Bill Text: PA HB2572 | 2009-2010 | Regular Session | Amended

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Bill Title: Establishing the Special Juvenile Victim Compensation Fund; and further providing for costs.

Spectrum: Strong Partisan Bill (Democrat 21-2)

Status: (Engrossed - Dead) 2010-06-30 - Referred to JUDICIARY [HB2572 Detail]

Download: Pennsylvania-2009-HB2572-Amended.html

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PRIOR PRINTER'S NOS. 3893, 3977 PRINTER'S NO. 4031
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2572 Session of2010
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
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 29, 2010
AN ACT
Amending the act of November 24, 1998 (P.L.882, No.111),
entitled "An act providing for victims' rights; imposing
penalties; establishing remedies; establishing the Office of
Victim Advocate, the Bureau of Victims' Services, the
Victims' Services Advisory Committee, the State Offender
Supervision Fund and other funds; and making repeals,"
establishing the Special Juvenile Victim Compensation Fund;
and further providing for costs.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of November 24, 1998 (P.L.882, No.111),
known as the Crime Victims Act, is amended by adding a section
to read:
Section 711. Special Juvenile Victim Compensation Fund.
(a) Establishment.--There is established in the State
Treasury a special fund to be known as the Special Juvenile
Victim Compensation Fund.
(b) Sources.--The sources of the fund are as follows:
(1) A transfer of $500,000 from the Crime Victim's
Compensation Fund. As soon as practicable following the
effective date of this section, the State Treasurer shall
make the transfer.
(2) Appropriations.
(3) Money from any other source.
(4) Return on the money in the fund.
(c) Nonlapse.--The money in the Special Juvenile Victim
Compensation Fund is continuously appropriated into the Special
Juvenile Victim Compensation Fund. This appropriation shall not
lapse at the end of any fiscal year.
(d) Use.--The Special Juvenile Victim Compensation Fund
shall be administered by the commission as follows:
(1) The commission may not use any money for
administrative costs.
(2) The money shall be used solely to provide
compensation to victims of juvenile crime in a county of the
third class. A victim shall be entitled to receive
compensation from the fund if all of the following conditions
apply:
(i) A juvenile delinquency petition was filed in the
county which alleged that the victim was a victim of a
crime committed by a juvenile.
(ii) The juvenile delinquency petition was disposed
of prior to May 31, 2008, by the entry of a consent
decree or an adjudication of delinquency entered by a
court of common pleas in the county.
(iii) After December 31, 2008, the consent decree or
adjudication of delinquency previously entered was
vacated by order of the Supreme Court.
(iv) Following the vacating of the consent decree or
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adjudication of delinquency, the Supreme Court or a
special master appointed by the Supreme Court issued a
written determination stating:
(A) that the victim suffered monetary loss,
expense or damage as a result of the alleged crime;
(B) that the court of common pleas in the county
had previously entered an order directing that the
victim was entitled to restitution or compensation
for the victim's loss, expense or damage which was
vacated prior to the victim's receiving payment in
full;
(C) that the victim is entitled to receive a
compensation award for pain and suffering endured in
connection with the victim's contact with the
juvenile justice system in the county under the
circumstances described in subparagraphs (i), (ii)
and (iii); and <--
(D) the amount of compensation award to be paid
to the victim for pain and suffering which shall
equal the amount of restitution the victim would have
been entitled to had the consent decree or
adjudication of delinquency previously entered not
been vacated, less any restitution and compensation
previously paid to the victim in connection with the
alleged crime; and. <--
(E) notwithstanding any provision of this <--
chapter to the contrary, the following shall apply
regarding the calculation of the amount of
restitution and compensation previously paid to the
victim under clause (D):
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(I) The Supreme Court or special master
appointed by the Supreme Court shall request, and
the commission shall disclose, information
concerning applications for an award of
compensation and compensation award payments
previously made by the commission to the victim
in connection with the crime charged in the
juvenile delinquency petition referred to in
paragraph (d)(2)(i).
(II) The Supreme Court or special master
appointed by the Supreme Court shall include any
monetary loss, expense or damage that the Supreme
Court or special master determines has been or
will be paid to or on behalf of the victim by any
of the following:
(a) insurance, or health or welfare
programs, including those mandated by law;
(b) under a contract of insurance where
the victim is the beneficiary;
(c) under any pension program,
including those providing for disability or
survivor's benefits, or from any other
public funds; or
(d) under a settlement or award made by
or on behalf of a party alleged to be
responsible, in whole or in part for the
injury, without regard to the party's
criminal liability.
(III) The Supreme Court or special master
appointed by the Supreme Court may require as a
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condition of receiving an award under this
section that a victim disclose to the court or
special master the amount of restitution and
compensation previously received in connection
with the crime charged in the juvenile
delinquency petition referred to in paragraph (d)
(2)(i).
(v) Promptly following issuance of the last written
determination described in paragraph (2)(iv), the Supreme
Court or special master appointed by the Supreme Court
shall notify the commission that all written
determinations have been issued.
(3) Notwithstanding any provision of this chapter to the <--
contrary, the following shall apply regarding the calculation
of the amount of restitution and compensation previously paid
to the victim under paragraph (2)(iv)(D):
(i) The Supreme Court or special master appointed by
the Supreme Court shall request, and the commission shall
disclose, information concerning applications for an
award of compensation and compensation award payments
previously made by the commission to the victim in
connection with the crime charged in the juvenile
delinquency petition referred to in paragraph (2)(i).
(ii) The Supreme Court or special master appointed
by the Supreme Court shall include any monetary loss,
expense or damage that the Supreme Court or special
master determines has been or will be paid to or on
behalf of the victim by any of the following:
(A) insurance, or health or welfare programs,
including those mandated by law;
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(B) under a contract of insurance where the
victim is the beneficiary;
(C) under any pension program, including those
providing for disability or survivor's benefits, or
from any other public funds; or
(D) under a settlement or award made by or on
behalf of a party alleged to be responsible, in whole
or in part for the injury, without regard to the
party's criminal liability.
(iii) The Supreme Court or special master appointed
by the Supreme Court may require as a condition of
receiving an award under this section that a victim
disclose to the court or special master the amount of
restitution and compensation previously received in
connection with the crime charged in the juvenile
delinquency petition referred to in paragraph (2)(i).
(4) Promptly following issuance of the last written
determination described in paragraph (2)(iv), the Supreme
Court or special master appointed by the Supreme Court shall
notify the commission that all written determinations have
been issued.
(e) Administration.—-
(1) The commission shall make a lump sum payment to each
victim for which a determination has been issued under
subsection (d)(2)(iv). The payment shall be in the amount
specified in the determination.
(2) If money in the Special Juvenile Victim Compensation
Fund is not sufficient to make all of the payments required
under this subsection, the payments shall be reduced for each
victim on a pro rata basis.
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(3) The commission shall, no more than 45 days following
notification from the Supreme Court or special master that
all written determinations under subsection (d)(2)(iv) have
been issued, submit requests to the State Treasurer that a
lump sum payment be made to each victim in the amount set
forth in the written determination pertaining to the victim.
(f) Tax consequences.--A payment made under subsection (e)
shall not be considered a class of income under section 303 of
the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform
Code of 1971.
(f.1) Right of subrogation and return of certain payments.--
The following shall apply:
(1) The Commonwealth shall be subrogated to the payment
of an award made under this section, to the extent of the
payment, to any right of action against any person to recover
losses resulting from the crime charged in the juvenile
delinquency petition referred to in paragraph (d)(2)(i) <--
subsection (d)(2)(i). <--
(2) A victim receiving an award under this section shall
notify the commission of any payments received from any
source, other than the commission, that relate to the crime
charged in the juvenile delinquency petition referred to in
paragraph (d)(2)(i) subsection (d)(2)(i) and which are <--
received on or after the date of the Supreme Court's or
special master's written determination. The victim shall
promptly return to the commission an amount equal to such
payments for deposit into the Crime Victim's Compensation
Fund.
(g) Construction.—-This section shall not be subject to any
of the other provisions of this chapter.
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(h) Expiration.—-
(1) Except as set forth in paragraph (2), this section <--
(1) A victim's ability to receive a written <--
determination for a compensation award under this section
shall expire on the earlier of the following:
(i) The expenditure of all money in the Special
Juvenile Victim Compensation Fund.
(ii) June 30, 2011. Money remaining in the fund on <--
June 30, 2011, shall be transferred to the Crime Victim's
Compensation Fund.
(2) Subsections (f) and (g) shall expire June 30, 2012.
(2) Money remaining in the fund on June 30, 2011, that <--
has not been encumbered or committed to pay awards under
written determinations issued prior to June 30, 2011, shall
be transferred to the Crime Victim's Compensation Fund.
Section 2. Section 1101(b) of the act is amended by adding a
paragraph to read:
Section 1101. Costs.
* * *
(b) Disposition.--
* * *
(3) On July 1, 2011, the State Treasurer shall transfer
the sum of $1,000,000 from the Crime Victim's Compensation
Fund to the Victim Witness Services Fund to supplement, and
to be distributed together with, other money in the Victim
Witness Services Fund used to provide victim of juvenile
offender grants to counties. The transferred sum is hereby
appropriated to the Victim Witness Services Fund on a
continuing basis for such purpose.
* * *
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Section 3. This act shall take effect in 30 days.
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