Borough of Baden, PA
Beaver County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the Borough of Baden as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES

Police Department — See Ch. 29.

ARTICLE I
Police Officers (§ 146-1 — § 146-7) 

[Adopted 10-21-1998 by Ord. No. 847]

§ 146-1
Short title. 

§ 146-2
Purpose and intent. 

§ 146-3
Rules of construction. 

§ 146-4
Definitions. 

§ 146-5
Requirement of offenders. 

§ 146-6
Duties of police officers. 

§ 146-7
Duties 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

Editor's Note: The above-stated purposes were included in the preamble to this ordinance and read as follows:
"WHEREAS, the Act of June 18, 1976, P.L. 394, No. 86, § 1, 18 Pa.C.S.A. § 1106, of the Crimes Code of Pennsylvania, mandates that offenders, convicted of criminal conduct wherein victims suffer personal injury directly resulting from the crime, may be sentenced to make restitution in addition to the punishment prescribed therefor; and
WHEREAS, restitution should be encouraged as both an aid in assisting an offender's rehabilitation and as an aid in compensating a victim for harm directly caused by an offender; and
WHEREAS, the Act of May 3, 1995, P.L. 999, No. 12 (Spec. Session No. 1), § 1, 10 Pa.C.S.A. § 1106, of the Crimes Code of Pennsylvania, requires that mandatory restitution shall be ordered to the victim, the Crime Victims' Compensation Board, any other governmental agency which has provided reimbursement to the victim as a result of the offender's criminal conduct, and any insurance company which has provided reimbursement to the victim as a result of the offender's criminal conduct; and
WHEREAS, the Council of the Borough of Baden desires to decrease the cost of workers' compensation insurance in order to minimize taxes to the residents of the Borough of Baden; and
WHEREAS, it is the intent of the Borough Council 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
WHEREAS, the Borough desires 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 its police officers in the performance of their official duties."
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 Baden; 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 the plural, and the plural the 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 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:

BOROUGH
The Borough of Baden.
BOROUGH SECRETARY
The Secretary of the Borough of Baden.
CRIME
Any offense punishable under 18 Pennsylvania Consolidated Statutes or 75 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 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.
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 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.

A. 

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.

B. 

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).

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.

A. 

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.

B. 

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).