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§ 11.702. Filing of claims for compensation

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 18 P.S. Crimes and OffensesEffective: September 9, 2022

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 18 P.S. Crimes and Offenses
Chapter 2. Crime Victims Act (Refs & Annos)
Chapter 7. Compensation
Effective: September 9, 2022
18 P.S. § 11.702
§ 11.702. Filing of claims for compensation
<Section 16 of Act 2022, July 11, P.L. 775, No. 77, provides that the amendment of this section by that Act shall apply to claims where the crime occurred after April 7, 2023.>
(a) General rule.--Except as otherwise provided in this act, a claim for compensation may be filed by an individual eligible for compensation as provided in section 701 or 701.1,1 or as follows:
(1) If the individual is a minor, the claim may be filed by a parent or guardian. If the parent or guardian of a minor who is eligible for compensation is unavailable or fails to assume financial responsibility for the minor's care, a person who assumes financial responsibility for services eligible for compensation and who is not a provider of services or an insurance company may file a claim on behalf of the minor and may receive compensation for eligible services provided to the minor.
(2) If the individual is mentally incompetent, the claim may be filed by a guardian or legal representative. If the guardian or legal representative of a mentally incompetent individual who is eligible for compensation is unavailable or fails to assume financial responsibility for the individual's care, a person who assumes financial responsibility for services eligible for compensation and who is not a provider of services or an insurance company may file a claim on behalf of the individual and may receive compensation for eligible services provided to the individual.
(b) Time.--
(1) Except as set forth in paragraph (2), a claim must be filed not later than five years after the discovery of the occurrence of the crime upon which the claim is based or not later than five 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.
(2) Exceptions shall be as follows:
(i.1) Claims for counseling services related to sexual abuse under section 701.1.2
(ii) If a direct victim is under 18 years of age at the time of the occurrence of the crime and the alleged offender is the direct victim's parent or a person responsible for the direct victim's welfare, an individual residing in the same home as the direct victim or a paramour of the direct victim's parent, all of the following shall apply:
(A) The limitation period under this subsection is tolled until the direct victim reaches 21 years of age.
(B) The limitation period shall run until the later of:
(I) the end of the limitation period for the offense as set forth in 42 Pa.C.S. Ch. 55 Subch. C (relating to criminal proceedings);3 or
(II) the end of the limitation period under paragraph (1).
(ii.1) If a direct victim is under 18 years of age at the time of the occurrence of the crime and the direct victim is seeking reimbursement for counseling services only, all of the following shall apply:
(A) The limitation period under this subsection is tolled until the direct victim reaches 21 years of age.
(B) The limitation period shall run until the later of:
(I) the end of the limitation period for the offense as set forth in 42 Pa.C.S. Ch. 55 Subch. C; or
(II) the end of the limitation period under paragraph (1).
(iii.1) The Office of Victims' Services may find good cause to accept a claim beyond the limitation period under paragraph (1) if one of the following circumstances existed at the time of the occurrence of the crime or the discovery of the occurrence of the crime:
(A) The direct victim, intervenor or claimant was mentally or physically incapacitated.
(B) The victim was a minor.
(C) There was a fear of retaliation.
(D) The occurrence of the crime was not readily apparent.
(E) Other circumstances when good cause is shown by the claimant.
(b.1) Returned claims.--If a claim has been filed but subsequently returned to the claimant for correction or for additional verification or information, the date the claim was first received by the Office of Victims' Services shall be the permanent filing date for purposes of subsection (b). The correction or additional verification or information must be filed within a period of time established by the Office of Victims' Services.
(c) Manner.--Claims must be filed with the Office of Victims' Services in person, by mail or by any electronic means authorized by the Office of Victims' Services.

Credits

1998, Nov. 24, P.L. 882, No. 111, § 702, imd. effective. Amended 2002, June 28, P.L. 496, No. 85, § 4, effective in 60 days; 2004, Nov. 19, P.L. 838, No. 103, § 2, effective in 60 days [Jan. 18, 2005]; 2022, July 11, P.L. 775, No. 77, § 10, effective in 60 days [Sept. 9, 2022].

Footnotes

18 P.S. §§ 11.701, 11.701.1.
18 P.S. § 11.701.1.
42 Pa.C.S.A. § 5551 et seq.
18 P.S. § 11.702, PA ST 18 P.S. § 11.702
Current through 2022 Regular Session Act 121. Some statute sections may be more current, see credits for details.
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