Pennsylvania Act 2002-144 — CRIME VICTIMS ACT - AMEND AWARDS AND TRANSFER TO CRIME VICTIM'S COMPENSATION FUND

Act text

CRIME VICTIMS ACT - AMEND AWARDS AND TRANSFER TO CRIME VICTIM'S
                            COMPENSATION FUND
                 Act of Dec. 3, 2002, P.L. 1177, No. 144              Cl. 44
                             Session of 2002
                               No. 2002-144

     SB 807

                                  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 awards; and making a transfer to the
        Crime Victim's Compensation Fund.

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

        Section 1.  Section 707 of the act of November 24, 1998
     (P.L.882, No.111), known as the Crime Victims Act, is amended by
     adding a subsection to read:
      Section 707.  Awards.
        * * *
        (a.1)  Protection from abuse.--A claimant who satisfies the
     eligibility requirements of subsection (a)(1), (2) and (4) may
     satisfy the eligibility requirement under subsection (a)(3) for
     reporting a crime to the proper authorities by commencing an
     action brought in accordance with 23 Pa.C.S. Ch. 61 (relating to
     protection from abuse) and as provided for in the Pennsylvania
     Rules of Civil Procedure. In no case may an award be made if the
     record shows that the petition was:
            (1)  Withdrawn, unless the Office of Victim Services
        finds the withdrawal to have been justified, consistent with
        regulations of the Office of Victim Services.
            (2)  Filed more than 72 hours after the occurrence of the
        criminal conduct leading to the commencement of the action,
        unless:
                (i)  the victim is under 18 years of age at the time
            of the occurrence of the criminal conduct and the alleged
            offender is the victim's parent or a person responsible
            for the victim's welfare, an individual residing in the
            same home as the victim or a paramour of the victim's
            parent; or
                (ii)  the Office of Victim Services finds the delay
            to have been justified, consistent with regulations of
            the Office of Victim Services.
        * * *
        Section 2.  The sum of $1,000,000 is hereby transferred on a
     one-time basis from the Victim Witness Services Fund to the
     Crime Victim's Compensation Fund.
        Section 3.  This act shall take effect immediately.

     APPROVED--The 3rd day of December, A. D. 2002.

     MARK S. SCHWEIKER