PRINTER'S NO. 1653
No. 1415 Session of 1989
INTRODUCED BY MARKOSEK, KOSINSKI, ROBINSON, TIGUE, FAIRCHILD,
McVERRY, GAMBLE, PISTELLA, TRELLO, COY, PRESTON, FOX,
J. TAYLOR, PETRARCA, VROON, BUNT, CIVERA, JOHNSON AND JAMES,
MAY 22, 1989
REFERRED TO COMMITTEE ON JUDICIARY, MAY 22, 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," providing for the
21 compensation of persons who suffer death or injury as a
22 result of rendering reasonable assistance to crime victims;
23 and further providing for reporting requirements.
24 The General Assembly of the Commonwealth of Pennsylvania
25 hereby enacts as follows:
26 Section 1. The definition of "intervenor" in section 477 of
27 the act of April 9, 1929 (P.L.177, No.175), known as The
1 Administrative Code of 1929, amended December 11, 1986
2 (P.L.1490, No.155), is amended and the section is amended by
3 adding a definition to read:
4 Section 477. Definitions.--So far as it relates to the crime
5 victim's compensation provisions, the following terms shall be
6 defined as:
7 * * *
8 "Intervenor" shall mean a person who goes to the aid of
9 another and suffers physical or mental injury or death as a
10 direct result of acting not recklessly to prevent the commission
11 of a crime, or to lawfully apprehend a person reasonably
12 suspected of having committed such crime, or to aid the victim
13 of such crime, or as a result of the rendering of reasonable
14 assistance.
15 * * *
16 "Rendering of reasonable assistance" means rendering the
17 reasonable assistance required by 18 Pa.C.S. § 5516 (relating to
18 failure to render reasonable assistance).
19 * * *
20 Section 2. Section 477.3 of the act, amended June 30, 1984
21 (P.L.458, No.96) and December 11, 1986 (P.L.1490, No.155), is
22 amended to read:
23 Section 477.3. Persons Eligible for Compensation.--(a)
24 Except as provided in subsection (b) of this section, the
25 following persons shall be eligible for compensation:
26 (1) A victim.
27 (2) An intervenor.
28 (3) A surviving spouse, parent or child of a deceased victim
29 or intervenor.
30 (4) Any other person dependent for his principal support
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1 upon a deceased victim or intervenor.
2 (5) Any person related to the victim within the third degree
3 of consanguinity or affinity who assumes the obligation or who
4 pays the funeral or burial expense incurred as a direct result
5 of the crime.
6 (b) A person who is criminally responsible for the crime
7 upon which a claim is based or an accomplice of such person
8 shall not be eligible to receive compensation with respect to
9 such claim. A member of the family of the person who committed
10 the crime shall not be eligible if the offender is living in the
11 same household as the victim and will benefit from the award.
12 The Attorney General may sue the offender or the victim or both
13 to recover the award if the offender at any time benefits from
14 the award.
15 (c) A person who is a resident of the United States,
16 including the District of Columbia, the Commonwealth of Puerto
17 Rico and all territories and possessions of the United States,
18 shall be eligible for compensation.
19 (d) Where a crime results in death of a victim or an
20 intervenor, the spouse, children, parents or siblings of the
21 victim or intervenor, who reside within the same household as
22 the victim or intervenor, shall be eligible for compensation for
23 the cost of psychological counseling, which is deemed necessary
24 as a direct result of the criminal incident.
25 Section 3. Section 477.4 of the act, amended July 9, 1976
26 (P.L.574, No.139) and December 11, 1986 (P.L.1490, No.155), is
27 amended to read:
28 Section 477.4. Filing of Claims for Compensation.--(a) A
29 claim for compensation may be filed by a person eligible for
30 compensation, as provided in section 477.3 of this act, or, if
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1 such person is a minor, by his parent or guardian, or if the
2 person entitled to make a claim is mentally incompetent, by his
3 guardian or such other individual authorized to administer his
4 estate.
5 (b) A claim must be filed not later than one year after the
6 occurrence of the crime upon which the claim is based, or not
7 later than one year after the death of the victim or intervenor:
8 Provided, however, That for good cause the board may extend the
9 time for filing for a period not exceeding two years after such
10 occurrence. Where a victim or intervenor is under the age of
11 eighteen at the time of the occurrence of the crime and the
12 alleged offender is the victim's or intervenor's parent or a
13 person responsible for the victim's or intervenor's welfare, or
14 any individual residing in the same home as the victim or
15 intervenor, or a paramour of the victim's or intervenor's
16 parent, the board may, for good cause, extend the time for
17 filing for a period not exceeding five years after such
18 occurrence.
19 (c) Claims shall be filed in the office of the secretary of
20 the board or by mail.
21 (d) Upon filing of a claim involving a crime pursuant to
22 this act, the board shall promptly notify the district attorney
23 of the county wherein the crime is alleged to have occurred. If,
24 within ten days after such notification, such district attorney
25 advises the board that a criminal prosecution is pending upon
26 the same alleged crime and requests that action by the board be
27 deferred, the board shall defer all proceedings under this act
28 until such time as a trial verdict has been rendered, and shall
29 so notify such district attorney and claimant. When a trial
30 verdict has been rendered, such district attorney shall promptly
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1 so notify the board. Nothing in this section shall limit the
2 authority of the board to grant emergency awards pursuant to
3 section 477.8 of this act.
4 Section 4. Section 477.5 of the act, amended December 13,
5 1979 (P.L.519, No.114), is amended to read:
6 Section 477.5. Minimum Allowable Claim.--(a) No award shall
7 be made on a claim unless the claimant has incurred a minimum
8 out-of-pocket loss of one hundred dollars ($100) or has lost at
9 least two continuous weeks' earnings or support.
10 (b) The requirements of subsection (a) shall not apply where
11 the victim or intervenor was sixty (60) years of age or older at
12 the time the crime occurred.
13 Section 5. Section 477.6(a) of the act, added July 9, 1976
14 (P.L.574, No.139), is amended to read:
15 Section 477.6. Determination of Claims.--(a) A claim, when
16 accepted for filing, shall be assigned by the chairman to
17 himself or to another member of the board. All claims arising
18 from the death of an individual as a direct result of a single
19 crime or the rendering of reasonable assistance, shall be
20 considered together by a single board member.
21 * * *
22 Section 6. Sections 477.9(a) and 477.17 of the act, amended
23 June 30, 1984 (P.L.458, No.96), are amended to read:
24 Section 477.9. Awards.--(a) No award shall be made unless
25 the board or board member, as the case may be, finds by a
26 preponderance of the evidence that:
27 (1) A crime was committed or there was a rendering of
28 reasonable assistance.
29 (2) The person injured or killed was a victim or intervenor
30 as defined in section 477.
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1 (3) Such crime, injury or fatality was promptly reported to
2 the proper authorities; and in no case may an award be made
3 where the record shows that such report was made more than
4 seventy-two hours after the occurrence of such crime, injury or
5 fatality unless the board, for good cause shown, finds the delay
6 to have been justified. The board, upon finding that any
7 claimant, victim or intervenor has not fully cooperated with all
8 law enforcement agencies, may deny or withdraw any award, as the
9 case may be.
10 * * *
11 Section 477.17. Responsibilities of Local Law Enforcement
12 Agencies.--(a) All local law enforcement agencies shall insure
13 that all of its officers and employes are familiar with [crime]
14 victim's compensation as provided for in sections 477 through
15 477.17 of this act. Instruction concerning [crime] victim's
16 compensation shall be made a part of the training curriculum for
17 all trainee officers.
18 (b) Local law enforcement agencies shall advise the
19 intervenors, if known, and the victims of crimes reported to it
20 of the availability of [crime] victim's compensation as provided
21 by this act. The [term] terms "intervenor" and "victim" as used
22 in this subsection shall be [a] an intervenor and victim as
23 defined by this act. The notice required under this subsection
24 shall be in writing and shall include the following paragraph:
25 "If you have sustained physical injury as a direct result
26 of a crime of violence or rendering reasonable assistance, or
27 are legally dependent for support upon a person who has
28 sustained physical injury or death as a direct result of a
29 crime of violence or rendering reasonable assistance, or, in
30 the event of a death caused by a crime of violence or
19890H1415B1653 - 6 -
1 rendering reasonable assistance, you have legally assumed or
2 voluntarily paid the medical or burial expenses incurred as a
3 direct result thereof, you may qualify for indemnification by
4 the State of Pennsylvania for the out-of-pocket wages,
5 medical or burial expenses which you have incurred as a
6 result of the crime or rendering reasonable assistance.
7 Claims must be filed with the [Crime] Victim's Compensation
8 Board for the State of Pennsylvania. For further information
9 regarding this program, please contact:
10 (Name, business address and telephone
11 number of the local law enforcement
12 agency)
13 or
14 [Crime] Victim's Compensation Board
15 Office of General Counsel
16 Harrisburg, Pennsylvania
17 Important: The statute provides that, absent certain
18 extenuating circumstances, a claimant has one year from the
19 date of the crime to file his claim with the [Crime] Victim's
20 Compensation Board."
21 (c) The written notification provided for in subsection (b)
22 shall be accompanied by one copy of the application form for
23 [crime] victim's compensation. These forms shall be supplied by
24 the [Crime] Victim's Compensation Board to all local law
25 enforcement agencies. The record of the date and address of all
26 letters of notification shall be maintained by every local law
27 enforcement agency.
28 (d) Any officer of a local law enforcement agency whose
29 duties include the investigation of crimes may notify victims,
30 intervenors or their families of the availability of
19890H1415B1653 - 7 -
1 compensation under this act by giving them a card or sheet
2 bearing the paragraph as quoted in subsection (b) above. A
3 record of such personal notice shall be maintained by the local
4 law enforcement agency.
5 (e) In municipalities which do not have a local law
6 enforcement agency, the board shall by rule establish procedures
7 whereby it, together with the State Police, shall give the
8 notice to [victims of crimes] such persons as provided in this
9 section.
10 Section 7. This act shall take effect in 60 days.
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