act-2002-0-85•Pennsylvania Act 2002-85 — CRIME VICTIMS ACT - OMNIBUS AMENDMENTS
Pennsylvania Act 2002-85 — CRIME VICTIMS ACT - OMNIBUS AMENDMENTS
act-2002-0-852002 Pa. Act 85Law
Act text
CRIME VICTIMS ACT - OMNIBUS AMENDMENTS
Act of Jun. 28, 2002, P.L. 496, No. 85 Cl. 44
Session of 2002
No. 2002-85
SB 380
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,"
further providing for definitions, for rights of victims, for
responsibilities of State and local law enforcement agencies
and for powers and duties of bureau; amending provisions
relating to compensation; and further providing for
establishment of basic services for victims of crime.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 103, 201 and 212 of the act of November
24, 1998 (P.L.882, No.111), known as the Crime Victims Act,
amended October 30, 2000 (P.L.641, No.86), are amended 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:
"Adult." Any of the following:
(1) An individual charged with a crime who is 18 years
of age or older.
(2) An individual who is subject to criminal court
jurisdiction following the transfer of a case to criminal
proceedings.
(3) An individual who is subject to criminal court
jurisdiction after having been charged with a crime excluded
from the definition of "delinquent act" pursuant to 42
Pa.C.S. § 6302 "delinquent act" (2)(i), (ii), (iii) or (v)
(relating to definitions).
"Board." The Pennsylvania Board of Probation and Parole.
["Bureau." The Bureau of Victims' Services in the
Pennsylvania Commission on Crime and Delinquency.]
"Claimant." The person filing a claim under Chapter 7.
"Commission." The Pennsylvania Commission on Crime and
Delinquency.
"Committee." The Victims' Services Advisory Committee
established in section 321.
"Crime." An act[, including an act resulting in injury
intentionally inflicted through the use of a motor vehicle,]
which was committed:
(1) In this Commonwealth by a person, including a
juvenile, without regard to legal exemption or defense which
would constitute a crime under:
(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) or 5502.1
(relating to homicide by watercraft while operating under
influence) and 75 Pa.C.S. § 3731 (relating to driving
under influence of alcohol or controlled substance), 3732
(relating to homicide by vehicle), 3735 (relating to
homicide by vehicle while driving under influence),
3735.1 (relating to aggravated assault by vehicle while
driving under the influence) or 3742 (relating to
accidents involving death or personal injury); or
(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
[state] location other than this Commonwealth.
(3) Against a resident of this Commonwealth which is an
act of international terrorism.
"Department." The Department of Corrections of the
Commonwealth.
"Direct victim." An individual against whom a crime has been
committed or attempted and who as a direct result of the
criminal act or attempt suffers physical or mental injury, death
or the loss of earnings under this act. The term shall not
include the alleged offender. The term includes a resident of
this Commonwealth against whom an act has been committed or
attempted which otherwise would constitute a crime as defined in
this act but for its occurrence in a [state] location other than
this Commonwealth and for which the [person] individual would
otherwise be compensated by the crime victim compensation
program of the [state] location where the act occurred but for
the ineligibility of such program under the provisions of the
Victims of Crime Act of 1984 (Public Law 98-473, 42 U.S.C. §
10601 et seq.).
"Dispositional proceeding." A proceeding which occurs in
open common pleas court which potentially could dispose of the
case. The term includes Accelerated Rehabilitative Disposition,
pleas, trial and sentence.
"Diversionary program." A program which is used to divert
the defendant to an alternative form of disposition under the
Pennsylvania Rules of Criminal Procedure or statutory authority.
The term includes dispositions authorized by Rules 160, 176 and
314 of the Pennsylvania Rules of Criminal Procedure and sections
17 and 18 of the act of April 14, 1972 (P.L.233, No.64), known
as The Controlled Substance, Drug, Device and Cosmetic Act.
"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 with
that individual; or
(3) anyone residing in the same household with that
individual.
"Injury." Includes physical or mental damages incurred as a
direct result of the crime and aggravation of existing injuries
if additional losses can be attributed to the direct result of
the crime. [Compensation for mental damages is limited to
expenses incurred for psychological or psychiatric services
which became necessary as a direct result of the crime.]
"International terrorism." Activities which meet all of the
following:
(1) Involve violent acts or acts dangerous to human life
that are a violation of the criminal laws of the United
States or of any state or that would be a criminal violation
if committed within the jurisdiction of the United States or
of any state.
(2) Appear to be intended:
(i) to intimidate or coerce a civilian population;
(ii) to influence the policy of a government by
intimidation or coercion; or
(iii) to affect the conduct of a government by
assassination or kidnapping.
(3) Occur primarily outside of the territorial
jurisdiction of the United States or transcend national
boundaries in terms of the means by which they are
accomplished, the persons they appear intended to intimidate
or coerce or the locale in which their perpetrators operate
or seek asylum.
"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.
"Juvenile." An individual who is alleged or has been
determined to be a "delinquent child" as defined in 42 Pa.C.S. §
6302 (relating to definitions).
"Law enforcement agency." The Pennsylvania State Police and
a local law enforcement agency.
"Local correctional facility." A jail, prison or detention
facility operated by a county or jointly by more than one county
and used for the confinement of individuals for safe custody.
The term does not include any facility used for the detention or
confinement of juveniles.
"Local law enforcement agency." A police department of a
city, borough, incorporated town or township.
"Loss of earnings." 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 support
[payment if the payment is] payments if the payments are the
primary source of the victim's income and the victim is deprived
of [the] money as a direct result of a crime.
"Office." The Office of Victim Advocate established in
section 302.
"Office of Victims' Services." The Office of Victims'
Services in the Pennsylvania Commission on Crime and
Delinquency.
"Out-of-pocket loss." [The unreimbursed and unreimbursable
expenses or indebtedness incurred for medical care, nonmedical
remedial care and treatment rendered in accordance with a
religious method of healing as approved by the board, or other
services. The term includes psychological counseling, prosthetic
devices, eyeglasses or other corrective lenses and dental
devices reasonably necessary as a result of the injury upon
which the claim is based and for which the claimant either has
paid or is liable. The term includes expenses for physical
examinations and materials used to obtain evidence. The term
does not include property damage or pain and suffering.] 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;
(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.
"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).
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).
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. § 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).
The term includes violations of any protective order issued as a
result of an act related to domestic violence.
"Preadjudication disposition." Any of the following:
(1) Disposition of an adult without a trial. This
paragraph includes accelerated rehabilitative disposition.
(2) Disposition of a juvenile prior to an adjudication
of delinquency under 42 Pa.C.S. Ch. 63 (relating to juvenile
matters), including informal adjustment as set forth in 42
Pa.C.S. § 6323 (relating to informal adjustment), and consent
decree as set forth in 42 Pa.C.S. § 6340 (relating to consent
decree).
"Prosecutor's office." The Office of Attorney General or the
office of a district attorney of a county.
"Victim." The term means the following:
(1) A direct victim.
(2) A parent or legal guardian of a child who is a
direct victim, except when the parent or legal guardian of
the child is the alleged offender.
(3) A minor child who is a material witness to any of
the following crimes and offenses under 18 Pa.C.S. (relating
to crimes and offenses) committed or attempted against a
member of the child's family:
Chapter 25 (relating to criminal homicide).
Section 2702 (relating to aggravated assault).
Section 3121 (relating to rape).
(4) A family member of a homicide victim, including
stepbrothers or stepsisters, stepchildren, stepparents or a
fiance, one of whom is to be identified to receive
communication as provided for in this act, except where the
family member is the alleged offender.
"Victim advocate." The victim advocate in the Office of
Victim Advocate within the Pennsylvania Board of Probation and
Parole.
Section 201. Rights.
Victims of crime have the following rights:
(1) To receive basic information concerning the services
available for victims of crime.
(2) To be notified of certain significant actions and
proceedings within the criminal and juvenile justice systems
pertaining to their case. This paragraph includes all of the
following:
(i) Access to information regarding whether the
juvenile was detained or released following arrest and
whether a petition alleging delinquency has been filed.
(ii) Immediate notification of a juvenile's
preadjudication escape from a detention center or shelter
facility and of the juvenile's subsequent apprehension.
(iii) Access to information regarding the grant or
denial of bail to an adult.
(iv) Immediate notification of an adult offender's
pretrial escape from a local correctional facility and of
the offender's subsequent apprehension.
(3) To be accompanied at all criminal and all juvenile
proceedings in accordance with 42 Pa.C.S. § 6336 (relating to
conduct of hearings) by a family member, a victim advocate or
other person providing assistance or support.
(4) In cases involving a personal injury crime or
burglary, to submit prior comment to the prosecutor's office
or juvenile probation office, as appropriate to the
circumstances of the case, on the potential reduction or
dropping of any charge or changing of a plea in a criminal or
delinquency proceeding, or, diversion of any case, including
an informal adjustment or consent decree.
(5) To have opportunity to offer prior comment on the
sentencing of a defendant or the disposition of a delinquent
child, to include the submission of a written and oral victim
impact statement detailing the physical, psychological and
economic effects of the crime on the victim and the victim's
family. The written statement shall be included in any
predisposition or presentence report submitted to the court.
Victim-impact statements shall be considered by a court when
determining the disposition of a juvenile or sentence of an
adult.
(5.1) To have notice and to provide prior comment on a
judicial recommendation that the defendant participate in a
motivational boot camp pursuant to the act of December 19,
1990 (P.L.1391, No.215), known as the Motivational Boot Camp
Act.
[(5.1)] (5.2) Upon request of the victim of a personal
injury crime, to have the opportunity to submit written
comment or present oral testimony at a disposition review
hearing, which comment or testimony shall be considered by
the court when reviewing the disposition of the juvenile.
(6) To be restored, to the extent possible, to the
precrime economic status through the provision of
restitution, compensation and the expeditious return of
property which is seized as evidence in the case when in the
judgment of the prosecutor the evidence is no longer needed
for prosecution of the case.
(7) In personal injury crimes where the adult is
sentenced to a State correctional facility, to be:
(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; [and]
(ii) provided immediate notice of an escape of the
adult and of subsequent apprehension[.]; and
(iii) given the opportunity to receive notice of and
to provide prior comment on a recommendation sought by
the Department of Corrections that the offender
participate in a motivational boot camp pursuant to the
Motivational Boot Camp Act.
(8) In personal injury crimes where the adult is
sentenced to a local correctional facility, to:
(i) receive notice of the date of the release of the
adult, including work release, furlough, parole, release
from a boot camp or community treatment center placement;
and
(ii) be provided with immediate notice of an escape
of the adult and of subsequent apprehension.
(8.1) If, upon the request of the victim of a personal
injury crime committed by a juvenile, the juvenile is ordered
to residential placement, a shelter facility or a detention
center, to:
(i) Receive prior notice of the date of the release
of the juvenile, including temporary leave or home pass.
(ii) Be provided with:
(A) immediate notice of an escape of the
juvenile, including failure to return from temporary
leave or home pass; and
(B) immediate notice of reapprehension of the
juvenile.
(iii) Be provided with notice of transfer of a
juvenile who has been adjudicated delinquent from a
placement facility that is contrary to a previous court
order or placement plan approved at a disposition review
hearing and to have the opportunity to express a written
objection prior to the release or transfer of the
juvenile.
(9) If the adult is subject to an order under 23 Pa.C.S.
Ch. 61 (relating to protection from abuse) and is committed
to a local correctional facility for a violation of the order
or for a personal injury crime against a victim protected by
the order, to receive immediate notice of the release of the
adult on bail.
(10) To receive notice if an adult is committed to a
mental health facility from a State correctional institution
and notice of the discharge, transfer or escape of the adult
from the mental health facility.
(11) To have assistance in the preparation of,
submission of and follow-up on financial assistance claims to
the bureau.
(12) To be notified of the details of the final
disposition of the case of a juvenile consistent with 42
Pa.C.S. § 6336(f) (relating to conduct of hearings).
(13) Upon the request of the victim of a personal injury
crime, to be notified of the termination of the courts'
jurisdiction.
Section 212. Responsibilities of State and local law
enforcement agencies.
(a) Training.--A law enforcement agency shall insure that
all of its officers and employees are familiar with crime
victims' compensation as provided for in Chapter 7. Instruction
concerning crime victims' compensation shall be made a part of
the training curriculum for all trainee officers.
(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 shall
include the following paragraph:
If you have sustained injury as a direct result of a
crime, including drunk driving, or are legally dependent
for support upon a person who has sustained physical
injury or death as a direct result of a crime or, in the
event of a death caused by a crime, you have legally
assumed or voluntarily paid the medical or burial
expenses incurred as a direct result thereof or if you
have sustained a loss of a primary source of income, you
may qualify for indemnification by the Commonwealth of
Pennsylvania for the out-of-pocket wages, other out-of-
pocket losses and medical or burial expenses which you
have incurred as a result of the crime. Claims must be
filed with the Bureau of Victims' Services for the
Commonwealth of Pennsylvania. For further information
regarding this program, please contact:
(Name, business address and telephone
number of the local law enforcement
agency)
or
Bureau of Victims' Services
(at the address of the bureau as
published from time to time in
the Pennsylvania Bulletin)
Harrisburg, Pennsylvania
Important: The statute provides that, absent certain
extenuating circumstances, a claimant has one year from
the date of the crime to file a claim with the Bureau of
Victims' Services.] and in a manner and 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.
(c) Application.--The written notification provided for in
subsection [(b)] (b)(1) shall be accompanied by one copy of the
application form for crime victims' compensation. Application
forms shall be supplied by the [bureau] Office of Victims'
Services to law enforcement agencies. A record of the date of
notification shall be maintained by the law enforcement agency.
The [bureau] 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 [bureau] Office of Victims' Services
shall also provide updates to law enforcement agencies on
changes which affect their responsibilities under this act.
[(d) Information.--Law enforcement agencies are responsible
for providing basic information on 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 form to be developed
by the commission.]
(e) Forms.--The form developed by the [commission] 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.
(f) Notice in personal injury crimes.--
(1) In personal injury crimes, the law enforcement
agency shall make reasonable efforts to notify the victim of
the arrest of the suspect and of the filing or forwarding of
a complaint relating to the crime as soon as possible. Unless
the victim cannot be located, notice of the arrest shall be
provided not more than 24 hours after the preliminary
arraignment. In cases alleging delinquency, notice of the
filing or forwarding of a complaint shall be provided not
more than 24 hours after the complaint has been filed or
forwarded to the juvenile probation office or district
attorney.
(2) In personal injury crimes, a law enforcement agency,
sheriff, deputy sheriff or constable shall notify the victim
of an inmate's escape from the custody of the law enforcement
agency, sheriff, deputy sheriff or constable.
(g) Return of property.--The appropriate law enforcement
agency shall return to the victim property seized as evidence if
the prosecutor's office determines that the evidence is no
longer needed for prosecution.
Section 2. Sections 311 and 312 of the act are amended to
read:
Section 311. [Bureau] Office of Victims' Services.
(a) Establishment.--There is established within the
commission the [Bureau] Office of Victims' Services. The
[bureau] Office of Victims' Services shall be responsible for
administering Chapter 7. The [bureau] Office of Victims'
Services shall also be responsible for the disposition of all
claims for [direct victim] compensation filed under Chapter 7.
(b) Director.--A director of the [bureau] Office of Victims'
Services shall be appointed by the chairman of the commission.
The director shall be paid compensation as the executive board
may determine.
(c) Staff.--The director of the [bureau] Office of Victims'
Services may employ personnel and contract for services as
necessary and authorized to carry out the purposes of the
[bureau] Office of Victims' Services.
Section 312. Powers and duties of [bureau] Office of Victims'
Services.
The [bureau] Office of Victims' Services, subject to approval
of the commission, has the following powers and duties:
(1) To establish and maintain a principal office in or
near Harrisburg and such other offices within this
Commonwealth as it may deem necessary.
(2) To appoint counsel, clerks, claims verifiers,
hearing officers and other employees and agents as it may
deem necessary, to fix their compensation within the limits
provided by law and to prescribe their 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
[bureau] 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.
(4) To request and review from law enforcement agencies
and from any other state or municipal department, agency or
public authority assistance and data as will enable the
[bureau] Office of Victims' Services to carry out its powers
and duties.
(5) To determine all claims for awards filed with the
[bureau] Office of Victims' Services under Chapter 7 and to
reinvestigate or reopen cases as the [bureau] Office of
Victims' Services deems necessary.
(6) To direct medical examinations of direct victims.
(7) To appoint hearing officers authorized to administer
oaths or affirmations, to examine any person under oath or
affirmation and to issue subpoenas requiring attendance of
witnesses, testimony of witnesses and production of evidence.
Except where a claim is determined to be frivolous, [the
bureau shall reimburse] claimants shall receive reimbursement
at a rate to be determined by the Office of Victims' Services
for attending hearings, regardless of the disposition of the
claim[, at the rate of 20¢ per mile and at the rate of $20
for each day of hearing].
(8) To take or cause to be taken affidavits or
depositions in or outside of this Commonwealth.
(9) To render each year to the Governor and to the
General Assembly a written report of its activities. [In
every third annual report, the bureau upon investigation and
study shall include its findings and recommendations with
respect to the limits on compensation whether or not an
increase is being requested. The annual report shall include
a summary of an audit by the Auditor General or an
independent accounting firm of a statistically valid sample
of the amounts paid to direct victims so as to avoid
duplications, other possible errors or fraud. The bureau
shall formalize agreements with the Auditor General for the
provision of the annual audit.]
(10) To arrange with the heads of other Commonwealth
agencies for the performance of any of its functions under
this act with or without reimbursement and with the approval
of the Governor to delegate and authorize the redelegation of
any of its powers under this act.
(11) To establish a program to assure extensive and
continuing publicity of information regarding the
compensation provisions under Chapter 7. This information
shall include the right to file a claim, the scope of
coverage and procedures to be utilized incident thereto.
(12) To administer the funds under section 1101(b) for
the payment of claims filed under Chapter 7 and for all
reasonable and necessary administrative expenses.
(13) To establish compensation limits and reimbursement
rates for the purpose of carrying out the provisions of
Chapter 7. The Office of Victims' Services shall publish a
schedule of these compensation limits and reimbursement rates
in the Pennsylvania Bulletin provided that the Office of
Victims' Services shall, within two years of such
publication, promulgate a regulation setting forth the
schedule of compensation limits and reimbursement.
Section 3. Section 322(1) and (7) of the act, amended
October 30, 2000 (P.L.641, No.86), are amended to read:
Section 322. Powers and duties of committee.
The committee has the following powers and duties:
(1) To serve in an advisory capacity to the commission,
including the [bureau] Office of Victims' Services, through
the committee's participation in the development of that part
of the commission's plan relating to direct victims' services
and compensation.
* * *
(7) To receive staff support from the commission and the
[bureau] Office of Victims' Services in order to adequately
perform the duties provided for in this section.
Section 4. Sections 701, 702, 703, 704, 705, 706, 707, 708,
709, 710 and 902 of the act are amended to read:
Section 701. Persons eligible for compensation.
(a) General rule.--Except as otherwise provided in
[subsection (b)] this act, the following persons shall be
eligible for compensation:
(1) A direct victim.
(2) An intervenor.
(3) A surviving spouse, parent or child of a deceased
direct victim or intervenor.
(4) Any other individual dependent for principal support
upon a deceased direct victim or intervenor.
[(5) Any individual related to the direct victim who
assumes the obligation or who pays the funeral or burial
expense incurred as a direct result of the crime or, if no
relative assumes the obligation, the person who makes the
payment.]
(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.
(b) Exception.--A person who is criminally responsible for
the crime upon which a claim is based or an accomplice of the
person shall not be eligible to receive compensation with
respect to the claim. A member of the family of the individual
who committed the crime shall not be eligible if the offender is
living in the same household as the direct victim and will
substantially benefit from the award. The Attorney General may
at any time sue the offender or the direct victim, or both, to
recover the award if the offender benefits from the award.
[(c) Family.--If a crime results in death, the spouse,
children, parents or siblings of the direct victim who resided
within the same household as the direct victim shall be eligible
for compensation for the cost of psychological counseling and
other reasonable out-of-pocket losses which are deemed necessary
as a direct result of the criminal incident.]
Section 702. Filing of claims for compensation.
(a) General rule.--[A] Except as otherwise provided in this
act, a claim for compensation may be filed by an individual
eligible for compensation as provided in section 701[.] or as
follows:
(1) If the individual is a minor, the claim may be filed
by a parent or guardian. If the parent or guardian of a minor
who is eligible for compensation is unavailable or fails to
assume financial responsibility for the minor's care, a
person who assumes financial responsibility for services
eligible for compensation and who is not a provider of
services or an insurance company may file a claim on behalf
of the minor and may receive compensation for eligible
services provided to the minor.
(2) If the individual is mentally incompetent, the claim
may be filed by a guardian or legal representative. If the
guardian or legal representative of a mentally incompetent
individual who is eligible for compensation is unavailable or
fails to assume financial responsibility for the individual's
care, a person who assumes financial responsibility for
services eligible for compensation and who is not a provider
of services or an insurance company may file a claim on
behalf of the individual and may receive compensation for
eligible services provided to the individual.
(b) Time.--
(1) Except as set forth in paragraph (2), a claim must
be filed not later than [one year] two years after the
occurrence of the crime upon which the claim is based or not
later than [one year] two 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) [Extensions] Exceptions shall be as follows:
[(i) For good cause, the bureau may extend the time
for filing for a period of not more than two years after
the occurrence.]
(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, [the bureau
may, for good cause, extend the time for filing for a
period of not more than five years after the occurrence.]
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:
(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)] (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 shall
be the permanent filing date for purposes of [this
subsection] subsection (b). The correction or additional
verification or information must be filed within [six
months of the date of return] a period of time
established by the Office of Victims' Services.
(c) Manner.--Claims must be filed [in the office of] with
the bureau [or by mail] in person, by mail or by any electronic
means authorized by the Office of Victims' Services.
[(d) Notice.--Upon filing of a claim, the bureau shall
promptly notify the district attorney of the county where the
crime is alleged to have occurred. If, within ten days after
notification, the district attorney advises the bureau that a
criminal prosecution is pending upon the same alleged crime and
requests that action by the bureau be deferred, the bureau shall
defer all proceedings under this chapter until a trial verdict
has been rendered and shall so notify the district attorney and
claimant. When a trial verdict has been rendered, the district
attorney shall promptly notify the bureau. Nothing in this
section shall limit the authority of the bureau to grant
emergency awards under section 706.]
Section 703. Minimum allowable claim.
(a) General rule.--Except as set forth in subsection (b), no
award shall be made on a claim unless the claimant has incurred
[a minimum out-of-pocket loss of $100 or has lost at least two
continuous weeks' earnings or support] an aggregate minimum out-
of-pocket loss, loss of earnings or loss of support of $100.
(b) Exception.--Subsection (a) shall not apply if the direct
victim was 60 years of age or older at the time the crime
occurred.
Section 704. Determination of claims.
(a) Processing.--The [bureau] Office of Victims' Services
shall establish functional procedures for the intake,
verification and processing of claims.
(b) Review.--
(1) The [bureau] 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 an examination of medical and
hospital reports relating to the injury upon which the claim
is based. The [bureau] Office of Victims' Services may not
request or review counseling notes of mental health service
providers. The [bureau] 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.
(c) Determination.--The [bureau] Office of Victims' Services
shall determine whether to grant an award, increase or decrease
an award or deny the claim based on the supporting documents,
the report of the investigation and staff recommendations. If
the [bureau] Office of Victims' Services is unable to determine
if a claim is justified based upon the supporting documents, it
may direct a hearing before a hearing examiner designated by the
commission. At the hearing, any relevant evidence not legally
privileged shall be admissible.
(d) Notice.--The [bureau] Office of Victims' Services shall
promptly notify the claimant [and the State Treasurer] of [the]
its final decision [of the bureau].
(e) Records.--The [bureau] 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.
Section 705. Judicial review.
Within 30 days after receipt of a copy of the report
containing a final decision of the [bureau] Office of Victims'
Services, the claimant [or the Attorney General] may appeal the
final decision of the [bureau] Office of Victims' Services in
the manner provided for appeals from administrative agencies as
provided in 2 Pa.C.S. Ch. 7 Subch. A (relating to judicial
review of Commonwealth agency action).
Section 706. Emergency awards.
(a) Authorization.--Notwithstanding the provisions of
sections 704 and 707, if it appears to the [bureau] 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 [bureau]
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 [$1,000 per claim] $1,500 per claim or at a rate set
by the Office of Victims' Services.
(2) The amount of the emergency award shall be deducted
from any final award made to the claimant.
(3) The excess of the amount of the emergency award over
the amount of the final award or the full amount of the
emergency award if no final award is made shall be repaid by
the claimant to the [bureau] Office of Victims' Services.
(b) Reconsideration.--The [bureau] 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 [$1,000 per
claim] $1,500 per claim or at a rate set by the Office of
Victims' Services.
(c) Compilation.--The [bureau] Office of Victims' Services
shall compute the total number and amount of emergency awards
given in each fiscal year for inclusion in the annual report.
Section 707. Awards.
(a) Requirements.--No award shall be made unless it is
determined by a preponderance of the evidence that:
(1) A crime was committed.
(2) The person injured or killed was a direct victim or
intervenor.
(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
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 [bureau] Office of Victims' Services finds
the delay to have been justified, consistent with bureau
regulations. [The bureau, upon finding that any claimant,
direct victim or intervenor has not fully cooperated with
all law enforcement agencies, may deny or withdraw any
award, as the case may be.]
(4) The direct victim, intervenor or claimant has fully
cooperated with all law enforcement agencies and the Office
of Victims' Services unless the Office of Victims' Services
finds the noncompliance to have been justified consistent
with Office of Victims' Services regulations.
(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. 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
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.
(3) If an order of restitution has been entered on
behalf of the direct victim, those amounts actually collected
shall be applied first to property losses incident to the
crime and secondly to personal injury losses as set forth in
subsection (f).
(4) An award for counseling performed by or under the
supervision of a psychiatrist, psychologist, licensed
professional counselor or licensed social worker and subject
to the provisions of paragraph (4.1) may be made to:
(i) a direct victim;
(ii) an individual responsible for the direct
victim's welfare;
(iii) an 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
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.
(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.
(iii) The amount of an award under paragraph
(4)(iii) or (iv) shall not exceed $1,500.
(5) An award for the reasonable and necessary costs for
the replacement of prosthetic devices, wheelchairs, canes,
walkers, hearing aids, eyeglasses or other corrective lenses,
dental devices or prescription medications damaged or stolen
as a result of the crime shall be at a rate set by the Office
of Victims' Services. Expenses for prosthetic devices,
wheelchairs, canes, walkers, hearing aids, eyeglasses or
other corrective lenses, dental devices or prescription
medications needed as a result of the crime shall be counted
against the $35,000 award limitation.
(c) Public assistance.--Provisions of awards made pursuant
to a statute compensating or benefiting a direct victim or
claimant shall in no way affect the claimant's or direct
victim's eligibility under public assistance or any other
Federal or Commonwealth social benefit or assistance program.
(d) Apportionment.--If there are two or more [persons]
individuals entitled to an award as a result of the death of a
direct victim or intervenor, the award shall be apportioned
among the claimants.
(e) Reduction.--Except [for payments or proceeds that are
specifically denominated as compensation for dismemberment or
loss of an eye] as otherwise provided in this act, an award made
under this chapter shall be reduced by the amount of any
payments received or to be received by the claimant as a result
of the injury:
(1) from or on behalf of the [person] individual who
committed the crime;
(2) under any insurance or health and welfare programs,
including those mandated by law;
(3) under any contract of insurance wherein the claimant
is the beneficiary;
(4) from public funds;
(5) as an emergency award under section 706; [or]
(6) under any pension program, including those providing
for disability or survivor's benefits[.]; or
(7) under a settlement or award made by or on behalf of
a party alleged to be responsible in whole or in part for the
injury, without regard to the party's criminal culpability.
(f) Direct victim responsibility.--
(1) Except as set forth in [paragraph (2)] paragraphs
(2) and (3), in determining the amount of an award, the
[bureau] Office of Victims' Services shall determine whether
the direct victim or intervenor, because of conduct,
contributed to the infliction of the injury. The [bureau]
Office of Victims' Services shall reduce the amount or deny
the claim altogether in accordance with the determination.
(2) If the crime involved is rape or sexual assault, the
conduct of the direct victim shall not be considered. If the
crime involved is related to domestic violence, the conduct
of the direct victim shall not be considered unless the
direct victim was the primary aggressor.
(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.
(g) Intervenor responsibility.--In determining the amount of
an award to an intervenor, the [bureau] Office of Victims'
Services may consider whether the intervenor, because of
conduct, contributed to the infliction of the injury. The
[bureau] Office of Victims' Services shall reduce the amount or
deny the claim altogether in accordance with the determination.
(h) Forensic rape investigation.--
(1) A hospital or other licensed health care provider
may submit a claim for reimbursement for the cost of a
forensic rape examination if the cost is not covered by
insurance[, upon approval by the district attorney with
jurisdiction of the rape or sexual assault investigation and
prosecution. In no event shall the bureau pay an amount to
exceed $500 for a forensic rape examination nor $100 for
medications directly related to the sexual assault or rape.]
or if the victim requests that the insurance carrier not be
billed. Upon filing of a claim, the Office of Victims'
Services shall promptly notify the prosecutor of the county
where the crime is alleged to have occurred. The
reimbursement, where applicable, shall be at a rate set by
the Office of Victims' Services.
(2) The cost of a forensic rape examination and the cost
of medications prescribed to the direct victim shall not be
charged to the victim.
(3) A sexual assault or rape victim need not be an
applicant for any other compensation under this chapter.
Section 708. Manner of payment.
(a) Lump sum.--The award shall be paid in a lump sum, except
that, in the case of death or protracted disability, the award
may provide for periodic payments. No award made under this
chapter shall be subject to execution or attachment other than
for expenses resulting from the injury which is the basis for
the claim. All awards shall be paid by or under the authority of
the State Treasurer. An award shall not be considered as
compensation taxable as income under Article III of the act of
March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of
1971. The [bureau] Office of Victims' Services shall reconsider
at least annually every award being paid in installments. The
[bureau] Office of Victims' Services may reconsider a claim at
any time and modify or rescind previous orders for compensation
based upon a change in financial circumstances of a direct
victim or one or more surviving dependents.
(b) Medical expenses.--Medical expenses, except as otherwise
provided, shall be paid to a hospital or other licensed health
care provider on behalf of the victim at a rate set by the
Office of Victims' Services. If the Office of Victims' Services
accepts a claim, the hospital or other licensed health care
provider shall accept such payment as payment in full and may
not attempt to collect from the victim any amount exceeding the
amount of reimbursement made by the Office of Victims' Services.
Section 709. Confidentiality of records.
[The record of a proceeding before the bureau or a hearing
examiner shall be a public record; however, a record or report
obtained by the bureau or a hearing examiner, the
confidentiality of which is protected by any other law or
regulation, shall remain confidential subject to that law or
regulation.]
(a) General rule.--All reports, records or other information
obtained or produced by the bureau 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.
(b) Disclosure restricted.--Except as otherwise provided by
law, no person who has had access to a report, record or any
other information under this subsection shall disclose the
content of such a report, record or other information or testify
in a judicial or administrative proceeding without the written
consent of the direct victim or intervenor or, if the direct
victim or intervenor is deceased, the claimant.
(c) Construction.--This section shall not be construed to
preclude or limit introduction of the contents of a report,
record or other information in an appeal hearing before the
Office of Victims' Services or in an investigation, prosecution
or judicial proceeding enforcing section 1303 or in
communicating with the prosecutor's office regarding
restitution.
Section 710. Responsibilities of employers, service providers
and insurance companies.
(a) Response.--[Providers] Employers, insurance companies or
providers of services to direct victims, intervenors or
claimants, including, but not limited to, doctors, hospitals[,]
and counselors [and insurance companies providing or liable for
reimbursement to direct victims or any other claimants], shall
respond in writing to the [bureau's] Office of Victims'
Services' request for confirmation or other information under
this chapter within 30 days of receipt of the [bureau's] Office
of Victims' Services' request.
(b) Penalty.--Any [provider of services or insurance
company] person who fails to respond [within 30 days of receipt
of the request] to a request under subsection (a) shall be
subject to a [civil] penalty of not more than $50 per day, up to
and including the date of compliance.
(c) Enforcement.--The office of the district attorney of the
county in which the crime occurred and the [Attorney General]
Office of Victims' Services shall be charged with enforcement of
this section and the collection of penalties, which may be given
to local victim service agencies or used for the enforcement and
collection of penalties under this section.
Section 902. Establishment of basic services for victims of
crime.
The commission shall provide technical assistance to and make
grants to district attorneys [and], other criminal justice
agencies or victim service agencies which provide crime victims
with the following services:
(1) Notification services, including all of the
following:
(i) Information concerning financial assistance and
other social services available as a result of being a
victim of crime.
(ii) Notification that a court proceeding to which
they have been subpoenaed will not go on as scheduled, in
order to save the victim an unnecessary trip to court.
(iii) Notification of the final disposition of the
case.
(2) Protection services, including all of the following:
(i) Protection from harm and threats of harm arising
out of cooperation with law enforcement and prosecution
efforts.
(ii) A secure waiting area during court proceedings
which does not require them to be in close proximity to
defendants and families and friends of defendants.
(3) Procedures for the expedited return by law
enforcement officials of personal property of victims which
is held for prosecutorial purposes.
(4) Services related to the rights of victims under
Chapter 2.
(5) Other services as defined by the commission.
Section 5. Section 1101(a), (b) and (d) of the act, amended
October 30, 2000 (P.L.641, No.86), are amended to read:
Section 1101. Costs.
(a) Imposition.--
(1) A person who pleads guilty or nolo contendere or who
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 [$40] $60 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 [$40] $60 in addition to costs imposed
pursuant to 42 Pa.C.S. § 3571(c).
(3) A juvenile shall pay costs of at least [$15] $25 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 [bureau] Office of Victims' Services for
payment to [direct victims] claimants and technical
assistance. [Fifteen] Thirty-five dollars of the costs
imposed under subsection (a)(1) and (2) plus 30% of the costs
imposed under subsection (a)(1) which exceed [$40] $60 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 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
[$40] $60 shall be paid into this fund.
* * *
(d) Mandamus.--The district attorney, the [bureau] Office of
Victims' Services, the commission or any [direct] victim shall
have standing to seek a mandamus order requiring the county to
collect the costs imposed by this section.
* * *
Section 6. Sections 1301(b) and 1302 of the act are amended
to read:
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
notify the [bureau] 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 to the claimant or on the claimant's
behalf.
Section 1302. Restitution.
To the extent that restitution is ordered either prior to or
subsequent to the making of an award by the [bureau] Office of
Victims' Services, the restitution shall be paid to the
Commonwealth to the extent of the award by the [bureau] Office
of Victims' Services.
Section 7. This act shall take effect in 60 days.
APPROVED--The 28th day of June, A. D. 2002.
MARK S. SCHWEIKER
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