PRINTER'S NO. 1995
No. 1514 Session of 1990
INTRODUCED BY LEWIS, MUSTO, BELAN, AFFLERBACH, REGOLI, O'PAKE,
REIBMAN, FATTAH, HOPPER, SHUMAKER AND SALVATORE,
MARCH 13, 1990
REFERRED TO JUDICIARY, MARCH 13, 1990
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," further providing for crime
21 victims' compensation.
22 The General Assembly of the Commonwealth of Pennsylvania
23 hereby enacts as follows:
24 Section 1. Section 477 of the act of April 9, 1929 (P.L.177,
25 No.175), known as The Administrative Code of 1929, amended or
26 added June 30, 1984 (P.L.458, No.96) and December 11, 1986
27 (P.L.1490, No.155), 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 "Board" means the Crime Victim's Compensation Board.
5 "Claimant" means the person filing a claim pursuant to this
6 act.
7 ["Crime" means an act committed in Pennsylvania which, if
8 committed by a mentally competent, criminally responsible adult,
9 who had no legal exemption or defense, would constitute a crime
10 as defined in and proscribed by Title 18 of the "Pennsylvania
11 Consolidated Statutes," (relating to crimes and offenses) or
12 enumerated in the act of April 14, 1972 (P.L.233, No.64), known
13 as "The Controlled Substance, Drug, Device and Cosmetic Act":
14 Provided, however, That no act involving the operation of a
15 motor vehicle which results in injury shall constitute a crime
16 for the purpose of this act unless such injury was intentionally
17 inflicted through the use of a motor vehicle.]
18 "Crime" means an act, including an act resulting in injury
19 intentionally inflicted through the use of a motor vehicle,
20 which was committed:
21 (1) In Pennsylvania by a person who had no legal exemption
22 or defense and which would constitute a crime only as defined
23 in, proscribed by or enumerated in:
24 (i) 18 Pa.C.S. (relating to crimes and offenses), 30 Pa.C.S.
25 § 5502 (relating to operating watercraft under influence of
26 alcohol or controlled substance) or 5502.1 (relating to homicide
27 by watercraft while operating under influence) and 75 Pa.C.S. §
28 3731 (relating to driving under influence of alcohol or
29 controlled substance) or 3735 (relating to homicide by vehicle
30 while driving under influence);
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1 (ii) the act of April 14, 1972 (P.L.233, No.64), known as
2 "The Controlled Substance, Drug, Device and Cosmetic Act"; or
3 (iii) the laws of the United States, except acts which are
4 enumerated in section 10601(f) of the Victim's of Crime Act of
5 1984 (42 U.S.C. § 10601(f)), as amended.
6 (2) Against a resident of Pennsylvania which would be a
7 crime under paragraph (1), but for its occurrence in a state
8 other than Pennsylvania.
9 "Diversionary program" means a program used to divert the
10 defendant to an alternative form of disposition under the
11 Pennsylvania Rules of Criminal Procedure or statutory authority
12 and includes those dispositions authorized by Rules 160, 176 and
13 314 of the Pennsylvania Rules of Criminal Procedure and sections
14 17 and 18 of the act of April 14, 1972 (P.L.233, No.64), known
15 as "The Controlled Substance, Drug, Device and Cosmetic Act."
16 "Family," when used in reference to a person, shall mean (i)
17 anyone related to such person within the third degree of
18 consanguinity or affinity, (ii) anyone maintaining a common-law
19 relationship with such person, or (iii) anyone residing in the
20 same household with such person.
21 "Injury" shall include physical or mental damages incurred as
22 a direct result of the crime and aggravation of existing
23 injuries if additional losses can be attributed to the direct
24 result of the crime. Compensation for mental damages shall be
25 limited to expenses incurred for psychological or psychiatric
26 services which became necessary as a direct result of the crime.
27 "Intervenor" shall mean a person who goes to the aid of
28 another and suffers physical or mental injury or death as a
29 direct result of acting not recklessly to prevent the commission
30 of a crime, or to lawfully apprehend a person reasonably
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1 suspected of having committed such crime, or to aid the victim
2 of such crime.
3 "Local law enforcement agency" means a police department of a
4 city, borough, incorporated town or township.
5 "Loss of earnings," in addition to its ordinary meaning,
6 shall mean the loss of the cash equivalent of a social security,
7 railroad retirement, pension plan, retirement plan, disability,
8 child support or spousal support payment, where said payment is
9 the primary source of the victim's income and where the victim
10 is deprived of the money as a direct result of a crime.
11 "Out-of-pocket loss" means the unreimbursed and
12 unreimbursable expenses or indebtedness incurred for medical
13 care, nonmedical remedial care and treatment rendered in
14 accordance with a religious method of healing as approved by the
15 board, or other services, including psychological counseling,
16 prosthetic devices, eyeglasses or other corrective lenses, or
17 dental devices, reasonably necessary as a result of the injury
18 upon which the claim is based and for which the claimant either
19 has paid or is liable, to include expenses for physical
20 examinations and materials used to obtain evidence. In no case
21 shall property damages or compensation for pain and suffering be
22 included.
23 "Victim" shall mean a person against whom a crime has been
24 committed, including the parent, sibling, spouse, or child of
25 such person, other than the alleged offender, who, as a direct
26 result of the crime, suffers physical or mental injury, death or
27 the loss of earnings as herein defined[.], and shall include a
28 resident of Pennsylvania against whom an act has been committed
29 which otherwise would constitute a crime as defined in this act
30 but for its occurrence in a state other than Pennsylvania and
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1 for which the person would otherwise be compensated by the crime
2 victim compensation program of the state where the act occurred
3 but for the ineligibility of such program under the provisions
4 of the Victim's of Crime Act of 1984 (42 U.S.C. § 10601, et
5 seq.), as amended.
6 Section 2. Sections 477.3(b), 477.9(e) and 477.15 of the
7 act, amended or added June 30, 1984 (P.L.458, No.96), are
8 amended to read:
9 Section 477.3. Persons Eligible for Compensation.--* * *
10 (b) A person who is criminally responsible for the crime
11 upon which a claim is based or an accomplice of such person
12 shall not be eligible to receive compensation with respect to
13 such claim. A member of the family of the person who committed
14 the crime shall not be eligible if the offender is living in the
15 same household as the victim and will substantially benefit from
16 the award. The Attorney General may sue the offender or the
17 victim or both to recover the award if the offender at any time
18 benefits from the award.
19 * * *
20 Section 477.9. Awards.--* * *
21 (e) Except for any payments or proceeds that are
22 specifically denominated as compensation for dismemberment or
23 loss of an eye, any award made pursuant to this act shall be
24 reduced by the amount of any payments received or to be received
25 by the claimant as a result of the injury (i) from or on behalf
26 of the person who committed the crime, (ii) under any insurance
27 programs including those mandated by law, (iii) under any
28 contract of insurance wherein the claimant is the [insured]
29 beneficiary, (iv) from public funds, [or] (v) as an emergency
30 award pursuant to section 477.8 of this act, or (vi) under any
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1 pension program, including those providing for disability or
2 survivor's benefits.
3 * * *
4 Section 477.15. Mandatory Costs.--(a) Any person who pleads
5 guilty or nolo contendere or who is convicted of any crime, as
6 defined in section 477 shall, in addition to costs imposed
7 pursuant to 42 Pa.C.S. § 3571(c) (relating to Commonwealth
8 portion of fines, etc.), be sentenced to pay costs of at least
9 [fifteen dollars ($15).] thirty dollars ($30), but no more than
10 the sum of thirty dollars ($30) plus the statutory maximum
11 monetary penalty for the offense committed.
12 (b) Any person placed in a diversionary program, as defined
13 in section 477, shall be required to pay costs of at least
14 thirty dollars ($30), in addition to costs imposed pursuant to
15 42 Pa.C.S. § 3571(c).
16 [(b)] (c) Ten dollars ($10) of the costs imposed under
17 subsections (a) and (b) plus thirty per centum (30%) of the
18 costs imposed under subsection (a) which exceed thirty dollars
19 ($30) shall be paid into a special nonlapsing fund, which is
20 hereby established, for use by the Crime Victim's Compensation
21 Board for payment to victims.
22 [(c) Five dollars ($5)] (d) Twenty dollars ($20) of the
23 costs imposed under subsections (a) and (b) plus seventy per
24 centum (70%) of the costs imposed under subsection (a) which
25 exceed thirty dollars ($30) shall be paid into a special
26 nonlapsing fund, which is hereby established, for use by the
27 Commission on Crime and Delinquency for victim-witness services
28 grants and technical assistance in accordance with this section.
29 [(d)] (e) This cost shall be imposed notwithstanding any
30 other provision to this act or other act to the contrary.
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1 [(e)] (f) The district attorney, the Crime Victim's
2 Compensation Board, the Commission on Crime and Delinquency or
3 any victim of a crime (as defined in section 477) shall have
4 standing to seek a mandamus order requiring the county to
5 collect the costs imposed by this section.
6 Section 3. This act shall take effect in 60 days.
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