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                                                      PRINTER'S NO. 1188

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1046 Session of 1989


        INTRODUCED BY CORNELL, TRELLO, VROON, NAHILL, LAUGHLIN, GEIST,
           McVERRY, BUNT, SERAFINI, REBER AND LASHINGER, APRIL 5, 1989

        REFERRED TO COMMITTEE ON JUDICIARY, APRIL 5, 1989

                                     AN ACT

     1  Amending the act of April 9, 1929 (P.L.177, No.175), entitled
     2     "An act providing for and reorganizing the conduct of the
     3     executive and administrative work of the Commonwealth by the
     4     Executive Department thereof and the administrative
     5     departments, boards, commissions, and officers thereof,
     6     including the boards of trustees of State Normal Schools, or
     7     Teachers Colleges; abolishing, creating, reorganizing or
     8     authorizing the reorganization of certain administrative
     9     departments, boards, and commissions; defining the powers and
    10     duties of the Governor and other executive and administrative
    11     officers, and of the several administrative departments,
    12     boards, commissions, and officers; fixing the salaries of the
    13     Governor, Lieutenant Governor, and certain other executive
    14     and administrative officers; providing for the appointment of
    15     certain administrative officers, and of all deputies and
    16     other assistants and employes in certain departments, boards,
    17     and commissions; and prescribing the manner in which the
    18     number and compensation of the deputies and all other
    19     assistants and employes of certain departments, boards and
    20     commissions shall be determined," amending the definition of
    21     "crime" in relation to crime victims' compensation.

    22     The General Assembly of the Commonwealth of Pennsylvania
    23  hereby enacts as follows:
    24     Section 1.  The definition of "crime" in section 477 of the
    25  act of April 9, 1929 (P.L.177, No.175), known as The
    26  Administrative Code of 1929, amended June 30, 1984 (P.L.458,
    27  No.96), is amended to read:


     1     Section 477.  Definitions.--So far as it relates to the crime
     2  victim's compensation provisions, the following terms shall be
     3  defined as:
     4     * * *
     5     "Crime" means an act committed in Pennsylvania which, if
     6  committed by a mentally competent, criminally responsible adult,
     7  who had no legal exemption or defense, would constitute a crime
     8  as defined in and proscribed by Title 18 of the "Pennsylvania
     9  Consolidated Statutes," (relating to crimes and offenses) or
    10  enumerated in the act of April 14, 1972 (P.L.233, No.64), known
    11  as "The Controlled Substance, Drug, Device and Cosmetic Act."[:
    12  Provided, however, That no act involving the operation of a
    13  motor vehicle which results in injury shall constitute a crime
    14  for the purpose of this act unless such injury was intentionally
    15  inflicted through the use of a motor vehicle.] The term shall
    16  also include offenses under 75 Pa.C.S. §§ 3731 (relating to
    17  driving under influence of alcohol or controlled substance) and
    18  3732 (relating to homicide by vehicle). No offense involving the
    19  operation of a motor vehicle, except offenses under 75 Pa.C.S.
    20  §§ 3731 and 3732 which result in injury to another, shall
    21  constitute a crime for the purposes of sections 477 through
    22  477.4 of this act, unless the injury was intentionally inflicted
    23  through the use of a motor vehicle.
    24     * * *
    25     Section 2.  This act shall apply to offenses committed on or
    26  after the effective date of this act.
    27     Section 3. This act shall take effect in 60 days.


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