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PRINTER'S NO. 1129
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
971
Session of
2017
INTRODUCED BY MASSER, CALTAGIRONE, JAMES, MILLARD, ROZZI,
NEILSON, WARD, D. COSTA AND GILLEN, MARCH 27, 2017
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 27, 2017
AN ACT
Amending the act of November 24, 1998 (P.L.882, No.111),
entitled "An act providing for victims' rights; imposing
penalties; establishing remedies; establishing the Office of
Victim Advocate, the Bureau of Victims' Services, the
Victims' Services Advisory Committee, the State Offender
Supervision Fund and other funds; and making repeals," in
crime victims, further providing for rights; in
administration, further providing for office and for powers
and duties of victim advocate; and, in financial matters,
further providing for costs.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 201 of the act of November 24, 1998
(P.L.882, No.111), known as the Crime Victims Act, is amended by
adding a paragraph to read:
Section 201. Rights.
Victims of crime have the following rights:
* * *
(1.1) To be notified of the Address Confidentiality
Program established under 23 Pa.C.S. § 6703 (relating to
Address Confidentiality Program) if eligible to participate
in the program under 23 Pa.C.S. § 6704 (relating to persons
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eligible to apply).
* * *
Section 2. Section 301(a) of the act is amended to read:
Section 301. Office.
(a) Establishment.--There is established within the board
the Office of Victim Advocate to represent the interests of
crime victims in accordance with 18 Pa.C.S. § 9402 (relating to
Office of Victim Advocate) and before the board or department.
The office shall operate under the direction of the victim
advocate as provided in this section.
* * *
Section 3. Section 302 of the act is amended by adding
paragraphs to read:
Section 302. Powers and duties of victim advocate.
The victim advocate has the following powers and duties:
* * *
(1.1) To advocate for the interests of crime victims
generally, including the victims of crimes committed by
juveniles as set forth in 18 Pa.C.S. § 9402 (relating to
Office of Victim Advocate).
* * *
(6) To ensure crime victims are notified of the Address
Confidentiality Program established under 23 Pa.C.S. § 6703
(relating to Address Confidentiality Program) if eligible to
participate in the program under 23 Pa.C.S. § 6704 (relating
to persons eligible to apply).
Section 4. Section 1101 of the act is amended to read:
Section 1101. Costs.
(a) Imposition.--
(1) A person who pleads guilty or nolo contendere or who
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is convicted of a crime shall, in addition to costs imposed
under 42 Pa.C.S. § 3571(c) (relating to Commonwealth portion
of fines, etc.), pay costs of at least [$60] $110 and may be
sentenced to pay additional costs in an amount up to the
statutory maximum monetary penalty for the offense committed.
(2) A person placed in a diversionary program shall pay
costs of at least [$60] $110 in addition to costs imposed
pursuant to 42 Pa.C.S. § 3571(c).
(3) A juvenile shall pay costs of at least [$25] $35 if
any of the following apply to the case:
(i) There is a consent decree.
(ii) There is an adjudication of delinquency.
(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] Fifty-
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] $110 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] Fifty-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] $110 shall be paid into this fund.
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(c) Payment.--This cost shall be imposed notwithstanding any
statutory provision to the contrary.
(d) Mandamus.--The district attorney, the Office of Victims'
Services, the commission or any victim shall have standing to
seek a mandamus order requiring the county to collect the costs
imposed by this section.
(e) Court order.--No court order shall be necessary in order
for the defendant to incur liability for costs under this
section. Costs under this section must be paid in order for the
defendant to be eligible for probation, parole or accelerated
rehabilitative disposition.
Section 5. This act shall take effect in 60 days.
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