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.

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 health care provider or other
licensed health care provider certifying that the victim
suffered from physical or mental injury as a result of the
crime. In the event the certifying mental health care
provider or licensed health care provider provides direct
services to the victim, compensation for the services shall
be limited to Medicare-approved rates.
(6) Any other form of documentation that the Office of
Victims' Services considers sufficient pursuant to
regulations to verify that the crime occurred.
[(a.2) Sexual violence and intimidation orders.--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
42 Pa.C.S. Ch. 62A (relating to protection of victims of sexual
violence or intimidation) and as provided for in the
Pennsylvania Rules of Civil Procedure. An award may not be 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
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Victims' Services.]
(b) Amount.--
(1) Any award made under this chapter shall be
contingent upon funds being available and be in an amount not
exceeding out-of-pocket loss, together with loss of past,
present or future earnings or support resulting from such
injury. In no case shall the total amount of an award exceed
$35,000 except for payment of the following:
* * *
(iii) reasonable and necessary costs of cleaning the
crime scene of a private residence or privately owned
motor vehicle, the amount of which shall not exceed
[$500] $1,500.
* * *
(i) Debt collection activities prohibited.--
(1) When a claimant files a claim for compensation under
this chapter, any of the following that has been given notice
of a pending claim relating to the debt or expense, as
provided under paragraph (3) or (4), shall refrain from all
debt collection activities relating to the claim until the
Office of Victims' Services has made an award on the claim
and issued payment or 45 days after the date of notice from
the Office of Victims' Services of a final decision to deny
the claim:
(i) A hospital or licensed health care provider that
has provided medical care in relation to the crime upon
which the claim is based.
(ii) A person or entity that has provided funeral or
death-related services in relation to the death of a
victim.
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(iii) A person or entity that has provided crime
scene cleanup services.
(iv) Another vendor of a service or expense that may
be eligible for an award under this chapter.
(2) As soon as practicable, the Office of Victims'
Services shall issue to a claimant a written notice of the
claim and inform the claimant that the claimant may provide a
copy of the written notice to vendors or service providers to
have debt collection activities cease while the claim is
pending.
(3) An applicant may provide a copy of the written
notice issued under paragraph (2) to a vendor or service
provider waiting for payment of a debt related to the claim.
Providing the notice to a vendor or service provider
authorizes the vendor, service provider or a billing agent of
the vendor or service provider to confirm with the Office of
Victims' Services the claimant's claim status and date of
resolution as it relates to vendor or service provider's
specific debt.
(4) A vendor or service provider that assists an
applicant in completing or submitting a claim for
compensation, or a vendor or service provider that submits a
bill to the Office of Victims' Services, has constructive
notice of the filing of the claim and must not engage in debt
collection activities against the applicant for debt related
to the claim, in accordance with paragraph (1).
(5) The statute of limitations for collection of debt
shall be tolled during the period in which the applicable
vendor or service provider is required to refrain from debt
collection activities under this subsection.
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(6) As used in this subsection, the term "debt
collection activities":
(i) Shall include:
(A) repeatedly calling or writing to a claimant
or other person eligible for benefits associated with
a claim;
(B) threatening to refer or actually referring
the unpaid health care matter, funeral expense, other
death-related expense or crime scene cleanup expense
to a debt collection agency or an attorney for
collection;
(C) filing a legal action or pursuing any legal
process or legal proceeding; or
(D) contacting a credit ratings agency or
distributing information that could affect the
claimant's credit rating as a result of nonpayment
for the service provided.
(ii) Shall not include:
(A) billing insurance or other government
programs;
(B) routine inquiries about coverage by private
insurance or government programs; or
(C) routine billing that indicates that the
amount is not due pending resolution of the claim for
compensation.
Section 3. This act shall take effect in 60 days.
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