Pennsylvania HB 2443: An Act providing for Child Victim Recovery Fee; establishing the Child Victim Recovery Fund; and imposing duties on the Pennsylvania Commission on Crime and Delinquency.

Bill Text

PRIOR PRINTER'S NO. 3253 PRINTER'S NO. 3616
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2443
Session of
2026
INTRODUCED BY MULLINS, RIGBY, DOUGHERTY, HILL-EVANS, SANCHEZ,
McNEILL, RIVERA, HANBIDGE, KAZEEM, FREEMAN, NEILSON, KUZMA,
INGLIS, GALLAGHER, MAYES, MADDEN, M. BROWN, BRIGGS, GUENST,
DALEY, BERNSTINE, CAUSER, BOROWSKI, M. MACKENZIE, BOYD,
CONKLIN, CURRY, MUSTELLO, O'MARA, SOLOMON, BENNINGHOFF,
TAKAC, CERRATO, SCOTT, WAXMAN, DONAHUE, FLEMING, SALISBURY,
PUGH, SMITH-WADE-EL, DELLOSO, BASHLINE, KOSIEROWSKI AND
VEROBISH, APRIL 21, 2026
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 16, 2026
AN ACT
Providing for Child Victim Recovery Fee; establishing the Child
Victim Recovery Fund; and imposing duties on the Pennsylvania
Commission on Crime and Delinquency.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Child Victim
Recovery Fund.
Section 2. 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:
"Children's advocacy center." As defined in 23 Pa.C.S. §
6303 (relating to definitions).
"Commission." The Pennsylvania Commission on Crime and
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Delinquency.
"Court." A court of common pleas.
"Covered offense." Any of the following offenses under 18
Pa.C.S. (relating to crimes and offenses):
(1) Section 3123(b) or (c) (relating to involuntary
deviate sexual intercourse).
(2) Section 3124.2(a.2) (relating to institutional
sexual assault).
(3) Section 3125(a)(7) or (8) (relating to aggravated
indecent assault).
(4) Section 3126(a)(7) or (8) (relating to indecent
assault).
(5) Section 6301(a)(1)(i) or (ii) (relating to
corruption of minors).
(6) Any other offense under 18 Pa.C.S. that is
substantially similar to an offense specified under paragraph
(1), (2), (3), (4) or (5) and in which a minor is identified
in a charging document, plea or verdict as the victim of the
offense.
"COVERED OFFENSE." AN OFFENSE LISTED UNDER 42 PA.C.S. §
9799.14 (RELATING TO SEXUAL OFFENSES AND TIER SYSTEM).
"Fee." The Child Victim Recovery Fee imposed under section
3(a).
"Fund." The Child Victim Recovery Fund established under
section 5(a).
"Indigent." An individual determined by a court to be unable
to pay the fee without undue hardship based on the individual's
financial resources and obligations.
"Minor." An individual under 18 years of age who is
identified in a charging document, plea or verdict as the victim
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of a covered offense.
Section 3. Child Victim Recovery Fee.
(a) Imposition.--In addition to any other fines, costs or
restitution ordered, a court shall impose a Child Victim
Recovery Fee in each case in which any of the following applies:
(1) A defendant is convicted of a covered offense.
(2) A defendant pleads guilty or nolo contendere to a
covered offense.
(3) (2) A defendant is placed into a pretrial
diversionary program or alternative disposition program for a
covered offense, including Accelerated Rehabilitative
Disposition.
(b) Amount.--The fee shall be imposed in the following
amounts, as applicable:
(1) $1,000 for a felony.
(2) $400 for a misdemeanor.
(3) $250 for placement into a pretrial diversionary
program or alternative disposition program.
(c) Timing for diversionary dispositions.--A court shall
impose the fee at the time a defendant is accepted into a
pretrial diversionary program or alternative disposition
program. Payment of the fee shall be a condition of successful
completion of the pretrial diversionary program or alternative
disposition program.
(d) Ability to pay.--If a court determines that a defendant
is indigent, the court shall authorize payment of the fee by
installment plan. The court may reduce the periodic installment
amount to avoid undue hardship. PRIOR TO IMPOSING A FEE OR
INSTALLMENT PAYMENT, THE COURT SHALL DETERMINE WHETHER THE
DEFENDANT IS ABLE TO PAY IN ACCORDANCE WITH 42 PA.C.S. § 9730
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(RELATING TO PAYMENT OF COURT COSTS, RESTITUTION AND FINES). THE
COURT MAY NOT ESTABLISH A MANDATORY MINIMUM INSTALLMENT PAYMENT
THAT IS NOT BASED ON THE INDIVIDUAL DEFENDANT'S ABILITY TO PAY.
(e) Collection.--The fee shall be collected in accordance
with 42 Pa.C.S. § 9728 (relating to collection of restitution,
reparation, fees, costs, fines and penalties). The obligation to
pay the fee shall constitute a judgment and shall be entered and
docketed as provided under 42 Pa.C.S. § 9728(b)(1) and (2).
(f) Priority.--The fee may not reduce restitution ordered in
a case. Collection and payment of restitution shall have
priority as provided under all of the following:
(1) 18 Pa.C.S. § 1106(c)(1)(ii