State Senate advances fix for restitution law barring government entities, non-profits from collecting

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Legislation sponsored by Sens. Lisa Boscola (D-Northampton) and Pat Stefano (R-Fayette) unanimously passed the state Senate this week, clarifying that government entities and non-profits are eligible to collect restitution.

A loophole in the current restitution law finds that municipalities and other government entities and non-profit organizations do not legally qualify as “victims” for the purpose of collecting restitution. A news media story on a local court ruling alerted Boscola to the inequity.

Robert Kearns was found guilty of stealing more than $832,000 from Bethlehem Township taxpayers, but a state Superior court ruled that he did not have to pay the money back because of the loophole.

“Crime should never pay,” Boscola said. “But that’s exactly what the court decision allowed.”

She also said that individuals who pay government taxes and make charitable donations are also “people” who deserve protection under the restitution law.

Stefano saw similar situations occur in his senate district and worked closely with Boscola to reach a strong bipartisan correction to the problematic loophole. The two senators also worked with the Pennsylvania District Attorneys Association and the state Office of Victim Advocate to draft the legislation.

The bill now heads to the House of Representatives for further consideration.