Pennsylvania Act 2004-103 — CRIME VICTIMS ACT - DEFINITIONS OF "CRIME" AND "PERSONAL INJURY CRIME" AND FOR FILING OF CLAIMS FOR COMPENSATION

Act text

CRIME VICTIMS ACT - DEFINITIONS OF "CRIME" AND "PERSONAL INJURY CRIME"
                AND FOR FILING OF CLAIMS FOR COMPENSATION
                 Act of Nov. 19, 2004, P.L. 838, No. 103              Cl. 44
                             Session of 2004
                               No. 2004-103

     HB 2396

                                  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,"
        further providing for the definitions of "crime" and
        "personal injury crime" and for filing of claims for
        compensation.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  The definitions of "crime" and "personal injury
     crime" in section 103 of the act of November 24, 1998 (P.L.882,
     No.111), known as the Crime Victims Act, amended June 28, 2002
     (P.L.496, No.85), are amended to read:
      Section 103.  Definitions.
        The following words and phrases when used in this act shall
     have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        * * *
        "Crime."  An act which was committed:
            (1)  In this Commonwealth by a person, including a
        juvenile, without regard to legal exemption or defense which
        would constitute a crime under the following:
                (i)  [the] The act of April 14, 1972 (P.L.233,
            No.64), known as The Controlled Substance, Drug, Device
            and Cosmetic Act[;].
                (ii)  [18 Pa.C.S. (relating to crimes and offenses),
            30 Pa.C.S. § 5502 (relating to operating watercraft under
            influence of alcohol or controlled substance) or 5502.1
            (relating to homicide by watercraft while operating under
            influence) and 75 Pa.C.S. § 3731 (relating to driving
            under influence of alcohol or controlled substance), 3732
            (relating to homicide by vehicle), 3735 (relating to
            homicide by vehicle while driving under influence),
            3735.1 (relating to aggravated assault by vehicle while
            driving under the influence) or 3742 (relating to
            accidents involving death or personal injury); or]
            18 Pa.C.S. (relating to crimes and offenses).
            30 Pa.C.S. § 5502 (relating to operating watercraft under
        influence of alcohol or controlled substance).
            30 Pa.C.S. § 5502.1 (relating to homicide by watercraft
        while operating under influence).
            The former 75 Pa.C.S. § 3731 (relating to driving under
        influence of alcohol or controlled substance).
            75 Pa.C.S. § 3732 (relating to homicide by vehicle).
            75 Pa.C.S. § 3735 (relating to homicide by vehicle while
        driving under influence).
            75 Pa.C.S. § 3735.1 (relating to aggravated assault by
        vehicle while driving under the influence).
            75 Pa.C.S. § 3742 (relating to accidents involving death
        or personal injury).
            75 Pa.C.S. Ch. 38 (relating to driving after imbibing
        alcohol or utilizing drugs).
                (iii)  [the] The laws of the United States.
            (2)  Against a resident of this Commonwealth which would
        be a crime under paragraph (1) but for its occurrence in a
        location other than this Commonwealth.
            (3)  Against a resident of this Commonwealth which is an
        act of international terrorism.
        * * *
        "Personal injury crime."  An act, attempt or threat to commit
     an act which would constitute a misdemeanor or felony under the
     following:
            18 Pa.C.S. Ch. 25 (relating to criminal homicide).
            18 Pa.C.S. Ch. 27 (relating to assault).
            18 Pa.C.S. Ch. 29 (relating to kidnapping).
            18 Pa.C.S. Ch. 31 (relating to sexual offenses).
            18 Pa.C.S. § 3301 (relating to arson and related
        offenses).
            18 Pa.C.S. Ch. 37 (relating to robbery).
            18 Pa.C.S. Ch. 49 Subch. B (relating to victim and
        witness intimidation).
            30 Pa.C.S. § 5502.1 (relating to homicide by watercraft
        while operating under influence).
            The former 75 Pa.C.S. § 3731 (relating to driving under
        influence of alcohol or controlled substance) in cases
        involving bodily injury.
            75 Pa.C.S. § 3732 (relating to homicide by vehicle).
            75 Pa.C.S. § 3735 (relating to homicide by vehicle while
        driving under influence).
            75 Pa.C.S. § 3735.1 (relating to aggravated assault by
        vehicle while driving under the influence).
            75 Pa.C.S. § 3742 (relating to accidents involving death
        or personal injury).
            75 Pa.C.S. Ch. 38 (relating to driving after imbibing
        alcohol or utilizing drugs) in cases involving bodily injury.
     The term includes violations of any protective order issued as a
     result of an act related to domestic violence.
        * * *
        Section 2.  Section 702(b)(1) of the act, amended June 28,
     2002 (P.L.496, No.85), is amended to read:
      Section 702.  Filing of claims for compensation.
        * * *
        (b)  Time.--
            (1)  Except as set forth in paragraph (2), a claim must
        be filed not later than two years after the discovery of the
        occurrence of the crime upon which the claim is based or not
        later than two years after the death of the direct victim or
        intervenor as a result of the crime or the discovery and
        identification of the body of a murder victim.
            * * *
        Section 3.  This act shall take effect in 60 days.

     APPROVED--The 19th day of November, A. D. 2004.

     EDWARD G. RENDELL