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| PRIOR PRINTER'S NOS. 3893, 3977 | PRINTER'S NO. 4031 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY EACHUS, BARBIN, BELFANTI, BROWN, CALTAGIRONE, CARROLL, DeLUCA, FREEMAN, GEORGE, HORNAMAN, JOHNSON, KULA, MAHONEY, MUNDY, PASHINSKI, K. SMITH, STABACK, WANSACZ, YUDICHAK, BISHOP, BEYER, CASORIO AND DALEY, JUNE 10, 2010 |
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| AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 29, 2010 |
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| AN ACT |
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1 | Amending the act of November 24, 1998 (P.L.882, No.111), |
2 | entitled "An act providing for victims' rights; imposing |
3 | penalties; establishing remedies; establishing the Office of |
4 | Victim Advocate, the Bureau of Victims' Services, the |
5 | Victims' Services Advisory Committee, the State Offender |
6 | Supervision Fund and other funds; and making repeals," |
7 | establishing the Special Juvenile Victim Compensation Fund; |
8 | and further providing for costs. |
9 | The General Assembly of the Commonwealth of Pennsylvania |
10 | hereby enacts as follows: |
11 | Section 1. The act of November 24, 1998 (P.L.882, No.111), |
12 | known as the Crime Victims Act, is amended by adding a section |
13 | to read: |
14 | Section 711. Special Juvenile Victim Compensation Fund. |
15 | (a) Establishment.--There is established in the State |
16 | Treasury a special fund to be known as the Special Juvenile |
17 | Victim Compensation Fund. |
18 | (b) Sources.--The sources of the fund are as follows: |
19 | (1) A transfer of $500,000 from the Crime Victim's |
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1 | Compensation Fund. As soon as practicable following the |
2 | effective date of this section, the State Treasurer shall |
3 | make the transfer. |
4 | (2) Appropriations. |
5 | (3) Money from any other source. |
6 | (4) Return on the money in the fund. |
7 | (c) Nonlapse.--The money in the Special Juvenile Victim |
8 | Compensation Fund is continuously appropriated into the Special |
9 | Juvenile Victim Compensation Fund. This appropriation shall not |
10 | lapse at the end of any fiscal year. |
11 | (d) Use.--The Special Juvenile Victim Compensation Fund |
12 | shall be administered by the commission as follows: |
13 | (1) The commission may not use any money for |
14 | administrative costs. |
15 | (2) The money shall be used solely to provide |
16 | compensation to victims of juvenile crime in a county of the |
17 | third class. A victim shall be entitled to receive |
18 | compensation from the fund if all of the following conditions |
19 | apply: |
20 | (i) A juvenile delinquency petition was filed in the |
21 | county which alleged that the victim was a victim of a |
22 | crime committed by a juvenile. |
23 | (ii) The juvenile delinquency petition was disposed |
24 | of prior to May 31, 2008, by the entry of a consent |
25 | decree or an adjudication of delinquency entered by a |
26 | court of common pleas in the county. |
27 | (iii) After December 31, 2008, the consent decree or |
28 | adjudication of delinquency previously entered was |
29 | vacated by order of the Supreme Court. |
30 | (iv) Following the vacating of the consent decree or |
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1 | adjudication of delinquency, the Supreme Court or a |
2 | special master appointed by the Supreme Court issued a |
3 | written determination stating: |
4 | (A) that the victim suffered monetary loss, |
5 | expense or damage as a result of the alleged crime; |
6 | (B) that the court of common pleas in the county |
7 | had previously entered an order directing that the |
8 | victim was entitled to restitution or compensation |
9 | for the victim's loss, expense or damage which was |
10 | vacated prior to the victim's receiving payment in |
11 | full; |
12 | (C) that the victim is entitled to receive a |
13 | compensation award for pain and suffering endured in |
14 | connection with the victim's contact with the |
15 | juvenile justice system in the county under the |
16 | circumstances described in subparagraphs (i), (ii) |
17 | and (iii); and | <-- |
18 | (D) the amount of compensation award to be paid |
19 | to the victim for pain and suffering which shall |
20 | equal the amount of restitution the victim would have |
21 | been entitled to had the consent decree or |
22 | adjudication of delinquency previously entered not |
23 | been vacated, less any restitution and compensation |
24 | previously paid to the victim in connection with the |
25 | alleged crime; and. | <-- |
26 | (E) notwithstanding any provision of this | <-- |
27 | chapter to the contrary, the following shall apply |
28 | regarding the calculation of the amount of |
29 | restitution and compensation previously paid to the |
30 | victim under clause (D): |
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1 | (I) The Supreme Court or special master |
2 | appointed by the Supreme Court shall request, and |
3 | the commission shall disclose, information |
4 | concerning applications for an award of |
5 | compensation and compensation award payments |
6 | previously made by the commission to the victim |
7 | in connection with the crime charged in the |
8 | juvenile delinquency petition referred to in |
9 | paragraph (d)(2)(i). |
10 | (II) The Supreme Court or special master |
11 | appointed by the Supreme Court shall include any |
12 | monetary loss, expense or damage that the Supreme |
13 | Court or special master determines has been or |
14 | will be paid to or on behalf of the victim by any |
15 | of the following: |
16 | (a) insurance, or health or welfare |
17 | programs, including those mandated by law; |
18 | (b) under a contract of insurance where |
19 | the victim is the beneficiary; |
20 | (c) under any pension program, |
21 | including those providing for disability or |
22 | survivor's benefits, or from any other |
23 | public funds; or |
24 | (d) under a settlement or award made by |
25 | or on behalf of a party alleged to be |
26 | responsible, in whole or in part for the |
27 | injury, without regard to the party's |
28 | criminal liability. |
29 | (III) The Supreme Court or special master |
30 | appointed by the Supreme Court may require as a |
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1 | condition of receiving an award under this |
2 | section that a victim disclose to the court or |
3 | special master the amount of restitution and |
4 | compensation previously received in connection |
5 | with the crime charged in the juvenile |
6 | delinquency petition referred to in paragraph (d) |
7 | (2)(i). |
8 | (v) Promptly following issuance of the last written |
9 | determination described in paragraph (2)(iv), the Supreme |
10 | Court or special master appointed by the Supreme Court |
11 | shall notify the commission that all written |
12 | determinations have been issued. |
13 | (3) Notwithstanding any provision of this chapter to the | <-- |
14 | contrary, the following shall apply regarding the calculation |
15 | of the amount of restitution and compensation previously paid |
16 | to the victim under paragraph (2)(iv)(D): |
17 | (i) The Supreme Court or special master appointed by |
18 | the Supreme Court shall request, and the commission shall |
19 | disclose, information concerning applications for an |
20 | award of compensation and compensation award payments |
21 | previously made by the commission to the victim in |
22 | connection with the crime charged in the juvenile |
23 | delinquency petition referred to in paragraph (2)(i). |
24 | (ii) The Supreme Court or special master appointed |
25 | by the Supreme Court shall include any monetary loss, |
26 | expense or damage that the Supreme Court or special |
27 | master determines has been or will be paid to or on |
28 | behalf of the victim by any of the following: |
29 | (A) insurance, or health or welfare programs, |
30 | including those mandated by law; |
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1 | (B) under a contract of insurance where the |
2 | victim is the beneficiary; |
3 | (C) under any pension program, including those |
4 | providing for disability or survivor's benefits, or |
5 | from any other public funds; or |
6 | (D) under a settlement or award made by or on |
7 | behalf of a party alleged to be responsible, in whole |
8 | or in part for the injury, without regard to the |
9 | party's criminal liability. |
10 | (iii) The Supreme Court or special master appointed |
11 | by the Supreme Court may require as a condition of |
12 | receiving an award under this section that a victim |
13 | disclose to the court or special master the amount of |
14 | restitution and compensation previously received in |
15 | connection with the crime charged in the juvenile |
16 | delinquency petition referred to in paragraph (2)(i). |
17 | (4) Promptly following issuance of the last written |
18 | determination described in paragraph (2)(iv), the Supreme |
19 | Court or special master appointed by the Supreme Court shall |
20 | notify the commission that all written determinations have |
21 | been issued. |
22 | (e) Administration.—- |
23 | (1) The commission shall make a lump sum payment to each |
24 | victim for which a determination has been issued under |
25 | subsection (d)(2)(iv). The payment shall be in the amount |
26 | specified in the determination. |
27 | (2) If money in the Special Juvenile Victim Compensation |
28 | Fund is not sufficient to make all of the payments required |
29 | under this subsection, the payments shall be reduced for each |
30 | victim on a pro rata basis. |
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1 | (3) The commission shall, no more than 45 days following |
2 | notification from the Supreme Court or special master that |
3 | all written determinations under subsection (d)(2)(iv) have |
4 | been issued, submit requests to the State Treasurer that a |
5 | lump sum payment be made to each victim in the amount set |
6 | forth in the written determination pertaining to the victim. |
7 | (f) Tax consequences.--A payment made under subsection (e) |
8 | shall not be considered a class of income under section 303 of |
9 | the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform |
10 | Code of 1971. |
11 | (f.1) Right of subrogation and return of certain payments.-- |
12 | The following shall apply: |
13 | (1) The Commonwealth shall be subrogated to the payment |
14 | of an award made under this section, to the extent of the |
15 | payment, to any right of action against any person to recover |
16 | losses resulting from the crime charged in the juvenile |
17 | delinquency petition referred to in paragraph (d)(2)(i) | <-- |
18 | subsection (d)(2)(i). | <-- |
19 | (2) A victim receiving an award under this section shall |
20 | notify the commission of any payments received from any |
21 | source, other than the commission, that relate to the crime |
22 | charged in the juvenile delinquency petition referred to in |
23 | paragraph (d)(2)(i) subsection (d)(2)(i) and which are | <-- |
24 | received on or after the date of the Supreme Court's or |
25 | special master's written determination. The victim shall |
26 | promptly return to the commission an amount equal to such |
27 | payments for deposit into the Crime Victim's Compensation |
28 | Fund. |
29 | (g) Construction.—-This section shall not be subject to any |
30 | of the other provisions of this chapter. |
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1 | (h) Expiration.—- |
2 | (1) Except as set forth in paragraph (2), this section | <-- |
3 | (1) A victim's ability to receive a written | <-- |
4 | determination for a compensation award under this section |
5 | shall expire on the earlier of the following: |
6 | (i) The expenditure of all money in the Special |
7 | Juvenile Victim Compensation Fund. |
8 | (ii) June 30, 2011. Money remaining in the fund on | <-- |
9 | June 30, 2011, shall be transferred to the Crime Victim's |
10 | Compensation Fund. |
11 | (2) Subsections (f) and (g) shall expire June 30, 2012. |
12 | (2) Money remaining in the fund on June 30, 2011, that | <-- |
13 | has not been encumbered or committed to pay awards under |
14 | written determinations issued prior to June 30, 2011, shall |
15 | be transferred to the Crime Victim's Compensation Fund. |
16 | Section 2. Section 1101(b) of the act is amended by adding a |
17 | paragraph to read: |
18 | Section 1101. Costs. |
19 | * * * |
20 | (b) Disposition.-- |
21 | * * * |
22 | (3) On July 1, 2011, the State Treasurer shall transfer |
23 | the sum of $1,000,000 from the Crime Victim's Compensation |
24 | Fund to the Victim Witness Services Fund to supplement, and |
25 | to be distributed together with, other money in the Victim |
26 | Witness Services Fund used to provide victim of juvenile |
27 | offender grants to counties. The transferred sum is hereby |
28 | appropriated to the Victim Witness Services Fund on a |
29 | continuing basis for such purpose. |
30 | * * * |
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1 | Section 3. This act shall take effect in 30 days. |
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