Pennsylvania 2017-2018 Regular Session Status: Passed Senate 3 D cosponsors

SB 1072 — 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 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.

Last action — Referred to JUDICIARY

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  1. ✓
    Introduced
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  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017-2018 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

692 added · 1488 removed

Plain-language change summary

The recent amendments to SB 1072 simplify and clarify the definitions related to crime victims by removing references to some specific committees and terms, such as "Victims' Services Advisory Committee" and "local law enforcement agency." Additionally, the definitions section has been adjusted to include only the most relevant terms. These changes are important because they streamline the bill, making it clearer and more focused on assisting victims, which helps ensure that those affected by crime receive the support they need without confusion over unnecessary jargon.

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PRIOR PRINTER'S NO.
PRINTER'S NO.
1527 PRINTER'S NO.
1527 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.
1586 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.
1072 2018 INTBROWNE, MARCH 12, 2018LEACH, HUGHES, SCHWANK, YUDICHAK AND REFERRED TO JUDICIARY, MARCH 12, 2018 AN ACT Amending the act of November 24, 1998 (P.L.882, No.111), entitled "An act providing for victims' rights;
1072 2018 INTRODUCED BY GREENLEAF, LEACH, HUGHES, SCHWANK, YUDICHAK AND BROWNE, MARCH 12, 2018 AS AMENDED ON SECOND CONSIDERATION, MARCH 26, 2018 AN ACT Amending the act of November 24, 1998 (P.L.882, No.111), <-- penalties;
imposing penalties;
establishing the Office of Victim Advocate, the Bureau of Victims' Services, the Victims' Services Advisory Committee, the State Offender Supervision Fund and other funds;
establishing the Office of Victim Advocate, the Bureau of Victims' Services, the Supervision Fund and other funds;
in financial matters, further providing for costs and for costs for offender supervision programs;
in financial matters, further providing for costs and for costs for providing for subrogation.ams;
and, in enforcement, further providing for subrogation.
and, in enforcement, further The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
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 PRELIMINARY PROVISIONS, FURTHER PROVIDING FOR DEFINITIONS;
IN CRIME VICTIMS, FURTHER PROVIDING FOR RIGHTS, FOR RESPONSIBILITIES OF VICTIMS OF CRIME UNDER BASIC BILL OF 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 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.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
The definitions of "board," "crime," "family," <-- "loss of earnings," "out-of-pocket loss" and "personal injury crime" in section 103 of the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act, are amended and the section is amended by adding a definition to read:
The definitions of "board," "crime," "family," "loss of earnings," "out-of-pocket loss" and "personal injury crime" in section 103 of the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act, are amended and the section is amended by adding a definition to read:
§ 5502 (relating to operating 20180SB1072PN1586 - 2 - watercraft under influence of alcohol or controlled substance).
§ 5502 (relating to operating watercraft under influence of alcohol or controlled substance).
§ 3735.1 (relating to aggravated assault by vehicle while driving under the influence).
§ 3735.1 (relating to aggravated 20180SB1072PN1527 - 2 - assault by vehicle while driving under the influence).
20180SB1072PN1586 - 3 - (1) anyone related to that individual within the third degree of consanguinity or affinity;
(1) anyone related to that individual within the third degree of consanguinity or affinity;
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] support is the primary source of the victim's income or other similar benefit and the victim is deprived of money as a direct result of a crime.
The term includes the loss of the cash equivalent of one month's 20180SB1072PN1527 - 3 - 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] support is the primary source of the victim's income or other similar benefit and the victim is deprived of money as a direct result of a crime.
(1) expenses for unreimbursed and unreimbursable expenses or indebtedness incurred for medical care, 20180SB1072PN1586 - 4 - nonmedical remedial care and treatment as approved by the Office of Victims' Services or other services;
(1) expenses for unreimbursed and unreimbursable expenses or indebtedness incurred for medical care, nonmedical remedial care and treatment as approved by the Office of Victims' Services or other services;
"Cleaning" means to remove or attempt to remove stains or blood caused by the crime or other dirt or debris caused by the processing of the crime scene;
"Cleaning" means to remove or 20180SB1072PN1527 - 4 - attempt to remove stains or blood caused by the crime or other dirt or debris caused by the processing of the crime scene;
20180SB1072PN1586 - 5 - 18 Pa.C.S.
18 Pa.C.S.
The former 75 Pa.C.S.
20180SB1072PN1527 - 5 - The former 75 Pa.C.S.
* * * 20180SB1072PN1586 - 6 - Section 2.
* * * Section 2.
(i) given the opportunity to provide prior comment on and to receive State postsentencing release decisions, including work release, furlough, parole, pardon or community treatment center placement;
20180SB1072PN1527 - 6 - (i) given the opportunity to provide prior comment on and to receive State postsentencing release decisions, including work release, furlough, parole, pardon or community treatment center placement;
* * * 20180SB1072PN1586 - 7 - Section 3.
* * * Section 3.
The information provided shall not be disclosed to any person other than a law enforcement agency, corrections agency or prosecutor's office without the prior written consent of the victim.
20180SB1072PN1527 - 7 - The information provided shall not be disclosed to any person other than a law enforcement agency, corrections agency or prosecutor's office without the prior written consent of the victim.
The information shall be in writing and shall be provided to the victim within 24 hours of the law enforcement agency's first contact with the victim in a manner and form 20180SB1072PN1586 - 8 - to be developed by the Office of Victims' Services.] (3) The law enforcement officer responding to or investigating an incident shall provide basic information on the rights and services available for victims and the availability of victims' compensation to the victim or a member of the victim's family.
The information shall be in writing and shall be provided to the victim within 24 hours of the law enforcement agency's first contact with the victim in a manner and form to be developed by the Office of Victims' Services.] (3) The law enforcement officer responding to or investigating an incident shall provide basic information on the rights and services available for victims and the availability of victims' compensation to the victim or a member of the victim's family.
(4) Law enforcement agencies shall be responsible for providing the notification required under paragraph (3) within 48 hours of the reporting of the crime if the law enforcement officer does not provide the notification required under paragraph (3).
(4) Law enforcement agencies shall be responsible for 20180SB1072PN1527 - 8 - providing the notification required under paragraph (3) within 48 hours of the reporting of the crime if the law enforcement officer does not provide the notification required under paragraph (3).
(e) [Forms.--The form developed by the Office of Victims' Services shall be attached to the police report and shall include a victim checkoff signifying that the information has 20180SB1072PN1586 - 9 - been provided to the crime victim.] Confirmation.--The law enforcement officer responding to or investigating an incident shall indicate the reason for not providing the information under subsection (b) if the information required under subsection (b) was not provided to the victim.
(e) [Forms.--The form developed by the Office of Victims' Services shall be attached to the police report and shall include a victim checkoff signifying that the information has been provided to the crime victim.] Confirmation.--The law enforcement officer responding to or investigating an incident shall indicate the reason for not providing the information under subsection (b) if the information required under subsection (b) was not provided to the victim.
* * * (d) Release.--In a personal injury crime, the prosecutor's office shall provide the victim advocate with victim information when a State sentence is imposed so that the victim advocate may provide notice of the opportunity to submit input into State correctional release decisions, to receive notice of any release of an adult from a State [or local] correctional facility and to receive notice of the commitment to a mental health institution from a State [or local] correctional institution.
20180SB1072PN1527 - 9 - * * * (d) Release.--In a personal injury crime, the prosecutor's office shall provide the victim advocate with victim information when a State sentence is imposed so that the victim advocate may provide notice of the opportunity to submit input into State correctional release decisions, to receive notice of any release of an adult from a State [or local] correctional facility and to receive notice of the commitment to a mental health institution from a State [or local] correctional institution.
(2) Preparation of, submission of and follow-up on 20180SB1072PN1586 - 10 - financial assistance claims filed with the [bureau.] Office of Victims' Services.
(2) Preparation of, submission of and follow-up on financial assistance claims filed with the [bureau.] Office of Victims' Services.
(a) Establishment.--There is established [within the board] the Office of Victim Advocate, a criminal justice agency, to represent and advocate for the interests of crime victims [before the board or department].
(a) Establishment.--There is established [within the board] the Office of Victim Advocate, a criminal justice agency, to 20180SB1072PN1527 - 10 - represent and advocate for the interests of crime victims [before the board or department].
(d) Disclosure and confidentiality.-- (1) All records pertaining to the victim in the possession of or maintained by the Office of Victim Advocate, including information regarding a victim's current contact information and any other information or record relating to a victim, are private, confidential and privileged and the 20180SB1072PN1586 - 11 - property of the Office of Victim Advocate, and shall not be subject to the provisions of the Right-To-Know Law.
(d) Disclosure and confidentiality.-- (1) All records pertaining to the victim in the possession of or maintained by the Office of Victim Advocate, including information regarding a victim's current contact information and any other information or record relating to a victim, are private, confidential and privileged and the property of the Office of Victim Advocate, and shall not be subject to the provisions of the Right-To-Know Law.
(2) Unless a victim waives the privilege in a signed writing prior to testimony or disclosure, an employee of the Office of the Victim Advocate shall not be competent nor permitted to testify or to otherwise disclose confidential communications made to or by the employee of the Office of Victim Advocate.
(2) Unless a victim waives the privilege in a signed writing prior to testimony or disclosure, an employee of the Office of the Victim Advocate shall not be competent nor permitted to testify or to otherwise disclose confidential communications made to or by the employee of the Office of 20180SB1072PN1527 - 11 - Victim Advocate.
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20180SB1072PN1586 - 12 - The Office of Victims' Services, subject to approval of the commission, has the following powers and duties:
The Office of Victims' Services, subject to approval of the commission, has the following powers and duties:
Awards of the attorney fees shall be in addition to awards made to direct victims or claimants.
Awards of the attorney fees 20180SB1072PN1527 - 12 - shall be in addition to awards made to direct victims or claimants.
20180SB1072PN1586 - 13 - Section 701.
Section 701.
* * * (b) Time.-- (1) Except as set forth in paragraph (2), a claim must be filed not later than [two] three years after the discovery of the occurrence of the crime upon which the claim is based or not later than [two] three years after the death of the direct victim or intervenor as a result of the crime or the discovery and identification of the body of a murder victim.
20180SB1072PN1527 - 13 - * * * (b) Time.-- (1) Except as set forth in paragraph (2), a claim must be filed not later than [two] three years after the discovery of the occurrence of the crime upon which the claim is based or not later than [two] three years after the death of the direct victim or intervenor as a result of the crime or the discovery and identification of the body of a murder victim.
20180SB1072PN1586 - 14 - (B) The limitation period shall run until the later of:
(B) The limitation period shall run until the later of:
(A) The limitation period under this subsection is tolled until the direct victim reaches 21 years of age.
20180SB1072PN1527 - 14 - (A) The limitation period under this subsection is tolled until the direct victim reaches 21 years of age.
20180SB1072PN1586 - 15 - (E) Other circumstances when good cause is shown by the claimant.
(E) Other circumstances when good cause is shown by the claimant.
(c) Manner.--Claims must be filed with the [bureau] Office of Victims' Services in person, by mail or by any electronic means authorized by the Office of Victims' Services.
(c) Manner.--Claims must be filed with the [bureau] Office 20180SB1072PN1527 - 15 - of Victims' Services in person, by mail or by any electronic means authorized by the Office of Victims' Services.
The investigation shall include an examination of police, court and official records and reports concerning the crime and may include an examination of medical and hospital reports relating to the injury upon 20180SB1072PN1586 - 16 - which the claim is based.
The investigation shall include an examination of police, court and official records and reports concerning the crime and may include an examination of medical and hospital reports relating to the injury upon which the claim is based.
* * * (e) Records.--The Office of Victims' Services shall maintain complete records and histories on all claims filed, supplemental awards paid to claimants, claims status and third-party entitlements and recoveries in accordance with the commission's established records retention schedule.
* * * (e) Records.--The Office of Victims' Services shall maintain complete records and histories on all claims filed, supplemental awards paid to claimants, claims status and third-party 20180SB1072PN1527 - 16 - entitlements and recoveries in accordance with the commission's established records retention schedule.
20180SB1072PN1586 - 17 - * * * Section 9.
* * * Section 9.
In no case may an award be made if the record shows that the report was made more than 72 hours after the discovery of the occurrence of the crime unless:
In no case may an award be made if the record shows that the report was made more than 72 hours after the 20180SB1072PN1527 - 17 - discovery of the occurrence of the crime unless:
* * * 20180SB1072PN1586 - 18 - (2) Filed more than 72 hours after the discovery of the occurrence of the criminal conduct leading to the commencement of the action, unless:
* * * (2) Filed more than 72 hours after the discovery of the occurrence of the criminal conduct leading to the commencement of the action, unless:
or (ii) the Office of Victim Services finds the delay to have been justified, consistent with regulations of the Office of Victim Services.
or (ii) the Office of Victim Services finds the delay to have been justified, consistent with regulations of 20180SB1072PN1527 - 18 - the Office of Victim Services.
(i) the victim is under 18 years of age at the time of the occurrence of the criminal conduct and the alleged offender is the victim's parent or a person responsible for the victim's welfare, an individual residing in the 20180SB1072PN1586 - 19 - same home as the victim or a paramour of the victim's parent;
(i) the victim is under 18 years of age at the time of the occurrence of the criminal conduct and the alleged offender is the victim's parent or a person responsible for the victim's welfare, an individual residing in the same home as the victim or a paramour of the victim's parent;
In no case shall the total amount of an award exceed $35,000 except for payment of the following:
In no case shall the total amount of an award exceed 20180SB1072PN1527 - 19 - $35,000 except for payment of the following:
20180SB1072PN1586 - 20 - (ii) Except as set forth in subparagraph (iii), the aggregate award for the loss shall not exceed $15,000.
(ii) Except as set forth in subparagraph (iii), the aggregate award for the loss shall not exceed $15,000.
(ii) an individual responsible for the direct victim's welfare;
20180SB1072PN1527 - 20 - (ii) an individual responsible for the direct victim's welfare;
* * * (e.1) Special provision for counseling.--No victim under the age of 18 who is a victim of a sexual offense shall be required to use insurance or a health and welfare program benefit, including those mandated by law, for counseling services if the 20180SB1072PN1586 - 21 - claimant requests insurance not be billed.
* * * (e.1) Special provision for counseling.--No victim under the age of 18 who is a victim of a sexual offense shall be required to use insurance or a health and welfare program benefit, including those mandated by law, for counseling services if the claimant requests insurance not be billed.
(a) General rule.--All reports, records or other information obtained or produced by the [bureau] Office of Victims' Services during the processing or investigation of a claim shall be confidential and privileged, shall not be subject to subpoena or discovery, shall be used for no purpose other than the processing of a claim and, except as otherwise provided by law or as provided in this section, shall not be introduced into evidence in any judicial or administrative proceeding.
(a) General rule.--All reports, records or other information obtained or produced by the [bureau] Office of Victims' Services during the processing or investigation of a claim shall be confidential and privileged, shall not be subject to subpoena or discovery, shall be used for no purpose other than the processing of a claim and, except as otherwise provided by law 20180SB1072PN1527 - 21 - or as provided in this section, shall not be introduced into evidence in any judicial or administrative proceeding.
* * * (b) Disposition.-- * * * (3) Effective July 1, 2018, the special nonlapsing funds established in subsection (b)(1) and (2) are merged into a single special nonlapsing fund, known as the Crime Victim 20180SB1072PN1586 - 22 - Services and Compensation Fund.
* * * (b) Disposition.-- * * * (3) Effective July 1, 2018, the special nonlapsing funds established in subsection (b)(1) and (2) are merged into a single special nonlapsing fund, known as the Crime Victim Services and Compensation Fund.
(a) County fund.--The county treasurer of each county shall establish and administer a [county offender supervision fund] County Supervision Fee Restricted Receipts Account consisting of the fees collected under this section.
(a) County fund.--The county treasurer of each county shall establish and administer a [county offender supervision fund] 20180SB1072PN1527 - 22 - County Supervision Fee Restricted Receipts Account consisting of the fees collected under this section.
(b) State fund.--There is established a State Offender 20180SB1072PN1586 - 23 - Supervision Fund to be administered by the board and comprised of the supervision fees collected by the board under [this section] subsection (d).
(b) State fund.--There is established a State Offender Supervision Fund to be administered by the board and comprised of the supervision fees collected by the board under [this section] subsection (d).
(c) Court.--The court shall impose as a condition of supervision a monthly supervision fee of at least $25 on any offender placed on probation, parole, accelerated rehabilitative disposition, probation without verdict or intermediate punishment unless the court finds that the fee should be reduced, waived or deferred based on the offender's present inability to pay.
(c) Court.--The court shall impose as a condition of supervision a monthly supervision fee of at least $25 on any offender placed on probation, parole, accelerated rehabilitative disposition, probation without verdict or intermediate punishment unless the court finds that the fee should be 20180SB1072PN1527 - 23 - reduced, waived or deferred based on the offender's present inability to pay.
All fees collected shall be deposited into the State Offender Supervision Fund [established 20180SB1072PN1586 - 24 - under subsection (b)].
All fees collected shall be deposited into the State Offender Supervision Fund [established under subsection (b)].
A claimant who fails to notify the Office of Victims' Services of the receipt of funds from any other claim or award arising out of the crime shall forfeit and pay to the Commonwealth an amount equal to all awards paid by the [bureau] Office of Victims' Services to the claimant or on the claimant's behalf.
A claimant who fails to notify the Office of Victims' Services of the receipt of funds from any other claim or award arising out of the crime shall forfeit and pay to the Commonwealth an amount equal to all 20180SB1072PN1527 - 24 - awards paid by the [bureau] Office of Victims' Services to the claimant or on the claimant's behalf.
SECTION 1.
20180SB1072PN1527 - 25 -
THE DEFINITIONS OF "CRIME," "FAMILY," <-- "INTERVENOR," "LOCAL LAW ENFORCEMENT AGENCY," "LOSS OF EARNINGS," "OUT-OF-POCKET LOSS" AND "PERSONAL INJURY CRIME" IN SECTION 103 OF THE ACT OF NOVEMBER 24, 1998 (P.L.882, NO.111), KNOWN AS THE CRIME VICTIMS ACT, ARE AMENDED AND THE SECTION IS AMENDED BY ADDING DEFINITIONS TO READ:
SECTION 103.
DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
* * * "CAMPUS POLICE." AS DEFINED IN SECTION 302 OF THE ACT OF NOVEMBER 29, 2004 (P.L.1383, NO.180), KNOWN AS THE UNIFORM CRIME REPORTING ACT.
* * * "CRIME." AN ACT WHICH WAS COMMITTED:
20180SB1072PN1586 - 25 - (1) IN THIS COMMONWEALTH BY A PERSON, INCLUDING A JUVENILE, WITHOUT REGARD TO LEGAL EXEMPTION OR DEFENSE WHICH WOULD CONSTITUTE A CRIME UNDER THE FOLLOWING:
(I) THE ACT OF APRIL 14, 1972 (P.L.233, NO.64), KNOWN AS THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT.
(II) 18 PA.C.S.
(RELATING TO CRIMES AND OFFENSES).
30 PA.C.S.
§ 5502 (RELATING TO OPERATING WATERCRAFT UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE).
30 PA.C.S.
§ 5502.1 (RELATING TO HOMICIDE BY WATERCRAFT WHILE OPERATING UNDER INFLUENCE).
THE FORMER 75 PA.C.S.
§ 3731 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE).
75 PA.C.S.
§ 3732 (RELATING TO HOMICIDE BY VEHICLE).
75 PA.C.S.
§ 3732.1 (RELATING TO AGGRAVATED ASSAULT BY VEHICLE).
75 PA.C.S.
§ 3733 (RELATING TO FLEEING OR ATTEMPTING TO ELUDE POLICE OFFICER).
75 PA.C.S.
§ 3734 (RELATING TO DRIVING WITHOUT LIGHTS TO AVOID IDENTIFICATION OR ARREST).
75 PA.C.S.
§ 3735 (RELATING TO HOMICIDE BY VEHICLE WHILE DRIVING UNDER INFLUENCE).
75 PA.C.S.
§ 3735.1 (RELATING TO AGGRAVATED ASSAULT BY VEHICLE WHILE DRIVING UNDER THE INFLUENCE).
75 PA.C.S.
§ 3742 (RELATING TO ACCIDENTS INVOLVING DEATH OR PERSONAL INJURY).
75 PA.C.S.
§ 3742.1 (RELATING TO ACCIDENTS 20180SB1072PN1586 - 26 - INVOLVING DEATH OR PERSONAL INJURY WHILE NOT PROPERLY LICENSED) IF THE NATURE AND CIRCUMSTANCES OF THE OFFENSE COMMITTED ARE SUBSTANTIALLY SIMILAR TO AN OFFENSE UNDER 75 PA.C.S.
§ 3742.
75 PA.C.S.
CH.
38 (RELATING TO DRIVING AFTER IMBIBING ALCOHOL OR UTILIZING DRUGS).
(III) THE LAWS OF THE UNITED STATES.
(2) AGAINST A RESIDENT OF THIS COMMONWEALTH WHICH WOULD BE A CRIME UNDER PARAGRAPH (1) BUT FOR ITS OCCURRENCE IN A LOCATION OTHER THAN THIS COMMONWEALTH.
(3) AGAINST A RESIDENT OF THIS COMMONWEALTH WHICH IS AN ACT OF INTERNATIONAL TERRORISM.
* * * "FAMILY." WHEN USED IN REFERENCE TO AN INDIVIDUAL:
(1) ANYONE RELATED TO THAT INDIVIDUAL WITHIN THE THIRD DEGREE OF CONSANGUINITY OR AFFINITY;
(2) ANYONE MAINTAINING A COMMON-LAW RELATIONSHIP PRIOR TO JANUARY 2, 2005, WITH THAT INDIVIDUAL;
OR (3) ANYONE RESIDING IN THE SAME HOUSEHOLD WITH THAT INDIVIDUAL.
"FINANCIAL SUPPORT." INCLUDES THE LOSS OF COURT-ORDERED CHILD OR SPOUSAL SUPPORT PAYMENTS IF THE VICTIM IS DEPRIVED OF MONEY AS A DIRECT RESULT OF A CRIME.
* * * "INTERVENOR." AN INDIVIDUAL WHO GOES TO THE AID OF ANOTHER AND SUFFERS PHYSICAL OR MENTAL INJURY OR DEATH AS A DIRECT RESULT OF ACTING NOT RECKLESSLY TO PREVENT THE COMMISSION OF A CRIME, TO LAWFULLY APPREHEND A PERSON REASONABLY SUSPECTED OF HAVING COMMITTED SUCH CRIME OR TO AID THE VICTIM OF SUCH CRIME.
THE TERM SHALL NOT INCLUDE AN ENFORCEMENT OFFICER OR 20180SB1072PN1586 - 27 - INVESTIGATOR INJURED IN THE PERFORMANCE OF HIS OR HER DUTIES, ELIGIBLE FOR BENEFITS UNDER THE ACT OF JUNE 28, 1935 (P.L.477, NO.193), REFERRED TO AS THE ENFORCEMENT OFFICER DISABILITY BENEFITS LAW, OR UNDER THE ACT OF JUNE 2, 1915 (P.L.736, NO.338), KNOWN AS THE WORKERS' COMPENSATION ACT.
* * * "LOCAL LAW ENFORCEMENT AGENCY." A POLICE DEPARTMENT OF A CITY, BOROUGH, INCORPORATED TOWN OR TOWNSHIP OR CAMPUS POLICE.
"LOSS OF EARNINGS." [INCLUDES] AN ECONOMIC LOSS RESULTING FROM AN INJURY OR DEATH TO A VICTIM OF A CRIME THAT HAS NOT BEEN AND WILL NOT BE REIMBURSED FROM ANY OTHER SOURCE.
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 DIRECT RESULT OF A CRIME.
"LOSS OF SUPPORT." THE LOSS OF VERIFIABLE FINANCIAL SUPPORT THE DIRECT VICTIM WOULD HAVE CONTRIBUTED TO SURVIVING DEPENDENTS THAT IS LOST DUE TO THE DEATH OF THE DIRECT VICTIM AS A DIRECT RESULT OF A CRIME.
* * * "OUT-OF-POCKET LOSS." THE TERM INCLUDES THE FOLLOWING LOSSES WHICH SHALL BE REIMBURSED AT A RATE SET BY THE OFFICE OF VICTIMS' SERVICES:
(1) EXPENSES FOR UNREIMBURSED AND UNREIMBURSABLE EXPENSES OR INDEBTEDNESS INCURRED FOR MEDICAL CARE, NONMEDICAL REMEDIAL CARE AND TREATMENT AS APPROVED BY THE OFFICE OF VICTIMS' SERVICES OR OTHER SERVICES;
20180SB1072PN1586 - 28 - (2) EXPENSES FOR COUNSELING, PROSTHETIC DEVICES, WHEELCHAIRS, CANES, WALKERS, HEARING AIDS, EYEGLASSES OR OTHER CORRECTIVE LENSES OR DENTAL DEVICES REASONABLY NECESSARY AS A RESULT OF THE CRIME UPON WHICH THE CLAIM IS BASED AND FOR WHICH THE CLAIMANT EITHER HAS PAID OR IS LIABLE;
(3) EXPENSES RELATED TO THE REASONABLE AND NECESSARY COSTS OF CLEANING THE CRIME SCENE OF A PRIVATE RESIDENCE OR PRIVATELY OWNED MOTOR VEHICLE.
"CLEANING" MEANS TO REMOVE OR ATTEMPT TO REMOVE STAINS OR BLOOD CAUSED BY THE CRIME OR OTHER DIRT OR DEBRIS CAUSED BY THE PROCESSING OF THE CRIME SCENE;
(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 INDIVIDUALS RESIDING IN THE HOUSEHOLD, AS VERIFIED BY A MEDICAL PROVIDER, HUMAN SERVICES PROVIDER OR LAW ENFORCEMENT;
(5) EXPENSES FOR PHYSICAL EXAMINATIONS AND MATERIALS USED TO OBTAIN EVIDENCE;
OR (6) OTHER REASONABLE EXPENSES WHICH ARE DEEMED NECESSARY AS A DIRECT RESULT OF THE CRIMINAL INCIDENT.
EXCEPT AS OTHERWISE PROVIDED, THE TERM DOES NOT INCLUDE PROPERTY DAMAGE OR PAIN AND SUFFERING.
"PERSONAL INJURY CRIME." AN ACT, ATTEMPT OR THREAT TO COMMIT AN ACT WHICH WOULD CONSTITUTE A MISDEMEANOR OR FELONY UNDER THE FOLLOWING:
18 PA.C.S.
CH.
25 (RELATING TO CRIMINAL HOMICIDE).
18 PA.C.S.
CH.
27 (RELATING TO ASSAULT).
20180SB1072PN1586 - 29 - 18 PA.C.S.
CH.
29 (RELATING TO KIDNAPPING).
18 PA.C.S.
CH.
31 (RELATING TO SEXUAL OFFENSES).
18 PA.C.S.
§ 3301 (RELATING TO ARSON AND RELATED OFFENSES).
18 PA.C.S.
CH.
37 (RELATING TO ROBBERY).
18 PA.C.S.
CH.
49 SUBCH.
B (RELATING TO VICTIM AND WITNESS INTIMIDATION).
30 PA.C.S.
§ 5502.1 (RELATING TO HOMICIDE BY WATERCRAFT WHILE OPERATING UNDER INFLUENCE).
THE FORMER 75 PA.C.S.
§ 3731 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) IN CASES INVOLVING BODILY INJURY.
75 PA.C.S.
§ 3732 (RELATING TO HOMICIDE BY VEHICLE).
75 PA.C.S.
§ 3732.1 (RELATING TO AGGRAVATED ASSAULT BY VEHICLE).
75 PA.C.S.
§ 3733 (RELATING TO FLEEING OR ATTEMPTING TO ELUDE POLICE OFFICER).
75 PA.C.S.
§ 3734 (RELATING TO DRIVING WITHOUT LIGHTS TO AVOID IDENTIFICATION OR ARREST).
75 PA.C.S.
§ 3735 (RELATING TO HOMICIDE BY VEHICLE WHILE DRIVING UNDER INFLUENCE).
75 PA.C.S.
§ 3735.1 (RELATING TO AGGRAVATED ASSAULT BY VEHICLE WHILE DRIVING UNDER THE INFLUENCE).
75 PA.C.S.
§ 3742 (RELATING TO ACCIDENTS INVOLVING DEATH OR PERSONAL INJURY).
75 PA.C.S.
§ 3742.1 (RELATING TO ACCIDENTS INVOLVING DEATH OR PERSONAL INJURY WHILE NOT PROPERLY LICENSED) IF THE NATURE AND CIRCUMSTANCES OF THE OFFENSE COMMITTED ARE SUBSTANTIALLY SIMILAR TO AN OFFENSE UNDER 75 PA.C.S.
§ 3742.
75 PA.C.S.
CH.
38 (RELATING TO DRIVING AFTER IMBIBING 20180SB1072PN1586 - 30 - ALCOHOL OR UTILIZING DRUGS) IN CASES INVOLVING BODILY INJURY.
THE TERM INCLUDES VIOLATIONS OF ANY PROTECTIVE ORDER ISSUED AS A RESULT OF AN ACT RELATED TO DOMESTIC VIOLENCE.
* * * SECTION 2.
SECTION 201(11) OF THE ACT IS AMENDED AND THE SECTION IS AMENDED BY ADDING A PARAGRAPH TO READ:
SECTION 201.
RIGHTS.
VICTIMS OF CRIME HAVE THE FOLLOWING RIGHTS:
* * * (1.1) IF ELIGIBLE TO APPLY, TO BE NOTIFIED OF THE ADDRESS CONFIDENTIALITY PROGRAM UNDER 23 PA.C.S.
CH.
67 (RELATING TO DOMESTIC AND SEXUAL VIOLENCE VICTIM ADDRESS CONFIDENTIALITY).
* * * (11) TO HAVE ASSISTANCE IN THE PREPARATION OF, SUBMISSION OF AND FOLLOW-UP ON FINANCIAL ASSISTANCE CLAIMS TO THE [BUREAU] OFFICE OF VICTIMS' SERVICES.
* * * SECTION 3.
SECTIONS 211, 212(B), (C) AND (E) AND 213(A), (D) AND (G) OF THE ACT ARE AMENDED TO READ:
SECTION 211.
RESPONSIBILITIES OF VICTIMS OF CRIME UNDER BASIC BILL OF RIGHTS.
[A] EXCEPT AS PROVIDED FOR VICTIMS ENROLLED IN THE ADDRESS CONFIDENTIALITY PROGRAM UNDER 23 PA.C.S.
CH.
67 (RELATING TO DOMESTIC AND SEXUAL VIOLENCE VICTIM ADDRESS CONFIDENTIALITY), A VICTIM SHALL PROVIDE A VALID ADDRESS AND TELEPHONE NUMBER AND ANY OTHER REQUIRED INFORMATION TO ALL AGENCIES RESPONSIBLE FOR PROVIDING INFORMATION AND NOTICE TO THE VICTIM.
THE VICTIM SHALL BE RESPONSIBLE FOR PROVIDING TIMELY NOTICE OF ANY CHANGES IN THE STATUS OF THE INFORMATION.
THE INFORMATION PROVIDED SHALL NOT BE 20180SB1072PN1586 - 31 - DISCLOSED TO ANY PERSON OTHER THAN A LAW ENFORCEMENT AGENCY, CORRECTIONS AGENCY OR PROSECUTOR'S OFFICE WITHOUT THE PRIOR WRITTEN CONSENT OF THE VICTIM.
SECTION 212.
RESPONSIBILITIES OF STATE AND LOCAL LAW ENFORCEMENT AGENCIES.
* * * (B) NOTICE.-- (1) [LAW ENFORCEMENT AGENCIES SHALL WITHIN 48 HOURS OF REPORTING GIVE NOTICE TO THE DIRECT VICTIM OR, IF APPROPRIATE, A MEMBER OF THE DIRECT VICTIM'S FAMILY OF THE AVAILABILITY OF CRIME VICTIMS' COMPENSATION.
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 THE RIGHTS AND SERVICES AVAILABLE FOR CRIME VICTIMS AND THE AVAILABILITY OF CRIME VICTIMS' COMPENSATION TO THE DIRECT VICTIM OR, IF APPROPRIATE, A MEMBER OF THE DIRECT VICTIM'S FAMILY.
THE INFORMATION SHALL BE PROVIDED WHEN THE OFFICER HAS FIRST CONTACT WITH THE VICTIM OR AS SOON AS REASONABLY POSSIBLE.
THE INFORMATION REQUIRED UNDER THIS SUBSECTION SHALL BE IN A WRITTEN NOTICE IN A MANNER OR FORM DEVELOPED BY THE OFFICE OF VICTIMS' SERVICES.
(2) [LAW ENFORCEMENT AGENCIES SHALL PROVIDE BASIC INFORMATION ON THE RIGHTS AND SERVICES AVAILABLE FOR CRIME VICTIMS.
THE INFORMATION SHALL BE IN WRITING AND SHALL BE PROVIDED TO THE VICTIM WITHIN 24 HOURS OF THE LAW ENFORCEMENT AGENCY'S FIRST CONTACT WITH THE VICTIM IN A MANNER AND FORM TO BE DEVELOPED BY THE OFFICE OF VICTIMS' SERVICES.] LAW ENFORCEMENT AGENCIES SHALL BE RESPONSIBLE FOR ENSURING THAT 20180SB1072PN1586 - 32 - OFFICERS PROVIDE THE NOTIFICATION REQUIRED UNDER SUBSECTION (B)(1).
(C) APPLICATION.--[THE WRITTEN NOTIFICATION PROVIDED FOR IN SUBSECTION (B)(1) SHALL BE ACCOMPANIED BY ONE COPY OF THE APPLICATION FORM FOR CRIME VICTIMS' COMPENSATION.
APPLICATION FORMS SHALL BE SUPPLIED BY THE OFFICE OF VICTIMS' SERVICES TO LAW ENFORCEMENT AGENCIES.
A RECORD OF THE DATE OF NOTIFICATION SHALL BE MAINTAINED BY THE LAW ENFORCEMENT AGENCY.] THE OFFICE OF VICTIMS' SERVICES SHALL MAINTAIN A MAILING LIST OF ALL LOCAL LAW ENFORCEMENT AGENCIES AND PROVIDE LAW ENFORCEMENT AGENCIES WITH FORMS BY WHICH THEY CAN ORDER [ADDITIONAL] CLAIM FORMS.
THE OFFICE OF VICTIMS' SERVICES SHALL ALSO PROVIDE UPDATES TO LAW ENFORCEMENT AGENCIES ON CHANGES WHICH AFFECT THEIR RESPONSIBILITIES UNDER THIS ACT.
(E) [FORMS.--THE FORM DEVELOPED BY THE OFFICE OF VICTIMS' SERVICES SHALL BE ATTACHED TO THE POLICE REPORT AND SHALL INCLUDE A VICTIM CHECKOFF SIGNIFYING THAT THE INFORMATION HAS 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.
* * * SECTION 213.
RESPONSIBILITIES OF PROSECUTOR'S OFFICE.
(A) FORMS.--THE PROSECUTOR'S OFFICE SHALL PROVIDE THE VICTIM OF A PERSONAL INJURY CRIME WITH ALL FORMS DEVELOPED PURSUANT TO SECTIONS 214 AND 215 WITH EXCEPTION TO STATE CASES WHEREUPON THE VICTIM ADVOCATE SHALL PROVIDE ALL NECESSARY FORMS.
* * * [(D) RELEASE.--IN A PERSONAL INJURY CRIME, THE PROSECUTOR'S OFFICE SHALL PROVIDE NOTICE OF THE OPPORTUNITY TO SUBMIT INPUT 20180SB1072PN1586 - 33 - INTO STATE CORRECTIONAL RELEASE DECISIONS, TO RECEIVE NOTICE OF ANY RELEASE OF AN ADULT FROM A STATE OR LOCAL CORRECTIONAL FACILITY AND TO RECEIVE NOTICE OF THE COMMITMENT TO A MENTAL HEALTH INSTITUTION FROM A STATE OR LOCAL CORRECTIONAL INSTITUTION.] (D) RELEASE.--THE FOLLOWING SHALL APPLY:
(1) IN A PERSONAL INJURY CRIME, THE PROSECUTOR'S OFFICE SHALL PROVIDE THE VICTIM ADVOCATE WITH VICTIM INFORMATION ON ALL PERSONAL INJURY CASES WHEN A STATE SENTENCE IS IMPOSED:
(I) SO THE VICTIM ADVOCATE MAY PROVIDE NOTICE OF OPPORTUNITY TO SUBMIT INPUT INTO STATE CORRECTIONAL RELEASE DECISIONS;
(II) TO PROVIDE NOTICE OF ANY RELEASE OF AN ADULT FROM A STATE CORRECTIONAL FACILITY;
AND (III) TO PROVIDE NOTICE OF THE COMMITMENT TO A MENTAL HEALTH INSTITUTION FROM A STATE CORRECTIONAL INSTITUTION.
(2) IN A PERSONAL INJURY CRIME, THE PROSECUTOR'S OFFICE SHALL PROVIDE NOTICE OF ANY RELEASE OF AN ADULT FROM A LOCAL CORRECTIONAL FACILITY AND PROVIDE NOTICE OF THE COMMITMENT TO A MENTAL HEALTH INSTITUTION FROM A LOCAL CORRECTIONAL INSTITUTION.
* * * (G) ASSISTANCE.--THE PROSECUTOR'S OFFICE SHALL PROVIDE ASSISTANCE TO THE VICTIM IN ALL OF THE FOLLOWING:
(1) PREPARATION OF STATEMENTS UNDER SECTION 201(5).
(2) PREPARATION OF, SUBMISSION OF AND FOLLOW-UP ON FINANCIAL ASSISTANCE CLAIMS FILED WITH THE [BUREAU] OFFICE OF VICTIMS' SERVICES.
(3) NOTIFICATION TO THE VICTIM ADVOCATE ON BEHALF OF THE 20180SB1072PN1586 - 34 - VICTIM FOR PERSONAL INJURY CRIMES IF THE OFFENDER IS SENTENCED TO A STATE CORRECTIONAL FACILITY.
* * * SECTION 4.
SECTION 301(C) OF THE ACT IS AMENDED AND THE SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:
SECTION 301.
OFFICE.
* * * (C) SERVICE AND EMPLOYEES.--THE VICTIM ADVOCATE SHALL OPERATE FROM THE CENTRAL OFFICE OF THE BOARD WITH SUCH CLERICAL, TECHNICAL AND PROFESSIONAL STAFF AS MAY BE AVAILABLE WITHIN THE BUDGET OF THE BOARD.
THE COMPENSATION OF EMPLOYEES OF THE OFFICE SHALL BE SET BY THE EXECUTIVE BOARD.
THE HOME ADDRESS OF AN EMPLOYEE OF THE OFFICE OF VICTIM ADVOCATE 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) DISCLOSURE AND CONFIDENTIALITY.-- (1) EACH RECORD PERTAINING TO THE VICTIM IN THE POSSESSION OF OR MAINTAINED BY THE OFFICE OF VICTIM ADVOCATE, INCLUDING 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 OF VICTIM ADVOCATE AND SHALL NOT BE SUBJECT TO THE ACT OF FEBRUARY 14, 2008 (P.L.6, NO.3), KNOWN AS THE RIGHT-TO-KNOW LAW.
A RECORD OF THE OFFICE OF VICTIM ADVOCATE SHALL NOT BE SUBJECT TO SUBPOENA OR DISCOVERY, INTRODUCED INTO EVIDENCE IN A JUDICIAL OR ADMINISTRATIVE PROCEEDING OR RELEASED TO THE INMATE, PAROLEE OR PROBATIONER.
(2) UNLESS A VICTIM WAIVES THE PRIVILEGE IN A SIGNED WRITING PRIOR TO TESTIMONY OR DISCLOSURE, AN EMPLOYEE OF THE 20180SB1072PN1586 - 35 - OFFICE OF THE VICTIM ADVOCATE SHALL NOT BE COMPETENT NOR PERMITTED TO TESTIFY OR TO OTHERWISE DISCLOSE CONFIDENTIAL COMMUNICATIONS MADE TO OR BY THE EMPLOYEE OF THE OFFICE OF VICTIM ADVOCATE.
THE PRIVILEGE SHALL TERMINATE UPON THE DEATH OF THE VICTIM.
NEITHER THE EMPLOYEE OF THE OFFICE OF VICTIM ADVOCATE NOR THE VICTIM SHALL WAIVE THE PRIVILEGE OF CONFIDENTIAL COMMUNICATIONS BY REPORTING FACTS OF PHYSICAL OR SEXUAL ASSAULT UNDER 23 PA.C.S.
CH.
63 (RELATING TO CHILD PROTECTIVE SERVICES), A FEDERAL OR STATE MANDATORY REPORTING STATUTE OR A LOCAL MANDATORY REPORTING ORDINANCE.
SECTION 5.
SECTION 302(5) OF THE ACT IS AMENDED AND THE SECTION IS AMENDED BY ADDING PARAGRAPHS TO READ:
SECTION 302.
POWERS AND DUTIES OF VICTIM ADVOCATE.
THE VICTIM ADVOCATE HAS THE FOLLOWING POWERS AND DUTIES:
* * * (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 ALL VICTIMS BEFORE THE BOARD, DEPARTMENT OR HEARING EXAMINER CONCERNING ANY ISSUES DETERMINED APPROPRIATE BY THE VICTIM ADVOCATE.
(6) TO ENSURE ELIGIBLE VICTIMS ARE INFORMED OF THE ADDRESS CONFIDENTIALITY PROGRAM UNDER 23 PA.C.S.
CH.
67 (RELATING TO DOMESTIC AND SEXUAL VIOLENCE VICTIM ADDRESS CONFIDENTIALITY).
(7) TO ADVOCATE FOR THE INTERESTS OF CRIME VICTIMS GENERALLY, INCLUDING THE VICTIMS OF CRIMES COMMITTED BY JUVENILES.
SECTION 6.
SECTION 312(3) OF THE ACT IS AMENDED TO READ:
20180SB1072PN1586 - 36 - SECTION 312.
POWERS AND DUTIES OF OFFICE OF VICTIMS' SERVICES.
THE OFFICE OF VICTIMS' SERVICES, SUBJECT TO APPROVAL OF THE COMMISSION, HAS THE FOLLOWING POWERS AND DUTIES:
* * * (3) [TO ADOPT, PROMULGATE, AMEND AND RESCIND SUITABLE RULES AND REGULATIONS TO CARRY OUT THE PROVISIONS AND PURPOSES OF CHAPTER 7.
THESE REGULATIONS SHALL PROVIDE FOR THE APPROVAL OF ATTORNEY FEES FOR REPRESENTATION BEFORE THE OFFICE OF VICTIMS' SERVICES, A HEARING EXAMINER OR BEFORE THE COMMONWEALTH COURT UPON JUDICIAL REVIEW UNDER SECTION 705.
AWARDS OF THE ATTORNEY FEES SHALL BE IN ADDITION TO AWARDS MADE TO DIRECT VICTIMS.
AWARDS OF ATTORNEY FEES SHALL IN NO CASE EXCEED 15% OF THE AWARD TO THE DIRECT VICTIM OR VICTIMS.
IT SHALL BE UNLAWFUL FOR AN ATTORNEY TO CONTRACT FOR OR RECEIVE ANY SUM LARGER THAN THE AMOUNT ALLOWED.
REGULATIONS UNDER THIS PARAGRAPH SHALL INCLUDE POLICIES, PROCEDURES AND STANDARDS OF REVIEW REGARDING CLAIMS FOR COMPENSATION;
APPROVAL OR DENIAL OF CLAIMS, INCLUDING CONTRIBUTORY CONDUCT BY DIRECT VICTIMS;
VERIFICATION OF INFORMATION AND DOCUMENTS;
PRIORITIZATION OF REVIEW;
AND ALL OTHER MATTERS RELATED TO THE PROCESSING.] TO ADOPT, PROMULGATE, AMEND AND RESCIND SUITABLE REGULATIONS TO CARRY OUT THE PROVISIONS AND PURPOSES OF CHAPTER 7.
THE REGULATIONS SHALL PROVIDE FOR THE FOLLOWING:
(I) THE APPROVAL OF ATTORNEY FEES FOR REPRESENTATION BEFORE THE OFFICE OF VICTIMS' SERVICES, A HEARING EXAMINER OR BEFORE THE COMMONWEALTH COURT UPON JUDICIAL REVIEW UNDER SECTION 705.
AWARDS OF THE ATTORNEY FEES SHALL BE IN ADDITION TO AWARDS MADE TO DIRECT VICTIMS OR CLAIMANTS.
AWARDS OF ATTORNEY FEES MAY NOT EXCEED 15% OF 20180SB1072PN1586 - 37 - THE AWARD TO THE DIRECT VICTIM OR CLAIMANTS.
IT SHALL BE UNLAWFUL FOR AN ATTORNEY TO CONTRACT FOR OR RECEIVE A SUM LARGER THAN THE AMOUNT ALLOWED UNDER THIS SUBPARAGRAPH.
(II) POLICIES, PROCEDURES AND STANDARDS OF REVIEW REGARDING CLAIMS FOR COMPENSATION.
(III) APPROVAL OR DENIAL OF CLAIMS, INCLUDING CONTRIBUTORY CONDUCT BY DIRECT VICTIMS.
(IV) VERIFICATION OF INFORMATION AND DOCUMENTS.
(V) PRIORITIZATION OF REVIEW.
(VI) ALL OTHER MATTERS RELATED TO THE PROCESSING OF CLAIMS.
* * * SECTION 7.
SECTION 701(A) OF THE ACT IS AMENDED BY ADDING PARAGRAPHS 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:
* * * (7) HOSPITALS OR OTHER LICENSED HEALTH CARE PROVIDERS UNDER SECTION 707(H).
(8) A PERSON ELIGIBLE FOR COUNSELING UNDER THIS CHAPTER.
* * * SECTION 8.
SECTIONS 702(B), (B.1) AND (C), 703, 704(B) AND (E) AND 706(A)(1) AND (B) OF THE ACT ARE AMENDED TO READ:
SECTION 702.
FILING OF CLAIMS FOR COMPENSATION.
* * * (B) TIME.-- (1) EXCEPT AS SET FORTH IN PARAGRAPH (2), A CLAIM MUST BE FILED NOT LATER THAN [TWO] THREE YEARS AFTER THE DISCOVERY OF THE OCCURRENCE OF THE CRIME UPON WHICH THE CLAIM IS BASED 20180SB1072PN1586 - 38 - OR NOT LATER THAN [TWO] THREE YEARS AFTER THE DEATH OF THE DIRECT VICTIM OR INTERVENOR AS A RESULT OF THE CRIME OR THE DISCOVERY AND IDENTIFICATION OF THE BODY OF A MURDER VICTIM.
(2) EXCEPTIONS SHALL BE AS FOLLOWS:
(II) IF A DIRECT VICTIM IS UNDER 18 YEARS OF AGE AT THE TIME OF THE OCCURRENCE OF THE CRIME AND THE ALLEGED OFFENDER IS THE DIRECT VICTIM'S PARENT OR A PERSON RESPONSIBLE FOR THE DIRECT VICTIM'S WELFARE, AN INDIVIDUAL RESIDING IN THE SAME HOME AS THE DIRECT VICTIM OR A PARAMOUR OF THE DIRECT VICTIM'S PARENT, ALL OF THE FOLLOWING SHALL APPLY:
(A) THE LIMITATION PERIOD UNDER THIS SUBSECTION IS TOLLED UNTIL THE DIRECT VICTIM REACHES 21 YEARS OF AGE.
(B) THE LIMITATION PERIOD SHALL RUN UNTIL THE LATER OF:
(I) THE END OF THE LIMITATION PERIOD FOR THE OFFENSE AS SET FORTH IN 42 PA.C.S.
CH.
55 SUBCH.
C (RELATING TO CRIMINAL PROCEEDINGS);
OR (II) THE END OF THE LIMITATION PERIOD UNDER PARAGRAPH (1).
(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:
(A) THE LIMITATION PERIOD UNDER THIS SUBSECTION IS TOLLED UNTIL THE DIRECT VICTIM REACHES 21 YEARS OF AGE.
(B) THE LIMITATION PERIOD SHALL RUN UNTIL THE LATER OF:
20180SB1072PN1586 - 39 - (I) THE END OF THE LIMITATION PERIOD FOR THE OFFENSE AS SET FORTH IN 42 PA.C.S.
CH.
55 SUBCH.
C;
OR (II) THE END OF THE LIMITATION PERIOD UNDER PARAGRAPH (1).
(III) THE OFFICE OF VICTIMS' SERVICES MAY FIND GOOD CAUSE TO ACCEPT A CLAIM BEYOND THE LIMITATION PERIOD UNDER PARAGRAPH (1) IF ONE OF THE FOLLOWING CIRCUMSTANCES EXISTED AT THE TIME OF THE OCCURRENCE OF THE CRIME OR THE DISCOVERY OF THE OCCURRENCE OF THE CRIME:
(A) THE DIRECT VICTIM, INTERVENOR OR CLAIMANT WAS MENTALLY OR PHYSICALLY INCAPACITATED.
(B) THE VICTIM WAS A MINOR.
(C) THERE WAS A FEAR OF RETALIATION.
(D) THE OCCURRENCE OF THE CRIME WAS NOT READILY APPARENT.
(E) OTHER CIRCUMSTANCES WHEN GOOD CAUSE IS SHOWN BY THE CLAIMANT.
(B.1) RETURNED CLAIMS.--IF A CLAIM HAS BEEN FILED BUT SUBSEQUENTLY RETURNED TO THE CLAIMANT FOR CORRECTION OR FOR ADDITIONAL VERIFICATION OR INFORMATION, THE DATE THE CLAIM WAS FIRST RECEIVED BY THE [BUREAU] OFFICE OF VICTIMS' SERVICES SHALL BE THE PERMANENT FILING DATE FOR PURPOSES OF SUBSECTION (B).
THE CORRECTION OR ADDITIONAL VERIFICATION OR INFORMATION MUST BE FILED WITHIN A PERIOD OF TIME ESTABLISHED BY THE OFFICE OF VICTIMS' SERVICES.
(C) MANNER.--CLAIMS MUST BE FILED WITH THE [BUREAU] OFFICE OF VICTIMS' SERVICES IN PERSON, BY MAIL OR BY ANY ELECTRONIC MEANS AUTHORIZED BY THE OFFICE OF VICTIMS' SERVICES.
SECTION 703.
MINIMUM ALLOWABLE CLAIM.
20180SB1072PN1586 - 40 - (A) GENERAL RULE.--EXCEPT AS SET FORTH IN SUBSECTION (B), NO AWARD SHALL BE MADE ON A CLAIM UNLESS THE CLAIMANT HAS INCURRED AN AGGREGATE MINIMUM OUT-OF-POCKET LOSS, LOSS OF EARNINGS OR LOSS OF SUPPORT OF [$100] $50.
(B) EXCEPTION.--SUBSECTION (A) SHALL NOT APPLY IF THE DIRECT VICTIM OR CLAIMANT WAS 60 YEARS OF AGE OR OLDER AT THE TIME THE CRIME OCCURRED.
SECTION 704.
DETERMINATION OF CLAIMS.
* * * (B) REVIEW.-- (1) THE OFFICE OF VICTIMS' SERVICES SHALL REVIEW THE CLAIM AND ALL SUPPORTING DOCUMENTS AND INVESTIGATE THE VALIDITY OF THE CLAIM.
THE INVESTIGATION SHALL INCLUDE AN EXAMINATION OF POLICE, COURT AND OFFICIAL RECORDS AND REPORTS CONCERNING THE CRIME AND MAY INCLUDE AN EXAMINATION OF MEDICAL AND HOSPITAL REPORTS RELATING TO THE INJURY UPON WHICH THE CLAIM IS BASED.
THE OFFICE OF VICTIMS' SERVICES MAY NOT REQUEST OR REVIEW COUNSELING NOTES OF MENTAL HEALTH SERVICE PROVIDERS.
THE OFFICE OF VICTIMS' SERVICES SHALL REQUEST AN ASSESSMENT FROM THE MENTAL HEALTH SERVICE PROVIDER AS TO THE EXTENT THE SERVICE PROVIDED IS NEEDED AS A DIRECT RESULT OF THE CRIME.
(2) CLAIMS SHALL BE INVESTIGATED AND DETERMINED, REGARDLESS OF WHETHER THE ALLEGED CRIMINAL HAS BEEN APPREHENDED, PROSECUTED OR ADJUDICATED FOR THE CRIME IN QUESTION.
* * * (E) RECORDS.--THE OFFICE OF VICTIMS' SERVICES SHALL MAINTAIN COMPLETE RECORDS AND HISTORIES ON ALL CLAIMS FILED, SUPPLEMENTAL AWARDS PAID TO CLAIMANTS, CLAIMS STATUS AND THIRD-PARTY 20180SB1072PN1586 - 41 - ENTITLEMENTS AND RECOVERIES IN ACCORDANCE WITH THE COMMISSION'S ESTABLISHED RECORDS RETENTION SCHEDULE.
SECTION 706.
EMERGENCY AWARDS.
(A) AUTHORIZATION.--NOTWITHSTANDING THE PROVISIONS OF SECTIONS 704 AND 707, IF IT APPEARS TO THE OFFICE OF VICTIMS' SERVICES THAT THE CLAIM IS ONE WITH RESPECT TO WHICH AN AWARD PROBABLY WILL BE MADE AND THAT UNDUE HARDSHIP WILL RESULT TO THE CLAIMANT IF IMMEDIATE PAYMENT IS NOT MADE, THE OFFICE OF VICTIMS' SERVICES MAY MAKE AN EMERGENCY AWARD TO THE CLAIMANT PENDING A FINAL DECISION IN THE CASE.
THE FOLLOWING SHALL APPLY:
(1) THE TOTAL AMOUNT OF THE EMERGENCY AWARD SHALL NOT EXCEED [$1,500 PER CLAIM OR AT] A RATE SET BY THE OFFICE OF VICTIMS' SERVICES.
* * * (B) RECONSIDERATION.--THE OFFICE OF VICTIMS' SERVICES MAY RECONSIDER AN EMERGENCY AWARD AT ANY TIME PRIOR TO THE FINAL DECISION IN THE CASE AND INCREASE PREVIOUS ORDERS FOR EMERGENCY COMPENSATION UP TO THE OVERALL LIMIT OF [$1,500 PER CLAIM OR AT] A RATE SET BY THE OFFICE OF VICTIMS' SERVICES.
* * * SECTION 9.
SECTION 707(A)(3), (A.1)(2), (B)(1), (2), (4) AND (4.1), (F)(1) AND (3) AND (G) OF THE ACT ARE AMENDED AND THE SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:
SECTION 707.
AWARDS.
(A) REQUIREMENTS.--NO AWARD SHALL BE MADE UNLESS IT IS DETERMINED BY A PREPONDERANCE OF THE EVIDENCE THAT:
* * * (3) THE CRIME WAS PROMPTLY REPORTED TO THE PROPER AUTHORITIES.
IN NO CASE MAY AN AWARD BE MADE IF THE RECORD SHOWS THAT THE REPORT WAS MADE MORE THAN 72 HOURS AFTER THE 20180SB1072PN1586 - 42 - DISCOVERY OF THE OCCURRENCE OF THE CRIME UNLESS:
(I) THE VICTIM IS UNDER 18 YEARS OF AGE AT THE TIME OF THE OCCURRENCE OF THE CRIME AND THE ALLEGED OFFENDER IS THE VICTIM'S PARENT OR A PERSON RESPONSIBLE 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 BUREAU REGULATIONS.
* * * (A.1) PROTECTION FROM ABUSE.--A CLAIMANT WHO SATISFIES THE ELIGIBILITY REQUIREMENTS OF SUBSECTION (A)(1), (2) AND (4) MAY SATISFY THE ELIGIBILITY REQUIREMENT UNDER SUBSECTION (A)(3) FOR REPORTING A CRIME TO THE PROPER AUTHORITIES BY COMMENCING AN ACTION BROUGHT IN ACCORDANCE WITH 23 PA.C.S.
CH.
61 (RELATING TO PROTECTION FROM ABUSE) AND AS PROVIDED FOR IN THE PENNSYLVANIA RULES OF CIVIL PROCEDURE.
IN NO CASE MAY AN AWARD BE MADE IF THE RECORD SHOWS THAT THE PETITION WAS:
* * * (2) FILED MORE THAN 72 HOURS AFTER THE DISCOVERY OF THE OCCURRENCE OF THE CRIMINAL CONDUCT LEADING TO THE COMMENCEMENT OF THE ACTION, UNLESS:
(I) THE VICTIM IS UNDER 18 YEARS OF AGE AT THE TIME OF THE OCCURRENCE OF THE CRIMINAL CONDUCT AND THE ALLEGED OFFENDER IS THE VICTIM'S PARENT OR A PERSON RESPONSIBLE 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 VICTIM SERVICES FINDS THE DELAY TO HAVE BEEN JUSTIFIED, CONSISTENT WITH REGULATIONS OF 20180SB1072PN1586 - 43 - THE OFFICE OF VICTIM SERVICES.
(A.2) SEXUAL VIOLENCE AND INTIMIDATION ORDERS.--A CLAIMANT WHO SATISFIES THE ELIGIBILITY REQUIREMENTS OF SUBSECTION (A)(1), (2) AND (4) MAY SATISFY THE ELIGIBILITY REQUIREMENT UNDER SUBSECTION (A)(3) FOR REPORTING A CRIME TO THE PROPER AUTHORITIES BY COMMENCING AN ACTION BROUGHT IN ACCORDANCE WITH 42 PA.C.S.
CH.
62A (RELATING TO PROTECTION OF VICTIMS OF SEXUAL VIOLENCE OR INTIMIDATION).
AN AWARD MAY NOT BE MADE IF THE RECORD SHOWS THAT THE PETITION WAS:
(1) WITHDRAWN, UNLESS THE OFFICE OF VICTIM SERVICES FINDS THE WITHDRAWAL TO HAVE BEEN JUSTIFIED, CONSISTENT WITH REGULATIONS OF THE OFFICE OF VICTIM SERVICES.
(2) FILED MORE THAN 72 HOURS AFTER THE DISCOVERY OF THE OCCURRENCE OF THE CRIMINAL CONDUCT LEADING TO THE COMMENCEMENT OF THE ACTION, EXCEPT IF:
(I) THE VICTIM IS UNDER 18 YEARS OF AGE AT THE TIME OF THE OCCURRENCE OF THE CRIMINAL CONDUCT AND THE ALLEGED OFFENDER IS THE VICTIM'S PARENT OR A PERSON RESPONSIBLE 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 VICTIM SERVICES FINDS THE DELAY TO HAVE BEEN JUSTIFIED, CONSISTENT WITH REGULATIONS OF THE OFFICE OF VICTIM SERVICES.
(B) AMOUNT.-- (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.
IN NO CASE SHALL THE TOTAL AMOUNT OF AN AWARD EXCEED 20180SB1072PN1586 - 44 - $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 OR PRIVATELY OWNED MOTOR VEHICLE, THE AMOUNT OF WHICH SHALL NOT EXCEED $500.
(2) AN AWARD MADE FOR LOSS OF EARNINGS OR LOSS OF 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 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.
* * * (4) AN AWARD FOR COUNSELING PERFORMED BY OR UNDER THE 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:
(I) A DIRECT VICTIM;
20180SB1072PN1586 - 45 - (II) AN INDIVIDUAL RESPONSIBLE FOR THE DIRECT VICTIM'S WELFARE;
(III) AN INTERVENOR OR INDIVIDUAL WHO IS PHYSICALLY PRESENT AT THE CRIME SCENE AND WITNESSES A VIOLENT CRIME;
(IV) IN THE CASE OF A HOMICIDE, AN INDIVIDUAL WHO DISCOVERS THE BODY;
(V) ANYONE RELATED TO THE DIRECT VICTIM WITHIN THE SECOND DEGREE OF CONSANGUINITY OR AFFINITY;
(VI) ANYONE MAINTAINING A COMMON-LAW RELATIONSHIP PRIOR TO JANUARY 2, 2005, WITH THE DIRECT VICTIM;
(VII) ANYONE RESIDING IN THE SAME HOUSEHOLD WITH THE DIRECT VICTIM;
OR (VIII) ANYONE ENGAGED TO BE MARRIED TO THE DIRECT VICTIM.
(4.1) IN THE CASE OF AN AWARD MADE PURSUANT TO PARAGRAPH (4), THE FOLLOWING SHALL APPLY:
(I) THE AMOUNT OF AN AWARD UNDER PARAGRAPH (4)(I) SHALL NOT EXCEED $5,000 WHERE THE DIRECT VICTIM IS AN ADULT AND SHALL NOT EXCEED $10,000 WHERE THE DIRECT VICTIM IS A MINOR.
A MINOR WHO IS A DIRECT VICTIM OF A SEXUAL OFFENSE MAY REQUEST THAT THE MINOR'S PRIMARY INSURANCE CARRIER NOT BE BILLED FOR COUNSELING SERVICES IF THE POLICY IS HELD OR ADMINISTERED BY EITHER THE ALLEGED PERPETRATOR OF THE CRIME AGAINST THE DIRECT VICTIM OR AN INDIVIDUAL RESPONSIBLE FOR THE MINOR'S WELFARE THAT IS NOT SUPPORTIVE OF COUNSELING SERVICES.
(II) THE AMOUNT OF AN AWARD UNDER PARAGRAPH (4)(II), (V), (VI), (VII) OR (VIII) SHALL NOT EXCEED $2,500 EXCEPT IN THE CASE OF A HOMICIDE WHEREBY THE AMOUNT OF THIS AWARD SHALL NOT EXCEED $5,000.
20180SB1072PN1586 - 46 - (III) THE AMOUNT OF AN AWARD UNDER PARAGRAPH (4) (III) OR (IV) SHALL NOT EXCEED $1,500.
* * * (F) DIRECT VICTIM RESPONSIBILITY.-- (1) EXCEPT AS SET FORTH IN PARAGRAPHS (2) AND (3), IN DETERMINING THE AMOUNT OF AN AWARD, THE OFFICE OF VICTIMS' SERVICES SHALL DETERMINE WHETHER THE DIRECT VICTIM OR INTERVENOR, BECAUSE OF CONDUCT, CONTRIBUTED TO THE INFLICTION OF THE INJURY.
THE OFFICE OF VICTIMS' SERVICES [SHALL] MAY REDUCE THE AMOUNT OR DENY THE CLAIM ALTOGETHER IN ACCORDANCE WITH THE DETERMINATION.
* * * (3) IF THE CRIME INVOLVED IS A HOMICIDE, THE CONDUCT OF THE DIRECT VICTIM SHALL NOT BE CONSIDERED FOR CLAIMS BY ELIGIBLE CLAIMANTS FOR COUNSELING[.] AND FUNERAL EXPENSES.
FUNERAL EXPENSES ELIGIBILITY, IF THE CONDUCT OF THE DIRECT VICTIM IS A FACTOR, SHALL BE DEPENDENT UPON THE AVAILABILITY OF FUNDING.
(G) INTERVENOR RESPONSIBILITY.--IN DETERMINING THE AMOUNT OF AN AWARD TO AN INTERVENOR, THE OFFICE OF VICTIMS' SERVICES [MAY] SHALL CONSIDER WHETHER THE INTERVENOR, BECAUSE OF CONDUCT, CONTRIBUTED TO THE INFLICTION OF THE INJURY.
THE OFFICE OF VICTIMS' SERVICES [SHALL] MAY REDUCE THE AMOUNT OR DENY THE CLAIM ALTOGETHER IN ACCORDANCE WITH THE DETERMINATION.
* * * SECTION 10.
SECTIONS 709(A) AND 901 OF THE ACT ARE AMENDED TO READ:
SECTION 709.
CONFIDENTIALITY OF RECORDS.
(A) GENERAL RULE.--ALL REPORTS, RECORDS OR OTHER INFORMATION OBTAINED OR PRODUCED BY THE [BUREAU] OFFICE OF VICTIMS' SERVICES 20180SB1072PN1586 - 47 - DURING THE PROCESSING OR INVESTIGATION OF A CLAIM SHALL BE CONFIDENTIAL AND PRIVILEGED, SHALL NOT BE SUBJECT TO SUBPOENA OR DISCOVERY, SHALL BE USED FOR NO PURPOSE OTHER THAN THE PROCESSING OF A CLAIM AND, EXCEPT AS OTHERWISE PROVIDED BY LAW OR AS PROVIDED IN THIS SECTION, SHALL NOT BE INTRODUCED INTO EVIDENCE IN ANY JUDICIAL OR ADMINISTRATIVE PROCEEDING.
* * * SECTION 901.
ELIGIBILITY OF VICTIMS.
A VICTIM HAS THE RIGHTS AND IS ELIGIBLE FOR THE SERVICES UNDER SECTIONS 201 AND 902 ONLY IF THE VICTIM REPORTED THE CRIME TO LAW ENFORCEMENT AUTHORITIES WITHOUT UNREASONABLE DELAY AFTER [ITS] THE OCCURRENCE OF THE CRIME OR THE DISCOVERY OF THE OCCURRENCE OF THE CRIME, UNLESS THE VICTIM HAD A REASONABLE EXCUSE NOT TO DO SO.
SECTION 11.
SECTION 1101(B) IS AMENDED BY ADDING A PARAGRAPH TO READ:
SECTION 1101.
COSTS.
* * * (B) DISPOSITION.-- * * * (3) BEGINNING JULY 1, 2018, THE SPECIAL NONLAPSING FUNDS ESTABLISHED UNDER SUBSECTION (B)(1) AND (2) SHALL BE MERGED INTO A SINGLE SPECIAL NONLAPSING FUND, KNOWN AS THE CRIME VICTIM SERVICES AND COMPENSATION FUND.
THE FUND SHALL BE USED BY THE OFFICE OF VICTIMS' SERVICES FOR PAYMENT TO CLAIMANTS, VICTIM-WITNESS SERVICES AND TECHNICAL ASSISTANCE.
COSTS IMPOSED UNDER SUBSECTION (A) SHALL BE PAID INTO THE FUND.
* * * SECTION 12.
SECTIONS 1102(A), (B), (C) AND (D) AND 1301(B) OF THE ACT ARE AMENDED TO READ:
20180SB1072PN1586 - 48 - SECTION 1102.
COSTS FOR OFFENDER SUPERVISION PROGRAMS.
(A) COUNTY FUND.--THE COUNTY TREASURER OF EACH COUNTY SHALL ESTABLISH AND ADMINISTER A [COUNTY OFFENDER SUPERVISION FUND] COUNTY SUPERVISION FEE RESTRICTED RECEIPTS ACCOUNT CONSISTING OF THE FEES COLLECTED UNDER THIS SECTION.
THE COUNTY TREASURER SHALL DISPERSE MONEY FROM THIS [FUND] ACCOUNT ONLY AT THE DISCRETION OF THE PRESIDENT JUDGE OF THE COURT OF COMMON PLEAS.
THE MONEY IN THIS [FUND] ACCOUNT SHALL BE USED TO PAY THE SALARIES AND EMPLOYEE BENEFITS OF ALL PROBATION AND PAROLE PERSONNEL EMPLOYED BY THE COUNTY PROBATION AND PAROLE DEPARTMENT AND THE OPERATIONAL EXPENSES OF THAT DEPARTMENT.
MONEY FROM THIS [FUND] ACCOUNT SHALL BE USED TO SUPPLEMENT FEDERAL, STATE OR COUNTY APPROPRIATIONS FOR THE COUNTY ADULT PROBATION AND PAROLE DEPARTMENT.
THE PRESIDENT JUDGE SHALL BY AUGUST 31 PROVIDE THE [BOARD] COMMISSION WITH AN ANNUAL STATEMENT [WHICH] THAT FULLY REFLECTS ALL COLLECTIONS DEPOSITED INTO AND EXPENDITURES FROM THE [OFFENDER SUPERVISION FUND] COUNTY SUPERVISION FEE RESTRICTED RECEIPTS ACCOUNT FOR THE PRECEDING FISCAL YEAR.
THE [BOARD] COMMISSION SHALL PROMULGATE REGULATIONS TO PROVIDE FOR THE PERMANENT ADMINISTRATION OF THIS PROGRAM, AS ADVISED BY THE COUNTY ADULT PROBATION AND PAROLE ADVISORY COMMITTEE.
(B) STATE FUND.--THERE IS ESTABLISHED A STATE OFFENDER SUPERVISION FUND TO BE ADMINISTERED BY THE BOARD AND COMPRISED OF THE SUPERVISION FEES COLLECTED BY THE BOARD UNDER [THIS SECTION] SUBSECTION (D).
THE MONEY IN THIS FUND SHALL BE USED TO SUPPLEMENT THE FEDERAL OR STATE FUNDS APPROPRIATED FOR THE IMPROVEMENT OF [ADULT PROBATION SERVICES] STATE PAROLE SUPERVISION.
(C) COURT.--THE COURT SHALL IMPOSE AS A CONDITION OF SUPERVISION A MONTHLY SUPERVISION FEE OF AT LEAST $25 ON ANY 20180SB1072PN1586 - 49 - OFFENDER PLACED ON PROBATION, PAROLE, ACCELERATED REHABILITATIVE DISPOSITION, PROBATION WITHOUT VERDICT OR INTERMEDIATE PUNISHMENT UNLESS THE COURT FINDS THAT THE FEE SHOULD BE REDUCED, WAIVED OR DEFERRED BASED ON THE OFFENDER'S PRESENT INABILITY TO PAY.
[OF THE FEE COLLECTED, 50%] ALL OF THE FEES SHALL BE DEPOSITED INTO THE COUNTY [OFFENDER SUPERVISION FUND] SUPERVISION FEE RESTRICTED RECEIPTS ACCOUNT ESTABLISHED IN EACH COUNTY PURSUANT TO THIS SECTION[, AND THE REMAINING 50% SHALL BE DEPOSITED INTO THE STATE OFFENDER SUPERVISION FUND ESTABLISHED PURSUANT TO THIS SECTION].
ALL FUNDS WITHIN THE ACCOUNT SHALL BE ACCOUNTED FOR CONSISTENT WITH THE BUDGET, ACCOUNTING, CONTRACTING, PROCUREMENT, AUDIT, SALARY BOARD AND OTHER RELEVANT PROVISIONS OF THE ACT OF AUGUST 9, 1955 (P.L.323, NO.130), KNOWN AS THE COUNTY CODE, AND MAY BE SUBJECT TO AUDIT BY THE AUDITOR GENERAL UNDER SECTION 401(D) OF THE ACT OF APRIL 9, 1929 (P.L.343, NO.176), KNOWN AS THE FISCAL CODE.
(D) BOARD.--THE BOARD SHALL IMPOSE AS A CONDITION OF SUPERVISION A MONTHLY SUPERVISION FEE OF AT LEAST $25 ON ANY OFFENDER UNDER THE BOARD'S SUPERVISION UNLESS THE BOARD FINDS THAT SUCH FEE SHOULD BE REDUCED, WAIVED OR DEFERRED BASED ON THE OFFENDER'S PRESENT INABILITY TO PAY.
ALL FEES COLLECTED SHALL BE DEPOSITED INTO THE STATE OFFENDER SUPERVISION FUND [ESTABLISHED UNDER SUBSECTION (B)].
* * * SECTION 1301.
SUBROGATION.
* * * (B) EXCESS.--IF AN AMOUNT GREATER THAN THAT PAID UNDER CHAPTER 7 IS RECOVERED AND COLLECTED IN SUCH AN ACTION, THE COMMONWEALTH SHALL PAY THE BALANCE TO THE CLAIMANT.
THE ATTORNEY GENERAL SHALL ENFORCE ANY SUBROGATION.
A CLAIMANT WHO FAILS TO 20180SB1072PN1586 - 50 - NOTIFY THE OFFICE OF VICTIMS' SERVICES OF THE RECEIPT OF FUNDS FROM ANY OTHER CLAIM OR AWARD ARISING OUT OF THE CRIME SHALL FORFEIT AND PAY TO THE COMMONWEALTH AN AMOUNT EQUAL TO ALL AWARDS PAID BY THE [BUREAU] OFFICE OF VICTIMS' SERVICES TO THE CLAIMANT OR ON THE CLAIMANT'S BEHALF.
SECTION 13.
THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
20180SB1072PN1586 - 51 -
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Action History

  1. Referred to JUDICIARY

  2. Third consideration and final passage

  3. PN 1650 Re-reported as amended

  4. Re-referred to APPROPRIATIONS

  5. PN 1586 Second consideration, with amendments

  6. First consideration

  7. Reported as committed

  8. PN 1527 Referred to JUDICIARY

Sponsors

Sponsorship breakdown

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1 sponsors · 6 co-sponsors · 246 not signed on

Sponsors (1)

  • Greenleaf

Co-sponsors (6)

Not signed on (246)

246 members have not signed on to this bill.

Show all 246 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

FINAL PASSAGE

Passed 49 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 29000
Republican 13000
Democratic 7001
Total 49001
% of votes cast 98%0%0%2%
How each member voted (50)
Member Party Vote
ALLOWAY — Yea
AUMENT — Yea
BLAKE — Yea
BREWSTER — Yea
BROWNE — Yea
CORMAN — Yea
DINNIMAN — Yea
DISANTO — Yea
EICHELBERGER — Yea
FARNESE — Yea
FOLMER — Yea
GORDNER — Yea
GREENLEAF — Yea
KILLION — Yea
LEACH — Yea
MCGARRIGLE — Yea
MCILHINNEY — Yea
MENSCH — Yea
RAFFERTY — Yea
REGAN — Yea
RESCHENTHALER — Yea
SABATINA — Yea
SCARNATI — Yea
SCAVELLO — Yea
VULAKOVICH — Yea
WAGNER — Yea
WARD — Yea
WILLIAMS — Yea
YUDICHAK — Yea
Art Haywood Democratic Not Voting
Christine M. Tartaglione Democratic Yea
Jay Costa Democratic Yea
Judith L. Schwank Democratic Yea
Lisa M. Boscola Democratic Yea
Sharif Street Democratic Yea
Vincent J. Hughes Democratic Yea
Wayne D. Fontana Democratic Yea
Camera Bartolotta Republican Yea
Daniel Laughlin Republican Yea
David G. Argall Republican Yea
Elder A. Vogel Republican Yea
Gene Yaw Republican Yea
Kathleen C. Tomlinson Republican Yea
Lisa Baker Republican Yea
Martina A. White Republican Yea
Michele Brooks Republican Yea
Patrick J. Stefano Republican Yea
Scott E. Hutchinson Republican Yea
Scott Martin Republican Yea
Wayne Langerholc Republican Yea

Official roll call →

Committee vote (APPROPRIATIONS): Re-Reported as Amended

Passed 26 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 6000
Unaffiliated 14000
Democratic 6000
Total 26000
% of votes cast 100%0%0%0%
How each member voted (26)
Member Party Vote
BLAKE — Yea
BREWSTER — Yea
EICHELBERGER — Yea
GREENLEAF — Yea
KILLION — Yea
LEACH — Yea
MENSCH — Yea
SCAVELLO — Yea
VULAKOVICH — Yea
WAGNER — Yea
WARD — Yea
BROWNE — Yea
CORMAN — Yea
SCARNATI — Yea
Art Haywood Democratic Yea
Christine M. Tartaglione Democratic Yea
Jay Costa Democratic Yea
Judith L. Schwank Democratic Yea
Sharif Street Democratic Yea
Vincent J. Hughes Democratic Yea
David G. Argall Republican Yea
Elder A. Vogel Republican Yea
Gene Yaw Republican Yea
Lisa Baker Republican Yea
Scott Martin Republican Yea
Wayne Langerholc Republican Yea

Official roll call →

Committee vote (JUDICIARY): Reported as Committed

Passed 15 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11000
Democratic 2000
Republican 2000
Total 15000
% of votes cast 100%0%0%0%
How each member voted (15)
Member Party Vote
ALLOWAY — Yea
EICHELBERGER — Yea
FARNESE — Yea
GORDNER — Yea
LEACH — Yea
RAFFERTY — Yea
RESCHENTHALER — Yea
SABATINA — Yea
VULAKOVICH — Yea
GREENLEAF — Yea
SCARNATI — Yea
Art Haywood Democratic Yea
Lisa M. Boscola Democratic Yea
Gene Yaw Republican Yea
Wayne Langerholc Republican Yea

Official roll call →

Subjects

public-safety
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Frequently asked questions

Who sponsors SB 1072?
SB 1072 is sponsored by Vincent J. Hughes (Democratic), Judith L. Schwank (Democratic), Sharif Street (Democratic), Yudichak, Browne, Greenleaf, and Leach.
What is the current status of SB 1072?
This bill died with 2017-2018 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 1072?
Track SB 1072 free on One Click Politics — get push/email alerts when it moves.

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