S0502B0693A03695 MSP:JMT 11/08/19 #90 A03695
AMENDMENTS TO SENATE BILL NO. 502
Sponsor: REPRESENTATIVE KAUFFMAN
Printer's No. 693
Amend Bill, page 1, line 14, by inserting after "Services;"
in parole advocacy, further providing for preparole
notification to victim and for petitions to deny parole upon
expiration of minimum sentence;
Amend Bill, page 1, line 25, by striking out ""family,""
Amend Bill, page 3, lines 27 through 30; page 4, lines 1
through 3; by striking out all of said lines on said pages
Amend Bill, page 6, line 9, by inserting a bracket before
"or"
Amend Bill, page 6, line 9, by inserting after "threat"
], solicitation or conspiracy
Amend Bill, page 6, by inserting between lines 13 and 14
18 Pa.C.S. Ch. 28 (relating to antihazing).
Amend Bill, page 6, by inserting between lines 14 and 15
18 Pa.C.S. Ch. 30 (relating to human trafficking).
Amend Bill, page 6, by inserting between lines 20 and 21
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).
Amend Bill, page 11, line 18, by striking out "301(c)" and
inserting
301(a) and (c)
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Amend Bill, page 11, line 18, by striking out "is" and
inserting
are
Amend Bill, page 11, line 19, by striking out "a subsection"
and inserting
subsections
Amend Bill, page 11, by inserting between lines 20 and 21
(a) Establishment.--There is established within the [board]
department the Office of Victim Advocate to represent 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. The office shall function
independently of the department regarding all of the office's
decision-making functions, as well as any other powers and
duties specified in law.
Amend Bill, page 11, line 23, by inserting a bracket before
"the" where it occurs the first time
Amend Bill, page 11, line 23, by inserting after "board"
] office space provided by the department
Amend Bill, page 11, line 24, by inserting a bracket before
"available"
Amend Bill, page 11, line 26, by inserting a bracket after
"Board."
Amend Bill, page 11, lines 26 through 30, by striking out
"The home address of an" in line 26 and all of lines 27 through
30 and inserting
furnished by the department. Legal counsel for the office
shall be appointed in accordance with the act of October 15,
1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act.
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.
(d) Procedure for removal.--
(1) The victim advocate may be removed for cause by the
Governor, by and with the advice and consent of a majority of
the members of the Senate.
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(2) During a recess of the Senate, the Governor may
suspend the victim advocate for cause, and before suspension,
the Governor shall furnish to the victim advocate a statement
in writing of the reasons for the proposed suspension. The
suspension shall operate and be effective only until the
adjournment of the next session of the Senate following the
suspension.
(e) Disclosure and confidentiality.--
Amend Bill, page 14, by inserting between lines 23 and 24
Section 6.1. Sections 501(a) and (b) and 502(b) of the act
are amended to read:
Section 501. Preparole notification to victim.
(a) Persons to be notified.--No later than 90 days prior to
the parole date of an offender, the victim advocate shall notify
the victim of the offense for which the offender was sentenced,
the [parent or] parents and any legal guardian of a victim who
is a minor or a member of the family if the victim is incapable
of communicating or has died and shall provide the appropriate
person or persons with an opportunity each to submit a preparole
statement expressing concerns or recommendations regarding the
parole or parole supervision of the offender.
(b) Enrollment.--A victim [or] and any member of the family
who intends to submit a preparole statement regarding the parole
or parole supervision of the offender is responsible for
notifying the victim advocate of the victim's or family member's
intent [to submit a preparole statement regarding the parole or
parole supervision of the offender]. The notice shall include a
mailing address or change of address notification.
* * *
Section 502. Petitions to deny parole upon expiration of
minimum sentence.
* * *
(b) Appearance.--The victim [or] and the victim's
representative shall be permitted to appear in person and
provide testimony before the panel or the majority of those
board members charged with making the parole release decision
or, in the alternative, the victim's [or] and victim's
representative's testimony may be presented by electronic means
as provided by the board. The testimony of a victim [or] and
victim's representative shall be confidential. Records
maintained by the department and the board pertaining to victims
shall be kept separate from other records, and these victim
records, including current address, telephone number and any
other personal information of the victim and family members,
shall be deemed confidential.
* * *
Amend Bill, page 18, line 28, by striking out "(a.1)(2)" and
inserting
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(a.1)
Amend Bill, page 19, line 26, by striking out all of said
line and inserting
(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.
Amend Bill, page 20, line 15, by striking out ". An award may
not" and inserting
and as provided for in the Pennsylvania Rules of Civil
Procedure. In no case may an award
Amend Bill, page 22, line 17, by striking out "prior to
January 2, 2005,"
Amend Bill, page 24, line 3, by striking out "and" and
inserting a comma
Amend Bill, page 24, line 3, by inserting after "901"
and 1101(b)
Amend Bill, page 24, lines 22 and 23, by striking out all of
said lines
Amend Bill, page 24, lines 27 through 30; page 25, lines 1
through 5; by striking out all of said lines on said pages and
inserting
[(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
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
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$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
for the administration of the local victim services funds.
Amend Bill, page 25, line 7, by striking out "12" and
inserting
11
Amend Bill, page 27, line 14, by striking out all of said
line and inserting
Section 12. 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 13. This act shall take effect as follows:
(1) The following shall take effect on July 1, 2020:
(i) The addition of section 1011(b)(3) and (4) of
the act.
(ii) The repeal of section 1011(b)(1) and (2) of the
act.
(iii) Section 12 of this act.
(2) The remainder of the act shall take effect in 60
days.
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