[Adopted 4-14-1998 by Ord. No. 2091]
This article shall be known as the "Borough of Millvale Restitution
of Workers' Compensation Paid to Police Officers Ordinance."
This article is adopted for the above-stated purpose and to
aid in compensating victims for harm directly caused by an offender,
to decrease the cost of workers' compensation insurance in order
to minimize taxes to the residents of the Borough of Millvale, to
minimize losses sustained by the Borough and its police officers through
workers' compensation payments which occur as a direct result
of criminal conduct inflicted upon its police officers by criminal
offenders, and to obtain restitution for losses sustained by the Borough
and its police officers as the direct result of criminal conduct resulting
in personal injury to police officers in the performance of their
official duties.
In the construction of this article, the rules and definitions
contained in this section shall be observed and applied, except when
the context clearly indicates otherwise:
A. Words used in the singular shall include plural, and the plural,
singular.
B. Words used in the present tense shall include the future tense.
C. The word "shall" is always mandatory and not discretionary.
D. The word "may" is permissive.
E. This article shall be liberally constructed to accomplish its purpose
to protect the public's health, safety and welfare.
As used in this article, the following terms shall have the
meanings indicated:
CRIME
Any offense punishable under Title 18 or 75 of the Pennsylvania
Consolidated Statutes
OFFENDER
Any person, except a victim, who criminally causes personal
injury to the person or property of another as a direct result of
a crime and who is adjudged guilty of an offense punishable under
Title 18 or 75 of the Pennsylvania Consolidated Statutes.
POLICE OFFICER
Any person duly employed by the Borough of Millvale who is
by law given the power to arrest when acting within the scope of the
person's employment.
RESTITUTION
The return of property of the victim or payments in cash
or the equivalent thereof pursuant to an order of court.
VICTIM
Any person, except an offender, who suffered injuries to
his person or property as a direct result of the crime. The term "victim"
specifically includes the Borough of Millvale and any insurance company
that has compensated the victim for loss under an insurance contract.
When required as a condition of probation or parole, offenders
convicted of a crime, wherein a police officer suffered injury to
property or personal injury directly resulting from the crime, shall
make restitution in the amount of the value of the loss sustained
by the victim, the Borough or an insurance company, as ordered by
the sentencing court.
[Adopted 3-13-2001 by Ord. No. 2181]
It is resolved by the Borough of Millvale that its officers
and employees are directed to execute any and all documents necessary
to provide the inclusion of the Mayor and members of Borough Council
under said policies of insurance covering life, health, hospitalization,
medical and surgical service and/or accident insurance as provided
for Borough employees.