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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY BAKER, YUDICHAK, ARGALL, BROWNE, COSTA, ERICKSON, FERLO, FONTANA, GREENLEAF, McILHINNEY, RAFFERTY, SMUCKER, WASHINGTON, WOZNIAK, YAW AND ORIE, MARCH 11, 2011 |
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| REFERRED TO JUDICIARY, MARCH 11, 2011 |
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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 | further providing for the Office of Victim Advocate and for |
8 | powers and duties of victim advocate. |
9 | The General Assembly of the Commonwealth of Pennsylvania |
10 | hereby enacts as follows: |
11 | Section 1. Section 301 of the act of November 24, 1998 |
12 | (P.L.882, No.111), known as the Crime Victims Act, is amended to |
13 | read: |
14 | Section 301. Office. |
15 | (a) Establishment.--There is established within the board |
16 | the Office of Victim Advocate to represent and advocate for the |
17 | interests of crime victims [before the board or department]. The |
18 | office shall operate under the direction of the victim advocate |
19 | as provided in this section. |
20 | (b) Appointment.--The victim advocate must be an individual |
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1 | who by reason of training and experience is qualified to |
2 | represent the interests of individual crime victims before the |
3 | board. The victim advocate shall be appointed by the Governor, |
4 | by and with the consent of a majority of all of the members of |
5 | the Senate. The victim advocate shall hold office for a term of |
6 | six years and until a successor shall have been duly appointed |
7 | and qualified but in no event more than 90 days beyond the |
8 | expiration of the appointed term. A vacancy occurring for any |
9 | reason shall be filled in the manner provided by section 8 of |
10 | Article IV of the Constitution of Pennsylvania for the remainder |
11 | of the term. Whenever the victim advocate's term expires, that |
12 | position shall be immediately deemed a vacancy, and the Governor |
13 | shall nominate a person to fill that position within 90 days of |
14 | the date of expiration even if the victim advocate continues in |
15 | office. To be eligible to be appointed by the Governor as victim |
16 | advocate, an individual must have at least six years of |
17 | professional experience in victim advocacy, social work or |
18 | related areas, including one year in a supervisory or |
19 | administrative capacity, and a bachelor's degree. Any equivalent |
20 | combination of experience and training shall be acceptable. |
21 | Compensation shall be set by the Executive Board as defined by |
22 | the act of April 9, 1929 (P.L.177, No.175), known as The |
23 | Administrative Code of 1929. |
24 | (c) Service and employees.--The victim advocate shall |
25 | operate from the central office of the board with such clerical, |
26 | technical and professional staff as may be available within the |
27 | budget of the board. The compensation of employees of the office |
28 | shall be set by the Executive Board. |
29 | Section 2. Section 302 of the act, amended October 2, 2002 |
30 | (P.L.839, No.121), is amended to read: |
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1 | Section 302. Powers and duties of victim advocate. |
2 | The victim advocate has the following powers and duties: |
3 | (1) To represent the interests of individual crime |
4 | victims before the board, department or hearing examiner and |
5 | before other government officials. |
6 | (2) To supervise the victim notification duties |
7 | presently conducted by the board. |
8 | (3) To assist in and coordinate the preparation of |
9 | testimony by the crime victims as set forth in sections |
10 | 501(c) and 502 or the submission of oral, written or |
11 | videotaped comments by crime victims prior to a release |
12 | decision. |
13 | (4) To represent the interests of a crime victim under |
14 | section 502. |
15 | (5) To act as a liaison with the victim notification |
16 | program director in the department to coordinate victim |
17 | notification and services for the department and the board. |
18 | The victim advocate is authorized to address the interests of |
19 | all victims before the board, department or hearing examiner |
20 | concerning any issues determined appropriate by the victim |
21 | advocate. |
22 | (6) As determined by the victim advocate, to represent |
23 | and advocate for the interests of crime victims generally, |
24 | including the victims of juvenile crime. |
25 | Section 3. This act shall take effect in 60 days. |
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