[HISTORY: Adopted by the Mayor and Council of the Borough
of Blawnox as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-18-1998 by Ord. No. 507]
As used in this article, the following terms shall have the
meanings indicated:
The Borough of Blawnox.
Any offense punishable under 18 Pennsylvania Consolidated
Statutes or 75 Pennsylvania Consolidated Statutes.
Any person duly employed by the Borough of Blawnox which
would include a police officer who is by law vested with the power
to arrest when acting within the scope of their employment.
Loss of real or personal property, including negotiable instruments,
or decrease in value, directly resulting from the crime.
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
18 Pennsylvania Consolidated Statutes or 75 Pennsylvania Consolidated
Statutes.
Actual bodily harm directly resulting from the crime.
Any real or personal property, including currency and negotiable
instruments, of the victim.
The return of property of the victim or payments in cash
or the equivalent thereof pursuant to an order of a court.
Shall include, but not be limited to, medical expenses, whether
covered by the Borough's insurance company or not, the amount
of compensation paid to an employee by the Borough or the Borough's
insurance company, and any other payment in any form as a direct result
of the offender's crime.
Any person, except an offender, who suffered injuries to
his/her person or property as a direct result of the crime. The term
includes the Borough of Blawnox, any employee of the Borough of Blawnox,
the Crime Victim's Compensation Fund, if compensation has been
paid by the Crime Victim's Compensation Fund to the victim, and
any insurance company that has compensated the victim for loss under
an insurance contract.
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.Â
Words used in the singular shall include the plural, and the plural
the singular.
B.Â
Words used in the present tense shall include the future tense.
C.Â
The word "shall" is always mandatory and not discretionary.
D.Â
The word "may" is permissive.
E.Â
This article shall be liberally construed to accomplish its purpose
to protect the public's health, safety and welfare.
When required as a condition of probation or parole, offenders
convicted of a crime, wherein a Borough employee 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.
A.Â
Request for information of loss. When a Borough employee who has
suffered personal injury receives notification from the District Attorney's
office of a pending trial for the offender, the officer who suffered
personal injury shall request the Borough Manager to provide to the
officer the monetary value of the loss sustained by the Borough and
the Borough's insurance carrier.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.Â
Reporting. If the offender is convicted of a crime which resulted
in personal injury to the Borough employee, the employee shall inform
the Assistant District Attorney prior to sentencing of the loss sustained
by the victim, the Borough and the Borough's insurance carrier
so that restitution may be ordered by the court pursuant to 18 Pa.C.S.A.
§ 1106(c).
C.Â
Preservation of private remedies. No judgment or order of restitution
shall debar the Borough or any employee who sustained personal injury,
by appropriate action, to recover from the offender as otherwise provided
by law, provided that any civil award shall be reduced by the amount
paid under this article.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.Â
Notification of value of Borough loss. Upon request from a Borough
employee who has suffered personal injury directly resulting from
a crime, the Borough Manager shall provide to the requesting employee
the monetary value of the loss sustained by the Borough and the Borough's
insurance carrier.
B.Â
Value of loss. Value of Borough loss shall include, but not be limited
to, medical expenses, amount of medical expenses not covered by the
Borough insurance carrier, amount of compensation received by the
employee during absence from duty caused by the offender and the amount
of compensation paid to the police officer not reimbursed by the insurance
carrier of the Borough as a direct result of the offender's crime.
The provisions of this article are severable, and, if any of
its provisions or any part of any provisions shall be held unconstitutional
or otherwise held to be invalid, the decision of the court shall not
affect or impair any of the remaining provisions. It is hereby declared
to be the intent of the Borough Council that this article would have
been enacted had such unconstitutional provisions or parts thereof
not been included herein.
Any ordinance or part of ordinance in conflict herewith is hereby
repealed.
