SB 502 — An Act amending the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act, 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; in administration, further providing for office, for powers and duties of victim advocate and for powers and duties of Office of Victims' Services; in parole advocacy, further providing for preparole notification to victim and for petitions to deny parole upon expiration of minimum sentence; 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.

PRIOR PRINTER'S NO.

484 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of 2019 No.

693INTRODUCED THEBY GENERALBARTOLOTTA, ASSEMBLYHUGHES, OFHAYWOOD, PENNSYLVANIASCHWANK, SENATELEACH, BILLBAKER, SessionCOLLETT, ofKILLION, No.A.

502WILLIAMS, FARNESE, COSTA AND STREET, MARCH 25, 2019 INTBAKER,REFERRED COLLETT,TO KILLION,JUDICIARY, A.MARCH 25, 2019 AN ACT Amending the act of November 24, 1998 (P.L.882, No.111), entitled "An act providing for victims' rights;

WILLIAMS,imposing FARNESE,penalties; COSTA, STREET, PHILLIPS-HILL, TARTAGLIONE, STEFANO, YUDICHAK, BREWSTER AND J.

WARD,establishing MARCHremedies; 25, 2019 SENATOR BAKER, JUDICIARY, AS AMENDED, MAY 1, 2019 AN ACT Amending the act of November 24, 1998 (P.L.882, No.111), entitled "An act providing for victims' rights;

imposingestablishing the Office of Victim Advocate, the Bureau of Victims' Services, theficethe of Victims' Services Advisory Committee, the State Offender Supervision Fund and other funds;

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;

in administration, further providing for office, forfors powers and duties of victim advocate and for powers and duties of Office of Victims' Services;

in services, matters, further providing for costseligibility andof forvictims; costs forcial offender supervision programs;

in financial matters, further providing for costs and for costs for offender supervision programs;

§ 3732.1 (relating to aggravated 20190SB0502PN069320190SB0502PN0484 - 2 - assault by vehicle).

(2) anyone maintaining a common-law relationship prior 20190SB0502PN069320190SB0502PN0484 - 3 - to January 2, 2005, with that individual;

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 is deprived of money as a 20190SB0502PN069320190SB0502PN0484 - 4 - direct result of a crime.

(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 20190SB0502PN069320190SB0502PN0484 - 5 - individuals residing in the household, as verified by a medical provider, human services provider or law enforcement;

20190SB0502PN069320190SB0502PN0484 - 6 - 75 Pa.C.S.

THE TERM INCLUDES <-- A CRIME OF VIOLENCE AS DEFINED IN 42 PA.C.S.

§ 9714(G) (RELATING TO SENTENCES FOR SECOND AND SUBSEQUENT OFFENSES).

* * * (11) To have assistance in the preparation of, 20190SB0502PN0693 - 7 - submission of and follow-up on financial assistance claims to the [bureau] Office of Victims' Services.

20190SB0502PN0484 - 7 - * * * Section 3.

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 officer responding to or investigating an incident shall provide basic information on 20190SB0502PN0693 - 8 - the rights and services available for crime victims and the availability of crime victims' compensation to the direct 20190SB0502PN0484 - 8 - victim or, if appropriate, a member of the direct victim's family.

(e) [Forms.--The form developed by the Office of Victims' 20190SB0502PN0693 - 9 - Services shall be attached to the police report and shall include a victim checkoff signifying that the information has 20190SB0502PN0484 - 9 - been provided to the crime victim.] Confirmation.--The law enforcement officer responding to or investigating an incident shall indicate on the police report that the information required under subsection (b) was provided to the victim.

and (iii) to provide notice of the commitment to a mental health institution from a State correctional 20190SB0502PN0693 - 10 - institution.

(2) In a personal injury crime, the prosecutor's office 20190SB0502PN0484 - 10 - 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.

(d) Disclosure and confidentiality.-- 20190SB0502PN0693 - 11 - (1) Each record pertaining to the victim in the possession of or maintained by the office, including 20190SB0502PN0484 - 11 - 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 the Right- to-Know Law.

* * * (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 address the interests of 20190SB0502PN0693 - 12 - all victims before the board, department or hearing examiner concerning any issues determined appropriate by the victim 20190SB0502PN0484 - 12 - advocate.

20190SB0502PN0693 - 13 - prioritization of review;

and all other matters related to the processing.] To adopt, promulgate, amend and rescind 20190SB0502PN0484 - 13 - suitable regulations to carry out the provisions and purposes of Chapter 7.

* * * (7) Hospitals or other licensed health care providers 20190SB0502PN0693 - 14 - under section 707(h).

20190SB0502PN0484 - 14 - * * * Section 8.

or 20190SB0502PN0693 - 15 - (II) the end of the limitation period under paragraph (1).

20190SB0502PN0484 - 15 - (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:

(b.1) Returned claims.--If a claim has been filed but 20190SB0502PN0693 - 16 - subsequently returned to the claimant for correction or for additional verification or information, the date the claim was 20190SB0502PN0484 - 16 - first received by the [bureau] Office of Victims' Services shall be the permanent filing date for purposes of subsection (b).

The Office of Victims' Services shall 20190SB0502PN0693 - 17 - request an assessment from the mental health service provider as to the extent the service provided is needed as a direct 20190SB0502PN0484 - 17 - result of the crime.

20190SB0502PN0693 - 18 - Section 707.

(a) Requirements.--No award shall be made unless it is 20190SB0502PN0484 - 18 - determined by a preponderance of the evidence that:

(i) the victim is under 18 years of age at the time 20190SB0502PN0693 - 19 - of the occurrence of the criminal conduct and the alleged offender is the victim's parent or a person responsible 20190SB0502PN0484 - 19 - 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 regulations of 20190SB0502PN0693 - 20 - the Office of Victims' Services.

(b) Amount.-- 20190SB0502PN0484 - 20 - (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.

20190SB0502PN0693 - 21 - * * * (4) An award for counseling performed by or under the 20190SB0502PN0484 - 21 - 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: