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| PRIOR PRINTER'S NO. 3893 | PRINTER'S NO. 3977 |
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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 REPORTED FROM COMMITTEE ON CHILDREN AND YOUTH, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 23, 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 | restitution compensation to victims of juvenile crime in a | <-- |
17 | county of the third class. A victim shall be entitled to |
18 | receive restitution compensation from the fund if all of the | <-- |
19 | following conditions 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 | juvenile court judge of common pleas in the county. | <-- |
27 | (iii) After December 31, 2009 2008, the consent | <-- |
28 | decree or adjudication of delinquency previously entered |
29 | was 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 victim is entitled to restitution; | <-- |
7 | and |
8 | (C) the amount of restitution the victim would |
9 | have been entitled to had the consent decree or |
10 | adjudication of delinquency previously entered not |
11 | been vacated, less any restitution or compensation |
12 | previously paid to the victim in connection with the |
13 | alleged crime. |
14 | (v) Promptly following issuance of the last written |
15 | determination described in subsection (d)(2)(i), the |
16 | court or special master shall notify the commission that |
17 | all written determinations have been issued. |
18 | (B) that the court of common pleas in the county | <-- |
19 | had previously entered an order directing that the |
20 | victim was entitled to restitution or compensation |
21 | for the victim's loss, expense or damage which was |
22 | vacated prior to the victim's receiving payment in |
23 | full; |
24 | (C) that the victim is entitled to receive a |
25 | compensation award for pain and suffering endured in |
26 | connection with the victim's contact with the |
27 | juvenile justice system in the county under the |
28 | circumstances described in subparagraphs (i), (ii) |
29 | and (iii); |
30 | (D) the amount of compensation award to be paid |
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1 | to the victim for pain and suffering which shall |
2 | equal the amount of restitution the victim would have |
3 | been entitled to had the consent decree or |
4 | adjudication of delinquency previously entered not |
5 | been vacated, less any restitution and compensation |
6 | previously paid to the victim in connection with the |
7 | alleged crime; and |
8 | (E) notwithstanding any provision of this |
9 | chapter to the contrary, the following shall apply |
10 | regarding the calculation of the amount of |
11 | restitution and compensation previously paid to the |
12 | victim under clause (D): |
13 | (I) The Supreme Court or special master |
14 | appointed by the Supreme Court shall request, and |
15 | the commission shall disclose, information |
16 | concerning applications for an award of |
17 | compensation and compensation award payments |
18 | previously made by the commission to the victim |
19 | in connection with the crime charged in the |
20 | juvenile delinquency petition referred to in |
21 | paragraph (d)(2)(i). |
22 | (II) The Supreme Court or special master |
23 | appointed by the Supreme Court shall include any |
24 | monetary loss, expense or damage that the Supreme |
25 | Court or special master determines has been or |
26 | will be paid to or on behalf of the victim by any |
27 | of the following: |
28 | (a) insurance, or health or welfare |
29 | programs, including those mandated by law; |
30 | (b) under a contract of insurance where |
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1 | the victim is the beneficiary; |
2 | (c) under any pension program, |
3 | including those providing for disability or |
4 | survivor's benefits, or from any other |
5 | public funds; or |
6 | (d) under a settlement or award made by |
7 | or on behalf of a party alleged to be |
8 | responsible, in whole or in part for the |
9 | injury, without regard to the party's |
10 | criminal liability. |
11 | (III) The Supreme Court or special master |
12 | appointed by the Supreme Court may require as a |
13 | condition of receiving an award under this |
14 | section that a victim disclose to the court or |
15 | special master the amount of restitution and |
16 | compensation previously received in connection |
17 | with the crime charged in the juvenile |
18 | delinquency petition referred to in paragraph (d) |
19 | (2)(i). |
20 | (v) Promptly following issuance of the last written |
21 | determination described in paragraph (2)(iv), the Supreme |
22 | Court or special master appointed by the Supreme Court |
23 | shall notify the commission that all written |
24 | determinations have been issued. |
25 | (e) Administration.—- |
26 | (1) The commission shall make a lump sum payment to each |
27 | victim for which a determination has been issued under |
28 | subsection (d)(2)(iv). The payment shall be in the amount |
29 | specified in the determination. |
30 | (2) If money in the Special Juvenile Victim Compensation |
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1 | Fund is not sufficient to make all of the payments required |
2 | under this subsection, the payments shall be reduced for each |
3 | victim on a pro rata basis. |
4 | (3) The commission shall, no more than 45 days following |
5 | notification from the Supreme Court or special master that |
6 | all written determinations under subsection (d)(2)(i) (d)(2) | <-- |
7 | (iv) have been issued, submit requests to the State Treasurer |
8 | that a lump sum payment be made to each victim in the amount |
9 | set forth in the written determination pertaining to the |
10 | victim. |
11 | (f) Tax consequences.--A payment made under subsection (e) |
12 | shall not be considered a class of income under section 303 of |
13 | the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform |
14 | Code of 1971. |
15 | (f.1) Right of subrogation and return of certain payments.-- | <-- |
16 | The following shall apply: |
17 | (1) The Commonwealth shall be subrogated to the payment |
18 | of an award made under this section, to the extent of the |
19 | payment, to any right of action against any person to recover |
20 | losses resulting from the crime charged in the juvenile |
21 | delinquency petition referred to in paragraph (d)(2)(i). |
22 | (2) A victim receiving an award under this section shall |
23 | notify the commission of any payments received from any |
24 | source, other than the commission, that relate to the crime |
25 | charged in the juvenile delinquency petition referred to in |
26 | paragraph (d)(2)(i) and which are received on or after the |
27 | date of the Supreme Court's or special master's written |
28 | determination. The victim shall promptly return to the |
29 | commission an amount equal to such payments for deposit into |
30 | the Crime Victim's Compensation Fund. |
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1 | (g) Construction.—-This section shall not be subject to any |
2 | of the other provisions of this chapter. |
3 | (h) Expiration.—- |
4 | (1) Except as set forth in paragraph (2), 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 | Section 2. Section 1101(b) of the act is amended by adding a |
13 | paragraph to read: |
14 | Section 1101. Costs. |
15 | * * * |
16 | (b) Disposition.-- |
17 | * * * |
18 | (3) As soon as practicable following the effective date | <-- |
19 | of this paragraph On July 1, 2011, the State Treasurer shall | <-- |
20 | transfer the sum of $1,000,000 from the Crime Victim's |
21 | Compensation Fund to the Victim Witness Services Fund to |
22 | supplement, and to be distributed together with, other money |
23 | in the Victim Witness Services Fund used to provide victim of |
24 | juvenile offender grants to counties. The transferred sum is |
25 | hereby appropriated to the Victim Witness Services Fund on a |
26 | continuing basis for such purpose. |
27 | * * * |
28 | Section 3. This act shall take effect in 30 days. |
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