Bill Text: PA SB1427 | 2009-2010 | Regular Session | Introduced

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

Spectrum: Moderate Partisan Bill (Republican 6-1)

Status: (Introduced - Dead) 2010-06-28 - Referred to JUDICIARY [SB1427 Detail]

Download: Pennsylvania-2009-SB1427-Introduced.html

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PRINTER'S NO. 2105
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1427 Session of2010
INTRODUCED BY BAKER, ARGALL, GORDNER, MUSTO, RAFFERTY, SMUCKER AND WAUGH, JUNE 28, 2010
REFERRED TO JUDICIARY, JUNE 28, 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
restitution to victims of juvenile crime in a county of the
third class. A victim shall be entitled to receive
restitution from the fund if all of the following conditions
apply:
(i) A juvenile petition was filed in the county
which alleged that the victim was a victim of a crime
committed by a juvenile.
(ii) The juvenile petition was disposed of prior to
May 31, 2008, by the entry of a consent decree or an
adjudication of delinquency entered by a juvenile court
judge in the county.
(iii) After December 31, 2009, 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
adjudication of delinquency, the Supreme Court or a
special master appointed by the Supreme Court issued a
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written determination stating:
(A) that the victim suffered monetary loss,
expense or damage as a result of the alleged crime;
(B) that the victim is entitled to restitution;
and
(C) 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 or compensation
previously paid to the victim in connection with the
alleged crime.
(v) Promptly following issuance of the last written
determination described in subsection (d)(2)(i), the
court or special master 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.
(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)(i) 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.
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(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.
(g) Construction.—-This section shall not be subject to any
of the other provisions of this chapter.
(h) Expiration.—-
(1) Except as set forth in paragraph (2), 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.
Section 2. Section 1101(b) of the act is amended by adding a
paragraph to read:
Section 1101. Costs.
* * *
(b) Disposition.--
* * *
(3) As soon as practicable following the effective date
of this paragraph, the State Treasurer shall transfer the sum
of $1,000,000 on a one-time basis 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.
* * *
Section 3. This act shall take effect in 30 days.
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