PRINTER'S NO. 1658
No. 1412 Session of 2001
INTRODUCED BY FEESE, CAPPELLI, ARGALL, M. BAKER, BEBKO-JONES,
BELARDI, BLAUM, BROWNE, BUNT, CALTAGIRONE, CLARK, CLYMER,
L. I. COHEN, CREIGHTON, DALEY, DALLY, DeWEESE, FAIRCHILD,
FRANKEL, GABIG, GEIST, GEORGE, GODSHALL, GRUCELA, HARHAI,
HARPER, HENNESSEY, JAMES, KREBS, LEDERER, LEH, LEWIS, LYNCH,
MACKERETH, MANDERINO, MANN, MARSICO, McCALL, McILHATTAN,
R. MILLER, S. MILLER, MUNDY, NICKOL, PETRARCA, RAYMOND,
READSHAW, ROEBUCK, SATHER, SAYLOR, SCRIMENTI, SEMMEL, SHANER,
B. SMITH, STERN, T. STEVENSON, STURLA, SURRA, E. Z. TAYLOR,
J. TAYLOR, TIGUE, WATSON, WILT, WOJNAROSKI AND YOUNGBLOOD,
APRIL 24, 2001
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 24, 2001
AN ACT
1 Amending the act of November 24, 1998 (P.L.882, No.111),
2 entitled "An act providing for victims' rights; imposing
3 penalties; establishing remedies; establishing the Office of
4 Victim Advocate, the Bureau of Victims' Services, the
5 Victims' Services Advisory Committee, the State Offender
6 Supervision Fund and other funds; and making repeals,"
7 further providing for definitions, for responsibilities of
8 State and local law enforcement agencies and for powers and
9 duties of bureau; amending provisions relating to
10 compensation; and further providing for establishment of
11 basic services for victims of crime.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Sections 103 and 212 of the act of November 24,
15 1998 (P.L.882, No.111), known as the Crime Victims Act, amended
16 October 30, 2000 (P.L.641, No.86), are amended to read:
17 Section 103. Definitions.
18 The following words and phrases when used in this act shall
1 have the meanings given to them in this section unless the
2 context clearly indicates otherwise:
3 "Adult." Any of the following:
4 (1) An individual charged with a crime who is 18 years
5 of age or older.
6 (2) An individual who is subject to criminal court
7 jurisdiction following the transfer of a case to criminal
8 proceedings.
9 (3) An individual who is subject to criminal court
10 jurisdiction after having been charged with a crime excluded
11 from the definition of "delinquent act" pursuant to 42
12 Pa.C.S. § 6302 "delinquent act" (2)(i), (ii), (iii) or (v)
13 (relating to definitions).
14 "Board." The Pennsylvania Board of Probation and Parole.
15 "Bureau." The Bureau of Victims' Services in the
16 Pennsylvania Commission on Crime and Delinquency.
17 "Claimant." The person filing a claim under Chapter 7.
18 "Commission." The Pennsylvania Commission on Crime and
19 Delinquency.
20 "Committee." The Victims' Services Advisory Committee
21 established in section 321.
22 "Crime." An act[, including an act resulting in injury
23 intentionally inflicted through the use of a motor vehicle,]
24 which was committed:
25 (1) In this Commonwealth by a person, including a
26 juvenile, without regard to legal exemption or defense which
27 would constitute a crime under:
28 (i) the act of April 14, 1972 (P.L.233, No.64),
29 known as The Controlled Substance, Drug, Device and
30 Cosmetic Act;
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1 (ii) 18 Pa.C.S. (relating to crimes and offenses),
2 30 Pa.C.S. § 5502 (relating to operating watercraft under
3 influence of alcohol or controlled substance) or 5502.1
4 (relating to homicide by watercraft while operating under
5 influence) and 75 Pa.C.S. § 3731 (relating to driving
6 under influence of alcohol or controlled substance), 3732
7 (relating to homicide by vehicle), 3735 (relating to
8 homicide by vehicle while driving under influence),
9 3735.1 (relating to aggravated assault by vehicle while
10 driving under the influence) or 3742 (relating to
11 accidents involving death or personal injury); or
12 (iii) the laws of the United States.
13 (2) Against a resident of this Commonwealth which would
14 be a crime under paragraph (1) but for its occurrence in a
15 [state] location other than this Commonwealth.
16 (3) Against a resident of this Commonwealth which is an
17 act of international terrorism.
18 "Department." The Department of Corrections of the
19 Commonwealth.
20 "Direct victim." An individual against whom a crime has been
21 committed or attempted and who as a direct result of the
22 criminal act or attempt suffers physical or mental injury, death
23 or the loss of earnings under this act. The term shall not
24 include the alleged offender. The term includes a resident of
25 this Commonwealth against whom an act has been committed or
26 attempted which otherwise would constitute a crime as defined in
27 this act but for its occurrence in a [state] location other than
28 this Commonwealth and for which the [person] individual would
29 otherwise be compensated by the crime victim compensation
30 program of the [state] location where the act occurred but for
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1 the ineligibility of such program under the provisions of the
2 Victims of Crime Act of 1984 (Public Law 98-473, 42 U.S.C. §
3 10601 et seq.).
4 "Dispositional proceeding." A proceeding which occurs in
5 open common pleas court which potentially could dispose of the
6 case. The term includes Accelerated Rehabilitative Disposition,
7 pleas, trial and sentence.
8 "Diversionary program." A program which is used to divert
9 the defendant to an alternative form of disposition under the
10 Pennsylvania Rules of Criminal Procedure or statutory authority.
11 The term includes dispositions authorized by Rules 160, 176 and
12 314 of the Pennsylvania Rules of Criminal Procedure and sections
13 17 and 18 of the act of April 14, 1972 (P.L.233, No.64), known
14 as The Controlled Substance, Drug, Device and Cosmetic Act.
15 "Family." When used in reference to an individual:
16 (1) anyone related to that individual within the third
17 degree of consanguinity or affinity;
18 (2) anyone maintaining a common-law relationship with
19 that individual; or
20 (3) anyone residing in the same household with that
21 individual.
22 "Injury." Includes physical or mental damages incurred as a
23 direct result of the crime and aggravation of existing injuries
24 if additional losses can be attributed to the direct result of
25 the crime. [Compensation for mental damages is limited to
26 expenses incurred for psychological or psychiatric services
27 which became necessary as a direct result of the crime.]
28 "International terrorism." Activities which meet all of the
29 following:
30 (1) Involve violent acts or acts dangerous to human life
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1 that are a violation of the criminal laws of the United
2 States or of any state or that would be a criminal violation
3 if committed within the jurisdiction of the United States or
4 of any state.
5 (2) Appear to be intended:
6 (i) to intimidate or coerce a civilian population;
7 (ii) to influence the policy of a government by
8 intimidation or coercion; or
9 (iii) to affect the conduct of a government by
10 assassination or kidnapping.
11 (3) Occur primarily outside of the territorial
12 jurisdiction of the United States or transcend national
13 boundaries in terms of the means by which they are
14 accomplished, the persons they appear intended to intimidate
15 or coerce or the locale in which their perpetrators operate
16 or seek asylum.
17 "Intervenor." An individual who goes to the aid of another
18 and suffers physical or mental injury or death as a direct
19 result of acting not recklessly to prevent the commission of a
20 crime, to lawfully apprehend a person reasonably suspected of
21 having committed such crime or to aid the victim of such crime.
22 "Juvenile." An individual who is alleged or has been
23 determined to be a "delinquent child" as defined in 42 Pa.C.S. §
24 6302 (relating to definitions).
25 "Law enforcement agency." The Pennsylvania State Police and
26 a local law enforcement agency.
27 "Local correctional facility." A jail, prison or detention
28 facility operated by a county or jointly by more than one county
29 and used for the confinement of individuals for safe custody.
30 The term does not include any facility used for the detention or
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1 confinement of juveniles.
2 "Local law enforcement agency." A police department of a
3 city, borough, incorporated town or township.
4 "Loss of earnings." Includes the loss of the cash equivalent
5 of one month's worth of Social Security, railroad retirement,
6 pension plan, retirement plan, disability, veteran's retirement,
7 court-ordered child support or court-ordered spousal support
8 [payment if the payment is] payments if the payments are the
9 primary source of the victim's income and the victim is deprived
10 of [the] money as a direct result of a crime.
11 "Office." The Office of Victim Advocate established in
12 section 302.
13 "Out-of-pocket loss." [The unreimbursed and unreimbursable
14 expenses or indebtedness incurred for medical care, nonmedical
15 remedial care and treatment rendered in accordance with a
16 religious method of healing as approved by the board, or other
17 services. The term includes psychological counseling, prosthetic
18 devices, eyeglasses or other corrective lenses and dental
19 devices reasonably necessary as a result of the injury upon
20 which the claim is based and for which the claimant either has
21 paid or is liable. The term includes expenses for physical
22 examinations and materials used to obtain evidence. The term
23 does not include property damage or pain and suffering.] The
24 term includes the following losses which shall be reimbursed at
25 a rate set by the bureau:
26 (1) expenses for unreimbursed and unreimbursable
27 expenses or indebtedness incurred for medical care,
28 nonmedical remedial care and treatment as approved by the
29 bureau or other services;
30 (2) expenses for psychological counseling, prosthetic
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1 devices, wheelchairs, canes, walkers, hearing aids,
2 eyeglasses or other corrective lenses or dental devices
3 reasonably necessary as a result of the crime upon which the
4 claim is based and for which the claimant either has paid or
5 is liable;
6 (3) expenses related to the reasonable and necessary
7 costs of cleaning the crime scene of a private residence.
8 "Cleaning" means to remove or attempt to remove stains or
9 blood caused by the crime, or other dirt or debris caused by
10 the processing of the crime scene;
11 (4) expenses resulting from the temporary or permanent
12 relocation of a direct victim and individuals residing in the
13 household of the direct victim due to the incident forming
14 the basis of the victim's claim, when there is an immediate
15 need to protect the safety and health of the victim and
16 individuals residing in the household, as verified by a
17 medical provider, human services provider or law enforcement;
18 (5) expenses for physical examinations and materials
19 used to obtain evidence; or
20 (6) other reasonable expenses which are deemed necessary
21 as a direct result of the criminal incident.
22 Except as otherwise provided, the term does not include property
23 damage or pain and suffering.
24 "Personal injury crime." An act, attempt or threat to commit
25 an act which would constitute a misdemeanor or felony under the
26 following:
27 18 Pa.C.S. Ch. 25 (relating to criminal homicide).
28 18 Pa.C.S. Ch. 27 (relating to assault).
29 18 Pa.C.S. Ch. 29 (relating to kidnapping).
30 18 Pa.C.S. Ch. 31 (relating to sexual offenses).
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1 18 Pa.C.S. § 3301 (relating to arson and related
2 offenses).
3 18 Pa.C.S. Ch. 37 (relating to robbery).
4 18 Pa.C.S. Ch. 49 Subch. B (relating to victim and
5 witness intimidation).
6 30 Pa.C.S. § 5502.1 (relating to homicide by watercraft
7 while operating under influence).
8 75 Pa.C.S. § 3731 (relating to driving under influence of
9 alcohol or controlled substance) in cases involving bodily
10 injury.
11 75 Pa.C.S. § 3732 (relating to homicide by vehicle).
12 75 Pa.C.S. § 3735 (relating to homicide by vehicle while
13 driving under influence).
14 75 Pa.C.S. § 3735.1 (relating to aggravated assault by
15 vehicle while driving under the influence).
16 75 Pa.C.S. § 3742 (relating to accidents involving death
17 or personal injury).
18 The term includes violations of any protective order issued as a
19 result of an act related to domestic violence.
20 "Preadjudication disposition." Any of the following:
21 (1) Disposition of an adult without a trial. This
22 paragraph includes accelerated rehabilitative disposition.
23 (2) Disposition of a juvenile prior to an adjudication
24 of delinquency under 42 Pa.C.S. Ch. 63 (relating to juvenile
25 matters), including informal adjustment as set forth in 42
26 Pa.C.S. § 6323 (relating to informal adjustment), and consent
27 decree as set forth in 42 Pa.C.S. § 6340 (relating to consent
28 decree).
29 "Prosecutor's office." The Office of Attorney General or the
30 office of a district attorney of a county.
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1 "Victim." The term means the following:
2 (1) A direct victim.
3 (2) A parent or legal guardian of a child who is a
4 direct victim, except when the parent or legal guardian of
5 the child is the alleged offender.
6 (3) A minor child who is a material witness to any of
7 the following crimes and offenses under 18 Pa.C.S. (relating
8 to crimes and offenses) committed or attempted against a
9 member of the child's family:
10 Chapter 25 (relating to criminal homicide).
11 Section 2702 (relating to aggravated assault).
12 Section 3121 (relating to rape).
13 (4) A family member of a homicide victim, including
14 stepbrothers or stepsisters, stepchildren, stepparents or a
15 fiance, one of whom is to be identified to receive
16 communication as provided for in this act, except where the
17 family member is the alleged offender.
18 "Victim advocate." The victim advocate in the Office of
19 Victim Advocate within the Pennsylvania Board of Probation and
20 Parole.
21 Section 212. Responsibilities of State and local law
22 enforcement agencies.
23 (a) Training.--A law enforcement agency shall insure that
24 all of its officers and employees are familiar with crime
25 victims' compensation as provided for in Chapter 7. Instruction
26 concerning crime victims' compensation shall be made a part of
27 the training curriculum for all trainee officers.
28 (b) Notice.--
29 (1) Law enforcement agencies shall within 48 hours of
30 reporting give notice to the direct victim or, if
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1 appropriate, a member of the direct victim's family of the
2 availability of crime victims' compensation. The notice
3 required under this subsection shall be in writing [and shall
4 include the following paragraph:
5 If you have sustained injury as a direct result of a
6 crime, including drunk driving, or are legally dependent
7 for support upon a person who has sustained physical
8 injury or death as a direct result of a crime or, in the
9 event of a death caused by a crime, you have legally
10 assumed or voluntarily paid the medical or burial
11 expenses incurred as a direct result thereof or if you
12 have sustained a loss of a primary source of income, you
13 may qualify for indemnification by the Commonwealth of
14 Pennsylvania for the out-of-pocket wages, other out-of-
15 pocket losses and medical or burial expenses which you
16 have incurred as a result of the crime. Claims must be
17 filed with the Bureau of Victims' Services for the
18 Commonwealth of Pennsylvania. For further information
19 regarding this program, please contact:
20 (Name, business address and telephone
21 number of the local law enforcement
22 agency)
23 or
24 Bureau of Victims' Services
25 (at the address of the bureau as
26 published from time to time in
27 the Pennsylvania Bulletin)
28 Harrisburg, Pennsylvania
29 Important: The statute provides that, absent certain
30 extenuating circumstances, a claimant has one year from
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1 the date of the crime to file a claim with the Bureau of
2 Victims' Services.] and in a manner and form developed by
3 the bureau.
4 (2) Law enforcement agencies shall provide basic
5 information on the rights and services available for crime
6 victims. The information shall be in writing and shall be
7 provided to the victim within 24 hours of the law enforcement
8 agency's first contact with the victim in a manner and form
9 to be developed by the bureau.
10 (c) Application.--The written notification provided for in
11 subsection [(b)] (b)(1) shall be accompanied by one copy of the
12 application form for crime victims' compensation. Application
13 forms shall be supplied by the bureau to law enforcement
14 agencies. A record of the date of notification shall be
15 maintained by the law enforcement agency. The bureau shall
16 maintain a mailing list of all local law enforcement agencies
17 and provide law enforcement agencies with forms by which they
18 can order additional claim forms. The bureau shall also provide
19 updates to law enforcement agencies on changes which affect
20 their responsibilities under this act.
21 [(d) Information.--Law enforcement agencies are responsible
22 for providing basic information on services available for crime
23 victims. The information shall be in writing and shall be
24 provided to the victim within 24 hours of the law enforcement
25 agency's first contact with the victim in a form to be developed
26 by the commission.]
27 (e) Forms.--The form developed by the [commission] bureau
28 shall be attached to the police report and shall include a
29 victim checkoff signifying that the information has been
30 provided to the crime victim.
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1 (f) Notice in personal injury crimes.--
2 (1) In personal injury crimes, the law enforcement
3 agency shall make reasonable efforts to notify the victim of
4 the arrest of the suspect and of the filing or forwarding of
5 a complaint relating to the crime as soon as possible. Unless
6 the victim cannot be located, notice of the arrest shall be
7 provided not more than 24 hours after the preliminary
8 arraignment. In cases alleging delinquency, notice of the
9 filing or forwarding of a complaint shall be provided not
10 more than 24 hours after the complaint has been filed or
11 forwarded to the juvenile probation office or district
12 attorney.
13 (2) In personal injury crimes, a law enforcement agency,
14 sheriff, deputy sheriff or constable shall notify the victim
15 of an inmate's escape from the custody of the law enforcement
16 agency, sheriff, deputy sheriff or constable.
17 (g) Return of property.--The appropriate law enforcement
18 agency shall return to the victim property seized as evidence if
19 the prosecutor's office determines that the evidence is no
20 longer needed for prosecution.
21 Section 2. Sections 312(7) and (9), 701, 702, 703, 704(d),
22 705, 706, 707, 708, 709, 710 and 902 of the act are amended to
23 read:
24 Section 312. Powers and duties of bureau.
25 The bureau, subject to approval of the commission, has the
26 following powers and duties:
27 * * *
28 (7) To appoint hearing officers authorized to administer
29 oaths or affirmations, to examine any person under oath or
30 affirmation and to issue subpoenas requiring attendance of
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1 witnesses, testimony of witnesses and production of evidence.
2 Except where a claim is determined to be frivolous, [the
3 bureau shall reimburse] claimants shall receive reimbursement
4 at a rate to be determined by the bureau for attending
5 hearings, regardless of the disposition of the claim[, at the
6 rate of 20¢ per mile and at the rate of $20 for each day of
7 hearing].
8 * * *
9 (9) To render each year to the Governor and to the
10 General Assembly a written report of its activities. [In
11 every third annual report, the bureau upon investigation and
12 study shall include its findings and recommendations with
13 respect to the limits on compensation whether or not an
14 increase is being requested. The annual report shall include
15 a summary of an audit by the Auditor General or an
16 independent accounting firm of a statistically valid sample
17 of the amounts paid to direct victims so as to avoid
18 duplications, other possible errors or fraud. The bureau
19 shall formalize agreements with the Auditor General for the
20 provision of the annual audit.]
21 * * *
22 Section 701. Persons eligible for compensation.
23 (a) General rule.--Except as otherwise provided in
24 [subsection (b)] this act, the following persons shall be
25 eligible for compensation:
26 (1) A direct victim.
27 (2) An intervenor.
28 (3) A surviving spouse, parent or child of a deceased
29 direct victim or intervenor.
30 (4) Any other individual dependent for principal support
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1 upon a deceased direct victim or intervenor.
2 [(5) Any individual related to the direct victim who
3 assumes the obligation or who pays the funeral or burial
4 expense incurred as a direct result of the crime or, if no
5 relative assumes the obligation, the person who makes the
6 payment.]
7 (6) Any person who assumes the obligation or who pays
8 for the crime scene cleanup, funeral or burial expenses
9 incurred as a direct result of the crime.
10 (b) Exception.--A person who is criminally responsible for
11 the crime upon which a claim is based or an accomplice of the
12 person shall not be eligible to receive compensation with
13 respect to the claim. A member of the family of the individual
14 who committed the crime shall not be eligible if the offender is
15 living in the same household as the direct victim and will
16 substantially benefit from the award. The Attorney General may
17 at any time sue the offender or the direct victim, or both, to
18 recover the award if the offender benefits from the award.
19 [(c) Family.--If a crime results in death, the spouse,
20 children, parents or siblings of the direct victim who resided
21 within the same household as the direct victim shall be eligible
22 for compensation for the cost of psychological counseling and
23 other reasonable out-of-pocket losses which are deemed necessary
24 as a direct result of the criminal incident.]
25 Section 702. Filing of claims for compensation.
26 (a) General rule.--[A] Except as otherwise provided in this
27 act, a claim for compensation may be filed by an individual
28 eligible for compensation as provided in section 701[.] or as
29 follows:
30 (1) If the individual is a minor, the claim may be filed
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1 by a parent or guardian. If the parent or guardian of a minor
2 who is eligible for compensation is unavailable or fails to
3 assume financial responsibility for the minor's care, a
4 person who assumes financial responsibility for services
5 eligible for compensation may file a claim on behalf of the
6 minor and may receive compensation for eligible services
7 provided to the minor.
8 (2) If the individual is mentally incompetent, the claim
9 may be filed by a guardian or legal representative. If the
10 guardian or legal representative of a mentally incompetent
11 individual who is eligible for compensation is unavailable or
12 fails to assume financial responsibility for the individual's
13 care, a person who assumes financial responsibility for
14 services eligible for compensation may file a claim on behalf
15 of the individual and may receive compensation for eligible
16 services provided to the individual.
17 (b) Time.--
18 (1) Except as set forth in paragraph (2), a claim must
19 be filed not later than [one year] two years after the
20 occurrence of the crime upon which the claim is based or not
21 later than [one year] two years after the death of the direct
22 victim or intervenor as a result of the crime or the
23 discovery and identification of the body of a murder victim.
24 (2) [Extensions] Exceptions shall be as follows:
25 [(i) For good cause, the bureau may extend the time
26 for filing for a period of not more than two years after
27 the occurrence.]
28 (ii) If a direct victim is under 18 years of age at
29 the time of the occurrence of the crime and the alleged
30 offender is the direct victim's parent or a person
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1 responsible for the direct victim's welfare, an
2 individual residing in the same home as the direct victim
3 or a paramour of the direct victim's parent, [the bureau
4 may, for good cause, extend the time for filing for a
5 period of not more than five years after the occurrence.]
6 the time for filing is extended and begins to toll at 21
7 years of age or based on the current statute of
8 limitations, whichever time period is greater.
9 (ii.1) If a direct victim is under 18 years of age
10 at the time of the occurrence of the crime and the direct
11 victim is seeking reimbursement for counseling services
12 only, the filing time is extended and begins to toll when
13 the direct victim reaches 21 years of age or based on the
14 current statute of limitations, whichever time period is
15 greater.
16 [(iii)] (b.1) Returned claims.--If a claim has been
17 filed but subsequently returned to the claimant for
18 correction or for additional verification or information,
19 the date the claim was first received by the bureau shall
20 be the permanent filing date for purposes of [this
21 subsection] subsection (b). The correction or additional
22 verification or information must be filed within [six
23 months of the date of return] a period of time
24 established by the bureau.
25 (c) Manner.--Claims must be filed [in the office of] with
26 the bureau [or by mail] in person, by mail or by any electronic
27 means authorized by the bureau.
28 [(d) Notice.--Upon filing of a claim, the bureau shall
29 promptly notify the district attorney of the county where the
30 crime is alleged to have occurred. If, within ten days after
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1 notification, the district attorney advises the bureau that a
2 criminal prosecution is pending upon the same alleged crime and
3 requests that action by the bureau be deferred, the bureau shall
4 defer all proceedings under this chapter until a trial verdict
5 has been rendered and shall so notify the district attorney and
6 claimant. When a trial verdict has been rendered, the district
7 attorney shall promptly notify the bureau. Nothing in this
8 section shall limit the authority of the bureau to grant
9 emergency awards under section 706.]
10 Section 703. Minimum allowable claim.
11 (a) General rule.--Except as set forth in subsection (b), no
12 award shall be made on a claim unless the claimant has incurred
13 a minimum out-of-pocket loss of $100 [or has lost at least two
14 continuous weeks' earnings or support].
15 (b) Exception.--Subsection (a) shall not apply if the direct
16 victim was 60 years of age or older at the time the crime
17 occurred.
18 Section 704. Determination of claims.
19 * * *
20 (d) Notice.--The bureau shall promptly notify the claimant
21 [and the State Treasurer] of the final decision of the bureau.
22 * * *
23 Section 705. Judicial review.
24 Within 30 days after receipt of a copy of the report
25 containing a final decision of the bureau, the claimant [or the
26 Attorney General] may appeal the final decision of the bureau in
27 the manner provided for appeals from administrative agencies as
28 provided in 2 Pa.C.S. Ch. 7 Subch. A (relating to judicial
29 review of Commonwealth agency action).
30 Section 706. Emergency awards.
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1 (a) Authorization.--Notwithstanding the provisions of
2 sections 704 and 707, if it appears to the bureau that the claim
3 is one with respect to which an award probably will be made and
4 that undue hardship will result to the claimant if immediate
5 payment is not made, the bureau may make an emergency award to
6 the claimant pending a final decision in the case. The following
7 shall apply:
8 (1) The total amount of the emergency award shall not
9 exceed [$1,000 per claim] $1,500 per claim or at a rate set
10 by the bureau.
11 (2) The amount of the emergency award shall be deducted
12 from any final award made to the claimant.
13 (3) The excess of the amount of the emergency award over
14 the amount of the final award or the full amount of the
15 emergency award if no final award is made shall be repaid by
16 the claimant to the bureau.
17 (b) Reconsideration.--The bureau may reconsider an emergency
18 award at any time prior to the final decision in the case and
19 increase previous orders for emergency compensation up to the
20 overall limit of [$1,000 per claim] $1,500 per claim or at a
21 rate set by the bureau.
22 (c) Compilation.--The bureau shall compute the total number
23 and amount of emergency awards given in each fiscal year for
24 inclusion in the annual report.
25 Section 707. Awards.
26 (a) Requirements.--No award shall be made unless it is
27 determined by a preponderance of the evidence that:
28 (1) A crime was committed.
29 (2) The person injured or killed was a direct victim or
30 intervenor.
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1 (3) The crime was promptly reported to the proper
2 authorities. In no case may an award be made if the record
3 shows that the report was made more than 72 hours after the
4 occurrence of the crime unless:
5 (i) the victim is under 18 years of age at the time
6 of the occurrence of the crime and the alleged offender
7 is the victim's parent or a person responsible for the
8 victim's welfare, an individual residing in the same home
9 as the victim or a paramour of the victim's parent; or
10 (ii) the bureau finds the delay to have been
11 justified, consistent with bureau regulations. [The
12 bureau, upon finding that any claimant, direct victim or
13 intervenor has not fully cooperated with all law
14 enforcement agencies, may deny or withdraw any award, as
15 the case may be.]
16 (4) The direct victim, intervenor or claimant has not
17 fully cooperated with all law enforcement agencies and the
18 bureau, unless the bureau finds the noncompliance to have
19 been justified consistent with bureau regulations.
20 (b) Amount.--
21 (1) Any award made under this chapter shall be in an
22 amount not exceeding out-of-pocket loss, together with loss
23 of past, present or future earnings or support resulting from
24 such injury. In no case shall the total amount of an award
25 exceed $35,000[.], except for payment of the following:
26 (i) psychological or psychiatric counseling;
27 (ii) forensic rape examination and medications
28 directly related to the sexual assault or rape; or
29 (iii) reasonable and necessary costs of cleaning the
30 crime scene of a private residence.
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1 (2) An award made for loss of earnings or support shall,
2 unless reduced pursuant to other provisions of this chapter,
3 be in an amount equal to the actual loss sustained. The
4 following shall apply:
5 (i) No such award shall exceed the average weekly
6 wage for all persons covered by the act of December 5,
7 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the
8 Unemployment Compensation Law, in this Commonwealth as
9 determined annually by the Department of Labor and
10 Industry for each week of lost earnings or support.
11 (ii) Except as set forth in subparagraph (iii), the
12 aggregate award for the loss shall not exceed $15,000.
13 (iii) In the case of death of a direct victim or
14 intervenor, the aggregate award shall not exceed $20,000.
15 (3) If an order of restitution has been entered on
16 behalf of the direct victim, those amounts actually collected
17 shall be applied first to property losses incident to the
18 crime and secondly to personal injury losses as set forth in
19 subsection (f).
20 (4) An award for psychological or psychiatric
21 counseling, in an amount to be set by the bureau, may be made
22 to:
23 (i) a direct victim;
24 (ii) an individual responsible for the direct
25 victim's welfare;
26 (iii) an individual who witnesses a violent crime;
27 (iv) in the case of a homicide, an individual who
28 discovers the body;
29 (v) anyone related to the direct victim within the
30 second degree of consanguinity or affinity;
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1 (vi) anyone maintaining a common-law relationship
2 with the direct victim;
3 (vii) anyone residing in the same household with
4 that individual; or
5 (viii) anyone engaged to be married to the direct
6 victim.
7 (5) An award for the reasonable and necessary costs for
8 the replacement of prosthetic devices, wheelchairs, canes,
9 walkers, hearing aids, eyeglasses or other corrective lenses,
10 dental devices or prescription medications damaged or stolen
11 as a result of the crime shall be at a rate set by the
12 bureau. Expenses for prosthetic devices, wheelchairs, canes,
13 walkers, hearing aids, eyeglasses or other corrective lenses,
14 dental devices or prescription medications needed as a result
15 of the crime shall be counted against the $35,000 award
16 limitation.
17 (c) Public assistance.--Provisions of awards made pursuant
18 to a statute compensating or benefiting a direct victim or
19 claimant shall in no way affect the claimant's or direct
20 victim's eligibility under public assistance or any other
21 Federal or Commonwealth social benefit or assistance program.
22 (d) Apportionment.--If there are two or more [persons]
23 individuals entitled to an award as a result of the death of a
24 direct victim or intervenor, the award shall be apportioned
25 among the claimants.
26 (e) Reduction.--Except [for payments or proceeds that are
27 specifically denominated as compensation for dismemberment or
28 loss of an eye] as otherwise provided in this act, an award made
29 under this chapter shall be reduced by the amount of any
30 payments received or to be received by the claimant as a result
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1 of the injury:
2 (1) from or on behalf of the [person] individual who
3 committed the crime;
4 (2) under any insurance or health and welfare programs,
5 including those mandated by law;
6 (3) under any contract of insurance wherein the claimant
7 is the beneficiary;
8 (4) from public funds;
9 (5) as an emergency award under section 706; [or]
10 (6) under any pension program, including those providing
11 for disability or survivor's benefits[.]; or
12 (7) under a settlement or award made by or on behalf of
13 a party alleged to be responsible in whole or in part for the
14 injury, without regard to the party's criminal culpability.
15 (f) Direct victim responsibility.--
16 (1) Except as set forth in [paragraph (2)] paragraphs
17 (2) and (3), in determining the amount of an award, the
18 bureau shall determine whether the direct victim or
19 intervenor, because of conduct, contributed to the infliction
20 of the injury. The bureau shall reduce the amount or deny the
21 claim altogether in accordance with the determination.
22 (2) If the crime involved is rape or sexual assault, the
23 conduct of the direct victim shall not be considered. If the
24 crime involved is related to domestic violence, the conduct
25 of the direct victim shall not be considered unless the
26 direct victim was the primary aggressor.
27 (3) If the crime involved is a homicide, the conduct of
28 the direct victim shall not be considered for claims by
29 eligible claimants for psychological or psychiatric
30 counseling.
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1 (g) Intervenor responsibility.--In determining the amount of
2 an award to an intervenor, the bureau may consider whether the
3 intervenor, because of conduct, contributed to the infliction of
4 the injury. The bureau shall reduce the amount or deny the claim
5 altogether in accordance with the determination.
6 (h) Forensic rape investigation.--
7 (1) A hospital or other licensed health care provider
8 may submit a claim for reimbursement for the cost of a
9 forensic rape examination if the cost is not covered by
10 insurance[, upon approval by the district attorney with
11 jurisdiction of the rape or sexual assault investigation and
12 prosecution. In no event shall the bureau pay an amount to
13 exceed $500 for a forensic rape examination nor $100 for
14 medications directly related to the sexual assault or rape.]
15 or if the victim requests that the insurance carrier not be
16 billed. The reimbursement, where applicable, shall be at a
17 rate set by the bureau.
18 (2) The cost of a forensic rape examination and the cost
19 of medications prescribed to the victim shall not be charged
20 to the victim.
21 (3) A sexual assault or rape victim need not be an
22 applicant for any other compensation under this chapter.
23 Section 708. Manner of payment.
24 (a) Lump sum.--The award shall be paid in a lump sum, except
25 that, in the case of death or protracted disability, the award
26 may provide for periodic payments. No award made under this
27 chapter shall be subject to execution or attachment other than
28 for expenses resulting from the injury which is the basis for
29 the claim. All awards shall be paid by or under the authority of
30 the State Treasurer. An award shall not be considered as
20010H1412B1658 - 23 -
1 compensation taxable as income under Article III of the act of
2 March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of
3 1971. The bureau shall reconsider at least annually every award
4 being paid in installments. The bureau may reconsider a claim at
5 any time and modify or rescind previous orders for compensation
6 based upon a change in financial circumstances of a direct
7 victim or one or more surviving dependents.
8 (b) Medical expenses.--Medical expenses shall be paid to a
9 hospital or other licensed health care provider on behalf of the
10 victim at a rate set by the bureau. If the bureau accepts a
11 claim, the hospital or other licensed health care provider shall
12 accept such payment as payment in full and may not attempt to
13 collect from the victim any amount exceeding the amount of
14 reimbursement made by the bureau.
15 Section 709. Confidentiality of records.
16 [The record of a proceeding before the bureau or a hearing
17 examiner shall be a public record; however, a record or report
18 obtained by the bureau or a hearing examiner, the
19 confidentiality of which is protected by any other law or
20 regulation, shall remain confidential subject to that law or
21 regulation.]
22 (a) General rule.--All reports, records or other information
23 obtained or produced by the bureau during the processing or
24 investigation of a claim shall be confidential and privileged,
25 shall not be subject to subpoena or discovery, shall be used for
26 no purpose other than the processing of a claim and except as
27 otherwise provided by law or as provided in this section, shall
28 not be introduced into evidence in any judicial or
29 administrative proceeding.
30 (b) Disclosure restricted.--No person who has had access to
20010H1412B1658 - 24 -
1 a report, record or any other information under this subsection
2 shall disclose the content of such a report, record or other
3 information or testify in a judicial or administrative
4 proceeding without the written consent of the direct victim or
5 intervenor or, if the direct victim or intervenor is deceased,
6 the claimant.
7 (c) Construction.--This section shall not be construed to
8 preclude or limit introduction of the contents of a report,
9 record or other information in an appeal hearing before the
10 bureau, or in an investigation, prosecution or judicial
11 proceeding enforcing section 1303.
12 Section 710. Responsibilities of employers, service providers
13 and insurance companies.
14 (a) Response.--[Providers] Employers, insurance companies or
15 providers of services to direct victims, intervenors or
16 claimants including, but not limited to, doctors, hospitals[,]
17 and counselors [and insurance companies providing or liable for
18 reimbursement to direct victims or any other claimants], shall
19 respond in writing to the bureau's request for confirmation or
20 other information under this chapter within 30 days of receipt
21 of the bureau's request.
22 (b) Penalty.--Any [provider of services or insurance
23 company] person who fails to respond [within 30 days of receipt
24 of the request] to a request under subsection (a) shall be
25 subject to a [civil] penalty of not more than $50 per day, up to
26 and including the date of compliance.
27 (c) Enforcement.--The office of the district attorney of the
28 county in which the crime occurred and the [Attorney General]
29 bureau shall be charged with enforcement of this section and the
30 collection of penalties, which may be given to local victim
20010H1412B1658 - 25 -
1 service agencies or used for the enforcement and collection of
2 penalties under this section.
3 Section 902. Establishment of basic services for victims of
4 crime.
5 The commission shall provide technical assistance to and make
6 grants to district attorneys [and], other criminal justice
7 agencies or victim service agencies which provide crime victims
8 with the following services:
9 (1) Notification services, including all of the
10 following:
11 (i) Information concerning financial assistance and
12 other social services available as a result of being a
13 victim of crime.
14 (ii) Notification that a court proceeding to which
15 they have been subpoenaed will not go on as scheduled, in
16 order to save the victim an unnecessary trip to court.
17 (iii) Notification of the final disposition of the
18 case.
19 (2) Protection services, including all of the following:
20 (i) Protection from harm and threats of harm arising
21 out of cooperation with law enforcement and prosecution
22 efforts.
23 (ii) A secure waiting area during court proceedings
24 which does not require them to be in close proximity to
25 defendants and families and friends of defendants.
26 (3) Procedures for the expedited return by law
27 enforcement officials of personal property of victims which
28 is held for prosecutorial purposes.
29 (4) Services related to the rights of victims under
30 Chapter 2.
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1 (5) Other services as defined by the commission.
2 Section 3. This act shall take effect in 60 days.
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