf of victim.--The district attorney of
the county in which a personal injury rights crime took place or
the Attorney General, after consulting with the district
attorney, may institute a civil action against an offender for
injunctive or other appropriate relief for conduct which
perpetuates the continuing effect of the crime on the victim.
* * *
Section 11. All money in the Crime Victim's Compensation
Fund and the Victim Witness Services Fund shall be transferred
to the Crime Victim Services and Compensation Fund.
Section 12. This act shall take effect as follows:
(1) The following shall take effect immediately:
(i) The amendment of section 1101(b) of the act.
(ii) Section 11 of this act.
(iii) This section.
(2) The remainder of this act shall take effect in 60
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days six months.
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