Police Department — See Ch. 29.
ARTICLE IPolice Officers (§ 146-1 — § 146-7)
§ 146-1Short title.
§ 146-2Purpose and intent.
§ 146-3Rules of construction.
§ 146-5Requirement of offenders.
§ 146-6Duties of police officers.
§ 146-7Duties of the Borough Secretary.
This article shall be known as the "Borough of Baden Restitution of Workers' Compensation Paid to Police Officers Ordinance."
This article is adopted for the above-stated purposes
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:
Words used in the singular shall include the plural, and the plural the singular.
Words used in the present tense shall include the future tense.
The word "shall" is always mandatory and not discretionary.
The word "may" is permissive.
This article shall be liberally construed 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:
- The Borough of Baden.
- BOROUGH SECRETARY
- The Secretary of the Borough of Baden.
- Any offense punishable under 18 Pennsylvania Consolidated Statutes or 75 Pennsylvania Consolidated Statutes.
- 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.
- POLICE OFFICER
- Any person duly employed by the Borough of Baden who is by law given the power to arrest when acting within the scope of the person's employment.
- The return of property of the victim or payments in cash or the equivalent thereof pursuant to an order of court.
- 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 Baden 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.
Request for information of loss. When a Borough police officer 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 Secretary to provide to the officer the monetary value of the loss sustained by the Borough and the Borough's insurance carrier.
Reporting. If the offender is convicted of a crime which resulted in personal injury to the Borough police officer, the police officer 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).
Preservation of private remedies. No judgment or order of restitution shall debar the Borough or any police officer 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.
Notification of value of Borough loss. Upon request from a Borough police officer who has suffered personal injury directly resulting from a crime, the Borough Secretary shall provide to the requesting officer the monetary value of the loss sustained by the Borough and the Borough's insurance carrier.
Value of loss. The value of the 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 police officer 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, which shall include benefits payable under the Heart and Lung Act (Act of June 28, 1935, P.L. 477, No. 193).