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PRINTER'S NO. 264
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
303
Session of
2019
INTRODUCED BY K. WARD, MARTIN, BREWSTER, KEARNEY, TARTAGLIONE,
BROWNE AND COSTA, FEBRUARY 15, 2019
REFERRED TO JUDICIARY, FEBRUARY 15, 2019
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 responsibilities of
State and local law enforcement agencies and providing for
responsibilities of medical personnel; and, in compensation,
further providing for persons eligible for compensation and
for awards.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 212 of the act of November 24, 1998
(P.L.882, No.111), known as the Crime Victims Act, is amended by
adding a subsection to read:
Section 212. Responsibilities of State and local law
enforcement agencies.
* * *
(h) Release of identification.--
(1) Except as otherwise provided in paragraph (2), a law
enforcement agency shall make a reasonable effort to contact
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a surviving family member of a direct victim of murder or
intervenor before publicly releasing the identification of
the direct victim or intervenor.
(2) A law enforcement agency may publicly release the
identification of a direct victim of murder or intervenor
without notification of the death to a surviving family
member if the release is necessary for the investigation of
the murder.
Section 2. The act is amended by adding a section to read:
Section 217. Responsibilities of medical personnel.
No medical personnel or employee of a health care facility
may release the identification of a direct victim of murder or
intervenor to any person, other than a law enforcement agency or
coroner, without the express consent of a health care agent
designated by the direct victim or intervenor under a health
care power of attorney or, if after making a reasonable effort
to identify and contact a health care agent for the direct
victim or intervenor it does not appear that a health care agent
was designated by the direct victim or intervenor, a surviving
family member of the direct victim or intervenor.
Section 3. Sections 701(a) and 707(b)(1) and (2) of the act
are amended 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:
(1) A direct victim.
(2) An intervenor.
(3) A surviving spouse, parent [or], child, sibling,
grandparent or grandchild of a deceased direct victim or
intervenor and an individual for whom, as a minor, a deceased
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direct victim or intervenor was appointed guardian.
(4) Any other individual dependent for principal support
upon a deceased direct victim or intervenor.
(6) Any person who assumes the obligation or who pays
for the crime scene cleanup, funeral or burial expenses
incurred as a direct result of the crime.
* * *
Section 707. Awards.
* * *
(b) Amount.--
(1) Any award made under this chapter shall 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 or from attendance at a court proceeding as
provided in paragraph (2)(iv). 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, the amount of which
shall not exceed $500.
(2) An award made for loss of earnings or 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
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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.
(iv) The award shall be made to any individual
related to a direct victim of murder within the second
degree of consanguinity or affinity for lost wages or
support resulting from attendance at a criminal court
proceeding relating to the murder of the direct victim,
including an individual for whom, as a minor, the direct
victim was appointed guardian.
* * *
Section 4. This act shall take effect in 60 days.
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