PRIOR PRINTER'S NO. 2168 PRINTER'S NO. 2467
No. 1745 Session of 1997
INTRODUCED BY BIRMELIN, BATTISTO, CLYMER, OLASZ, BELARDI,
PHILLIPS, HENNESSEY, MARSICO, B. SMITH, ORIE, GODSHALL,
MASLAND, LYNCH, DALEY, M. N. WRIGHT, FLEAGLE, COY, STABACK,
WILT, GEIST, WAUGH, ROONEY, PLATTS, KENNEY, RAYMOND, ALLEN,
BROWN, FICHTER, BOSCOLA, MELIO, READSHAW, DeLUCA, SERAFINI,
BROWNE, BAKER, HUTCHINSON, S. H. SMITH, NICKOL, BARD, FARGO,
MAITLAND, SAYLOR, LEDERER, HARHART, TRELLO, DALLY, SANTONI,
HESS, BENNINGHOFF, STERN, ADOLPH, TRUE, DRUCE, LEH, MILLER,
WALKO, ARMSTRONG, ITKIN, ROHRER, E. Z. TAYLOR, EGOLF,
JOSEPHS, STEELMAN, SEYFERT, McNAUGHTON, CALTAGIRONE, ROBERTS,
RAMOS, THOMAS AND YOUNGBLOOD, SEPTEMBER 3, 1997
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 21, 1997
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for restitution for
3 injuries to person or property.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 1106(a) and (c), (C), (E) AND (F) of <--
7 Title 18 of the Pennsylvania Consolidated Statutes are amended
8 to read:
9 § 1106. Restitution for injuries to person or property.
10 (a) General rule.--Upon conviction for any crime wherein
11 property has been stolen, converted or otherwise unlawfully
12 obtained, or its value substantially decreased as a direct
13 result of the crime, or wherein the victim suffered personal
1 injury directly resulting from the crime, the offender [may]
2 shall be sentenced to make restitution in addition to the
3 punishment prescribed therefor.
4 * * *
5 (c) Mandatory restitution.--
6 (1) The court shall order full restitution:
7 (i) Regardless of the current financial resources of
8 the defendant, so as to provide the victim with the
9 fullest compensation for the loss. The court shall not
10 reduce a restitution award by any amount that the victim
11 has received from the Crime Victim's Compensation Board
12 or other governmental agency but shall order the
13 defendant to pay any restitution ordered for loss
14 previously compensated by the board to the Crime Victim's
15 Compensation Fund or other designated account when the
16 claim involves a government agency in addition to or in
17 place of the board. The court shall not reduce a
18 restitution award by any amount that the victim has
19 received from an insurance company but shall order the
20 defendant to pay any restitution ordered for loss
21 previously compensated by an insurance company to the
22 insurance company.
23 (ii) If restitution to more than one person is set
24 at the same time, the court shall set priorities of
25 payment. However, when establishing priorities, the court
26 shall order payment in the following order:
27 (A) The victim.
28 (B) The Crime Victim's Compensation Board.
29 (C) Any other government agency which has
30 provided reimbursement to the victim as a result of
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1 the defendant's criminal conduct.
2 (D) Any insurance company which has provided
3 reimbursement to the victim as a result of the
4 defendant's criminal conduct.
5 (2) At the time of sentencing the court shall specify
6 the amount and method of restitution. In determining the
7 amount and method of restitution, the court:
8 (i) Shall consider the extent of injury suffered by
9 the victim, the victim's request for restitution as
10 presented to the district attorney in accordance with
11 paragraph (4) and such other matters as it deems
12 appropriate.
13 (ii) May order restitution in a lump sum, by monthly
14 installments or according to such other schedule as it
15 deems just[, provided that the period of time during <--
16 which the offender is ordered to make restitution shall
17 not exceed the maximum term of imprisonment to which the
18 offender could have been sentenced for the crime of which
19 he was convicted]. <--
20 [(iii) May at any time alter or amend any order of
21 restitution made pursuant to this section providing,
22 however, that the court state its reasons and conclusions
23 as a matter of record for any change or amendment to any
24 previous order.]
25 [(iv)] (iii) Shall not order incarceration of a
26 defendant for failure to pay restitution if the failure
27 results from the offender's inability to pay.
28 [(v)] (iv) Shall consider any other preexisting
29 orders imposed on the defendant, including, but not
30 limited to, orders imposed under this title or any other
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1 title.
2 (3) The court may at any time, or upon the
3 recommendation of the district attorney that is based on
4 information received from the victim AND THE COUNTY PROBATION <--
5 DEPARTMENT OR ANY AGENT DESIGNATED BY THE PRESIDENT JUDGE OF
6 THE COUNTY TO COLLECT RESTITUTION, alter or amend any order
7 of restitution made pursuant to paragraph (2), provided,
8 however, that the court states its reasons and conclusions as
9 a matter of record for any change or amendment to any
10 previous order.
11 (4) (i) It shall be the responsibility of the district
12 attorneys of the respective counties to make a
13 recommendation to the court at or prior to the time of
14 sentencing as to the amount of restitution to be ordered.
15 This recommendation shall be based upon information
16 solicited by the district attorney and received from the
17 victim.
18 (ii) Where the district attorney has solicited
19 information from the victims as provided in subparagraph
20 (i) and has received no response, the district attorney
21 shall, based on other available information, make a
22 recommendation to the court for restitution.
23 (iii) The district attorney may, as appropriate,
24 recommend to the court that the restitution order be
25 altered or amended as provided in paragraph (3).
26 * * *
27 (E) RESTITUTION PAYMENTS AND RECORDS.--RESTITUTION, WHEN <--
28 ORDERED BY A JUDGE, SHALL BE MADE BY THE OFFENDER TO THE
29 PROBATION SECTION OF THE COUNTY IN WHICH HE WAS CONVICTED OR TO
30 AN AGENT DESIGNATED BY THE PRESIDENT JUDGE OF THE COUNTY TO
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1 COLLECT RESTITUTION ACCORDING TO THE ORDER OF THE COURT OR, WHEN
2 ORDERED BY A DISTRICT JUSTICE, SHALL BE MADE TO THE DISTRICT
3 JUSTICE. THE PROBATION SECTION OR AN AGENT DESIGNATED BY THE
4 PRESIDENT JUDGE OF THE COUNTY TO COLLECT RESTITUTION AND THE
5 DISTRICT JUSTICE SHALL MAINTAIN RECORDS OF THE RESTITUTION ORDER
6 AND ITS SATISFACTION AND SHALL FORWARD TO THE VICTIM THE
7 PROPERTY OR PAYMENTS MADE PURSUANT TO THE RESTITUTION ORDER.
8 (F) NONCOMPLIANCE WITH RESTITUTION ORDER.--WHENEVER THE
9 OFFENDER SHALL FAIL TO MAKE RESTITUTION AS PROVIDED IN THE ORDER
10 OF A JUDGE, THE PROBATION SECTION OR AN AGENT DESIGNATED BY THE
11 PRESIDENT JUDGE OF THE COUNTY TO COLLECT RESTITUTION SHALL
12 NOTIFY THE COURT WITHIN 20 DAYS OF SUCH FAILURE. WHENEVER THE
13 OFFENDER SHALL FAIL TO MAKE RESTITUTION WITHIN 20 DAYS TO A
14 DISTRICT JUSTICE, AS ORDERED, THE DISTRICT JUSTICE SHALL DECLARE
15 THE OFFENDER IN CONTEMPT AND FORWARD THE CASE TO THE COURT OF
16 COMMON PLEAS. UPON SUCH NOTICE OF FAILURE TO MAKE RESTITUTION,
17 OR UPON RECEIPT OF THE CONTEMPT DECISION FROM A DISTRICT
18 JUSTICE, THE COURT SHALL ORDER A HEARING TO DETERMINE IF THE
19 OFFENDER IS IN CONTEMPT OF COURT OR HAS VIOLATED HIS PROBATION
20 OR PAROLE.
21 * * *
22 Section 2. This act shall take effect in 60 days.
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