act-2004-0-103•Pennsylvania Act 2004-103 — CRIME VICTIMS ACT - DEFINITIONS OF "CRIME" AND "PERSONAL INJURY CRIME" AND FOR FILING OF CLAIMS FOR COMPENSATION
Pennsylvania Act 2004-103 — CRIME VICTIMS ACT - DEFINITIONS OF "CRIME" AND "PERSONAL INJURY CRIME" AND FOR FILING OF CLAIMS FOR COMPENSATION
act-2004-0-1032004 Pa. Act 103Law
Act text
CRIME VICTIMS ACT - DEFINITIONS OF "CRIME" AND "PERSONAL INJURY CRIME"
AND FOR FILING OF CLAIMS FOR COMPENSATION
Act of Nov. 19, 2004, P.L. 838, No. 103 Cl. 44
Session of 2004
No. 2004-103
HB 2396
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 the definitions of "crime" and
"personal injury crime" and for filing of claims for
compensation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "crime" 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, amended June 28, 2002
(P.L.496, No.85), 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:
* * *
"Crime." An act 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 the following:
(i) [the] 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]
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. § 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. Ch. 38 (relating to driving after imbibing
alcohol or utilizing drugs).
(iii) [the] 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.
* * *
"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).
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. § 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. Ch. 38 (relating to driving after imbibing
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 702(b)(1) of the act, amended June 28,
2002 (P.L.496, No.85), is 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 years after the discovery of the
occurrence of the crime upon which the claim is based or not
later than 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.
* * *
Section 3. This act shall take effect in 60 days.
APPROVED--The 19th day of November, A. D. 2004.
EDWARD G. RENDELL
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