Pennsylvania SB 896: An Act amending the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act, in compensation, further providing for determination of claims and for awards.

Bill Text

PRINTER'S NO. 1026
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 896
Session of
2025
INTRODUCED BY BARTOLOTTA, STEFANO, KANE, MILLER AND HAYWOOD,
JUNE 30, 2025
REFERRED TO JUDICIARY, JUNE 30, 2025
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," in
compensation, further providing for determination of claims
and for awards.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 704(b)(1) of the act of November 24, 1998
(P.L.882, No.111), known as the Crime Victims Act, is amended to
read:
Section 704. Determination of claims.
* * *
(b) Review.--
(1) The Office of Victims' Services shall review the
claim and all supporting documents and investigate the
validity of the claim. The investigation [shall] may include
an examination of police, court and official records and
reports provided by the claimant concerning the crime and may
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include an examination of medical and hospital reports
relating to the injury upon which the claim is based.
Providing the Office of Victims' Services with a valid form
of supporting documentation described under section 707(a.1)
shall be considered sufficient to verify that the crime
occurred. Nothing in this paragraph shall be construed to
limit the Office of Victims' Services' ability to contact the
agency, organization, court or individual from which a
supporting document is said to originate to confirm the
document's authenticity. The Office of Victims' Services may
not request or review counseling notes of mental health
service providers. The Office of Victims' Services shall
request an assessment from the mental health service provider
as to the extent the service provided is needed as a direct
result of the crime.
* * *
Section 2. Section 707(a), (a.1), (a.2) and (b)(1)(iii) of
the act are amended and the section is amended by adding a
subsection to read:
Section 707. Awards.
(a) Requirements.--No award shall be made unless it is
determined by a preponderance of the evidence that:
(1) A crime was committed.
(2) The person injured or killed was a direct victim or
intervenor.
(3) The crime was promptly reported to the proper
authorities or the Office of Victims' Services receives a
form of documentation described under subsection (a.1).
(4) The direct victim, intervenor or claimant has fully
cooperated with [all law enforcement agencies and] the Office
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of Victims' Services, unless the Office of Victims' Services
finds the noncompliance to have been justified consistent
with the Office of Victims' Services regulations. The Office
of Victims' Services shall [ensure that the regulations
relating to cooperation with all law enforcement agencies of
a direct victim, intervenor or claimant comply with] provide
information encouraging victim cooperation with law
enforcement agencies in compliance with all applicable
Federal laws and regulations relating to state promotion of
victim cooperation with law enforcement.
(a.1) [Protection from abuse] Supporting documentation.--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] by doing any of the
following:
(1) 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] withdrawn, unless the Office of Victims'
Services finds the withdrawal to have been justified,
consistent with regulations of the Office of Victims'
Services.
(2) (Reserved).
(2.1) Commencing an action brought in accordance with 42
Pa.C.S. Ch. 62A (relating to protection of victims of sexual
violence or intimidation) and as provided under the
Pennsylvania Rules of Civil Procedure. An award may not be
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made if the record shows that the petition was withdrawn,
except if the Office of Victims' Services finds the
withdrawal to have been justified, consistent with
regulations of the Office of Victims' Services.
(3) Providing the Office of Victims' Services with
medical records documenting injuries to the direct victim or
intervenor, consistent with the allegations of the crime.
(4) Obtaining a sexual assault forensic examination.
(5) Providing the Office of Victims' Services with a
signed statement from a mental healt