§ 1106. Restitution for injuries to person or property.
(a) General rule.--Upon conviction for any crime wherein:
(1) property of a victim has been stolen, converted or otherwise unlawfully obtained,
or its value substantially decreased as a direct result of the crime; or
(2) the victim, if an individual, suffered personal injury directly resulting from the
crime,
the offender shall be sentenced to make restitution in addition to the punishment
prescribed therefor.
(b) Condition of probation or parole.--Whenever restitution has been ordered pursuant to subsection (a) and the offender
has been placed on probation or parole, the offender's compliance with such order
may be made a condition of such probation or parole.
(c) Mandatory restitution.--
(1) The court shall order full restitution:
(i) Regardless of the current financial resources of the defendant, so as to provide the
victim with the fullest compensation for the loss. The court shall not reduce a restitution
award by any amount that the victim has received from the Crime Victim's Compensation
Board or other government agency but shall order the defendant to pay any restitution
ordered for loss previously compensated by the board to the Crime Victim's Compensation
Fund or other designated account when the claim involves a government agency in addition
to or in place of the board. The court shall not reduce a restitution award by any
amount that the victim has received from an insurance company but shall order the
defendant to pay any restitution ordered for loss previously compensated by an insurance
company to the insurance company.
(ii) If restitution to more than one victim is set at the same time, the court shall set
priorities of payment. However, when establishing priorities, the court shall order
payment in the following order:
(A) Any individual.
(A.1) Any affected government agency.
(B) The Crime Victim's Compensation Board.
(C) Any other government agency which has provided reimbursement to the victim as a result
of the defendant's criminal conduct.
(D) Any insurance company which has provided reimbursement to the victim as a result of
the defendant's criminal conduct.
(E) Any estate or testamentary trust.
(F) Any business entity organized as a nonprofit or not-for-profit entity.
(G) Any other business entity.
(2) At the time of sentencing the court shall specify the amount and method of restitution.
In determining the amount and method of restitution, the court:
(i) Shall consider the extent of injury suffered by the victim, the victim's request for
restitution as presented to the district attorney in accordance with paragraph (4)
and such other matters as it deems appropriate.
(ii) May order restitution in a lump sum, by monthly installments or according to such
other schedule as it deems just.
(iii) Shall not order incarceration of a defendant for failure to pay restitution if the
failure results from the offender's inability to pay.
(iv) Shall consider any other preexisting orders imposed on the defendant, including, but
not limited to, orders imposed under this title or any other title.
(v) (Deleted by amendment).
(3) The court may, at any time or upon the recommendation of the district attorney that
is based on information received from the victim and the probation section of the
county or other agent designated by the county commissioners of the county with the
approval of the president judge to collect restitution, alter or amend any order of
restitution made pursuant to paragraph (2), provided, however, that the court states
its reasons and conclusions as a matter of record for any change or amendment to any
previous order.
(4) (i) It shall be the responsibility of the district attorneys of the respective counties
to make a recommendation to the court at or prior to the time of sentencing as to
the amount of restitution to be ordered. This recommendation shall be based upon information
solicited by the district attorney and received from the victim.
(ii) Where the district attorney has solicited information from the victims as provided
in subparagraph (i) and has received no response, the district attorney shall, based
on other available information, make a recommendation to the court for restitution.
(iii) The district attorney may, as appropriate, recommend to the court that the restitution
order be altered or amended as provided in paragraph (3).
(d) Limitations on district justices.--Restitution ordered by a magisterial district judge shall be limited to the return
of the actual property or its undisputed dollar amount or, where the claim for restitution
does not exceed the civil jurisdictional limit specified in 42 Pa.C.S. § 1515(a)(3)
(relating to jurisdiction) and is disputed as to amount, the magisterial district
judge shall determine and order the dollar amount of restitution to be made.
(e) Restitution payments and records.--Restitution, when ordered by a judge, shall be made by the offender to the probation
section of the county in which he was convicted or to another agent designated by
the county commissioners with the approval of the president judge of the county to
collect restitution according to the order of the court or, when ordered by a magisterial
district judge, shall be made to the magisterial district judge. The probation section
or other agent designated by the county commissioners of the county with the approval
of the president judge to collect restitution and the magisterial district judge shall
maintain records of the restitution order and its satisfaction and shall forward to
the victim the property or payments made pursuant to the restitution order.
(f) Noncompliance with restitution order.--Whenever the offender shall fail to make restitution as provided in the order of a
judge, the probation section or other agent designated by the county commissioners
of the county with the approval of the president judge to collect restitution shall
notify the court within 20 days of such failure. Whenever the offender shall fail
to make restitution within 20 days to a magisterial district judge, as ordered, the
magisterial district judge shall declare the offender in contempt and forward the
case to the court of common pleas. Upon such notice of failure to make restitution,
or upon receipt of the contempt decision from a magisterial district judge, the court
shall order a hearing to determine if the offender is in contempt of court or has
violated his probation or parole.
(g) Preservation of private remedies.--No judgment or order of restitution shall debar the victim, 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 the criminal judgment.
(h) Definitions.--As used in this section, the following words and phrases shall have the meanings given
to them in this subsection:
"Affected government agency." The Commonwealth, a political subdivision or local authority that has sustained injury
to property.
"Business entity." A domestic or foreign:
(1) business corporation;
(2) nonprofit corporation;
(3) general partnership;
(4) limited partnership;
(5) limited liability company;
(6) unincorporated nonprofit association;
(7) professional association; or
(8) business trust, common law business trust or statutory trust.
"Crime." Any offense punishable under this title or by a magisterial district judge.
"Injury to property." Loss of real or personal property, including negotiable instruments, or decrease in
its value, directly resulting from the crime.
"Insurance company." An entity that compensates a victim for loss under an insurance contract.
"Insurance contract." A contract governed by the insurance laws of the state in which it was issued or a
plan of benefits sponsored by an employer or employee organization.
"Offender." Any person who has been found guilty of any crime.
"Personal injury." Actual bodily harm, including pregnancy, directly resulting from the crime.
"Property." Any real or personal property, including currency and negotiable instruments, of the
victim.
"Restitution." The return of the property of the victim or payments in cash or the equivalent thereof
pursuant to an order of the court.
"Victim." As defined in section 103 of the act of November 24, 1998 (P.L.882, No.111), known
as the Crime Victims Act. The term includes an affected government agency, the Crime
Victim's Compensation Fund, if compensation has been paid by the Crime Victim's Compensation
Fund to the victim, any insurance company that has compensated the victim for loss
under an insurance contract and any business entity.
(June 18, 1976, P.L.394, No.86, eff. 60 days; Apr. 28, 1978, P.L.202, No.53, eff.
60 days; May 3, 1995, 1st Sp.Sess., P.L.999, No.12, eff. 60 days; Dec. 3, 1998, P.L.933,
No.121, eff. imd.; Nov. 30, 2004, P.L.1618, No.207, eff. 60 days; Oct. 24, 2018, P.L.891,
No.145, eff. imd.)
2018 Amendment. Act 145 amended subsecs. (a), (b), (c)(1), (g) and (h).
2004 Amendment. Act 207 amended subsecs. (d), (e) and (f) and the def. of "crime" in subsec. (h).
See sections 28 and 29 of Act 207 in the appendix to this title for special provisions
relating to applicability and construction of law.
1998 Amendment. Act 121 amended subsecs. (a), (c), (e) and (f).
1995 Amendment. Act 12, 1st Sp.Sess., amended subsec. (c) and the def. of "victim" in subsec. (h).
1976 Amendment. Act 86 added section 1106.
Cross References. Section 1106 is referred to in sections 910, 3020, 3926, 4116 of this title; sections
8316.1, 9728, 9738, 9774.1 of Title 42 (Judiciary and Judicial Procedure); section
6126 of Title 75 (Vehicles).
Notes of Decisions
Commonwealth v. Veon (2016)
pa · cites it 10×
“24 In relevant part, 18 Pa.C.S. § 1106, “Restitution for injuries to person or property,” provides as follows: (a) General rule.”
Commonwealth v. Boyd (2003)
pasuperct · cites it 15×
“Whether Appellant was denied his sixth amendment right to effective assistance of counsel when guilty plea counsel failed to object/demur when Commonwealth failed to establish a victim within the meaning of Restitution Statute (18 Pa.C.S. § 1106). *815 3. Whether Appellant was…”
Commonwealth v. Dietrich (2009)
pa · cites it 19×
“18 Pa.C.S. § 1106 provides, in relevant part (with emphasis added): (a) General rule.”
Commonwealth v. Hall (2013)
pa · cites it 9×
“, 12/13/05, at 9-10 (citing 18 Pa.C.S. § 1106 (enables restitution as part of direct sentencing) and 42 Pa.”
Com. v. Hunt, B. (2019)
pasuperct · cites it 7×
“The order of restitution at issue in this case stems from Appellant’s guilty pleas to two felonies in connection with his misappropriation of funds from his former employer, Bass Pallets LLC (“Bass Pallets”), a Pennsylvania limited liability company that purchases and repurposes…”
Commonwealth v. B.D.G. (2008)
pasuperct · cites it 7×
“The Majority’s reliance on 18 Pa.C.S. § 1106(c)(l)(i) is similarly misplaced, because this statutory section, in essence, codifies Kerr’s holding but adds the requirement that the defendant pay the victim's insurance company instead of the victim directly.”
Commonwealth v. Mourar (1986)
pa · cites it 18×
“Therefore, we hold that a governmental agency can be a "victim" as that term is used in 18 Pa.C.S. § 1106 and that the order of restitution in this case which was made payable to the Pennsylvania Bureau of Drug Control and the Chester County Detectives Office, was proper.”
Commonwealth v. Weir (2018)
pasuperct · cites it 6×
“When restitution is ordered as a condition of probation, the sentencing court is accorded the latitude to fashion probationary conditions designed to rehabilitate the defendant and provide some measure of redress to the victim.”
Commonwealth v. Stradley (2012)
pasuperct · cites it 7×
“2003) (holding that proper remedy for defendant requesting a reduction in the amount of restitution, entered following no contest plea to unauthorized use of an automobile, eleven months after judgment of sentence was entered, was through trial court, pursuant to 18 Pa.C.S. §…”
Commonwealth v. Harner (1992)
pa · cites it 11×
“53, § 7(5), effective June 27, 1978, 18 Pa.C.S. § 1106, and provides in pertinent part: (a) General rule.”
Com. v. Leclair, C. (2020)
pasuperct · cites it 5×
“On February 12, 2019, the [trial c]ourt issued its memorandum opinion and order, finding the USCG was in fact a “victim” for the purposes of 18 Pa.C.S. § 1106, the restitution statute in effect on the date of the murder.”
Com. v. Risoldi, C. (2020)
pasuperct · cites it 5×
“18 Pa.C.S. § 1106(a); see also Trial Court Opinion, 7/23/19, at 5 (citing 42 Pa.”
— 18 Pa. Cons. Stat. § 1106(2) — 1 case
— 18 Pa. Cons. Stat. § 1106(3) — 1 case
— 18 Pa. Cons. Stat. § 1106(C)(2) — 1 case
— 18 Pa. Cons. Stat. § 1106(a) — 90 cases
Commonwealth v. Weir (2018)
pasuperct
“When restitution is ordered as a condition of probation, the sentencing court is accorded the latitude to fashion probationary conditions designed to rehabilitate the defendant and provide some measure of redress to the victim.”
Commonwealth v. Veon (2016)
pa
“24 In relevant part, 18 Pa.C.S. § 1106, “Restitution for injuries to person or property,” provides as follows: (a) General rule.”
Commonwealth v. Hall (2013)
pa
“, 12/13/05, at 9-10 (citing 18 Pa.C.S. § 1106 (enables restitution as part of direct sentencing) and 42 Pa.”
Com. v. Leclair, C. (2020)
pasuperct
“On February 12, 2019, the [trial c]ourt issued its memorandum opinion and order, finding the USCG was in fact a “victim” for the purposes of 18 Pa.C.S. § 1106, the restitution statute in effect on the date of the murder.”
— 18 Pa. Cons. Stat. § 1106(a)(1) — 14 cases
Com. v. Risoldi, C. (2020)
pasuperct
“18 Pa.C.S. § 1106(a); see also Trial Court Opinion, 7/23/19, at 5 (citing 42 Pa.”
— 18 Pa. Cons. Stat. § 1106(a)(2) — 7 cases
— 18 Pa. Cons. Stat. § 1106(a)(b) — 1 case
— 18 Pa. Cons. Stat. § 1106(a)(c) — 1 case
— 18 Pa. Cons. Stat. § 1106(a)(c)(1)(i) — 1 case
— 18 Pa. Cons. Stat. § 1106(b) — 8 cases
— 18 Pa. Cons. Stat. § 1106(b)(6) — 1 case
— 18 Pa. Cons. Stat. § 1106(c) — 21 cases
Commonwealth v. Mourar (1986)
pa
“Therefore, we hold that a governmental agency can be a "victim" as that term is used in 18 Pa.C.S. § 1106 and that the order of restitution in this case which was made payable to the Pennsylvania Bureau of Drug Control and the Chester County Detectives Office, was proper.”
— 18 Pa. Cons. Stat. § 1106(c)(1) — 13 cases
Commonwealth v. Dietrich (2009)
pa
“18 Pa.C.S. § 1106 provides, in relevant part (with emphasis added): (a) General rule.”
— 18 Pa. Cons. Stat. § 1106(c)(1)(i) — 22 cases
— 18 Pa. Cons. Stat. § 1106(c)(1)(ii) — 6 cases
Com. v. Leclair, C. (2020)
pasuperct
“On February 12, 2019, the [trial c]ourt issued its memorandum opinion and order, finding the USCG was in fact a “victim” for the purposes of 18 Pa.C.S. § 1106, the restitution statute in effect on the date of the murder.”
— 18 Pa. Cons. Stat. § 1106(c)(1)(ii)(A) — 3 cases
— 18 Pa. Cons. Stat. § 1106(c)(1)(ii)(C) — 2 cases
Commonwealth v. Hall (2013)
pa
“, 12/13/05, at 9-10 (citing 18 Pa.C.S. § 1106 (enables restitution as part of direct sentencing) and 42 Pa.”
— 18 Pa. Cons. Stat. § 1106(c)(1)(ii)(G) — 2 cases
— 18 Pa. Cons. Stat. § 1106(c)(2) — 33 cases
Commonwealth v. Dietrich (2009)
pa
“18 Pa.C.S. § 1106 provides, in relevant part (with emphasis added): (a) General rule.”
— 18 Pa. Cons. Stat. § 1106(c)(2)(i) — 13 cases
Commonwealth v. Weir (2018)
pasuperct
“When restitution is ordered as a condition of probation, the sentencing court is accorded the latitude to fashion probationary conditions designed to rehabilitate the defendant and provide some measure of redress to the victim.”
Com. v. Risoldi, C. (2020)
pasuperct
“18 Pa.C.S. § 1106(a); see also Trial Court Opinion, 7/23/19, at 5 (citing 42 Pa.”
Commonwealth v. Dietrich (2009)
pa
“18 Pa.C.S. § 1106 provides, in relevant part (with emphasis added): (a) General rule.”
— 18 Pa. Cons. Stat. § 1106(c)(2)(ii) — 6 cases
— 18 Pa. Cons. Stat. § 1106(c)(2)(iii) — 6 cases
— 18 Pa. Cons. Stat. § 1106(c)(2)(iv) — 1 case
— 18 Pa. Cons. Stat. § 1106(c)(3) — 33 cases
Commonwealth v. Dietrich (2009)
pa
“18 Pa.C.S. § 1106 provides, in relevant part (with emphasis added): (a) General rule.”
Commonwealth v. Stradley (2012)
pasuperct
“2003) (holding that proper remedy for defendant requesting a reduction in the amount of restitution, entered following no contest plea to unauthorized use of an automobile, eleven months after judgment of sentence was entered, was through trial court, pursuant to 18 Pa.C.S. §…”
— 18 Pa. Cons. Stat. § 1106(c)(4) — 3 cases
— 18 Pa. Cons. Stat. § 1106(c)(4)(i) — 6 cases
— 18 Pa. Cons. Stat. § 1106(c)(8) — 1 case
Commonwealth v. Dietrich (2009)
pa
“18 Pa.C.S. § 1106 provides, in relevant part (with emphasis added): (a) General rule.”
— 18 Pa. Cons. Stat. § 1106(c)(l)(i) — 6 cases
Commonwealth v. B.D.G. (2008)
pasuperct
“The Majority’s reliance on 18 Pa.C.S. § 1106(c)(l)(i) is similarly misplaced, because this statutory section, in essence, codifies Kerr’s holding but adds the requirement that the defendant pay the victim's insurance company instead of the victim directly.”
Commonwealth v. Stradley (2012)
pasuperct
“2003) (holding that proper remedy for defendant requesting a reduction in the amount of restitution, entered following no contest plea to unauthorized use of an automobile, eleven months after judgment of sentence was entered, was through trial court, pursuant to 18 Pa.C.S. §…”
Commonwealth v. Dietrich (2009)
pa
“18 Pa.C.S. § 1106 provides, in relevant part (with emphasis added): (a) General rule.”
— 18 Pa. Cons. Stat. § 1106(c)(l)(ii) — 1 case
Commonwealth v. Veon (2016)
pa
“24 In relevant part, 18 Pa.C.S. § 1106, “Restitution for injuries to person or property,” provides as follows: (a) General rule.”
— 18 Pa. Cons. Stat. § 1106(c)(l)(ii)(A) — 1 case
— 18 Pa. Cons. Stat. § 1106(c)(l)(ii)(C) — 1 case
Commonwealth v. Boyd (2003)
pasuperct
“Whether Appellant was denied his sixth amendment right to effective assistance of counsel when guilty plea counsel failed to object/demur when Commonwealth failed to establish a victim within the meaning of Restitution Statute (18 Pa.C.S. § 1106). *815 3. Whether Appellant was…”
— 18 Pa. Cons. Stat. § 1106(d) — 1 case
— 18 Pa. Cons. Stat. § 1106(e) — 2 cases
— 18 Pa. Cons. Stat. § 1106(e)(2)(i) — 2 cases
— 18 Pa. Cons. Stat. § 1106(e)(2)(iii) — 1 case
— 18 Pa. Cons. Stat. § 1106(e)(l)(ii)(C) — 1 case
— 18 Pa. Cons. Stat. § 1106(f) — 10 cases
— 18 Pa. Cons. Stat. § 1106(g) — 10 cases
Commonwealth v. B.D.G. (2008)
pasuperct
“The Majority’s reliance on 18 Pa.C.S. § 1106(c)(l)(i) is similarly misplaced, because this statutory section, in essence, codifies Kerr’s holding but adds the requirement that the defendant pay the victim's insurance company instead of the victim directly.”
Com. v. Risoldi, C. (2020)
pasuperct
“18 Pa.C.S. § 1106(a); see also Trial Court Opinion, 7/23/19, at 5 (citing 42 Pa.”
Commonwealth v. Mourar (1986)
pa
“Therefore, we hold that a governmental agency can be a "victim" as that term is used in 18 Pa.C.S. § 1106 and that the order of restitution in this case which was made payable to the Pennsylvania Bureau of Drug Control and the Chester County Detectives Office, was proper.”
— 18 Pa. Cons. Stat. § 1106(h) — 45 cases
Commonwealth v. Boyd (2003)
pasuperct
“Whether Appellant was denied his sixth amendment right to effective assistance of counsel when guilty plea counsel failed to object/demur when Commonwealth failed to establish a victim within the meaning of Restitution Statute (18 Pa.C.S. § 1106). *815 3. Whether Appellant was…”
Commonwealth v. Veon (2016)
pa
“24 In relevant part, 18 Pa.C.S. § 1106, “Restitution for injuries to person or property,” provides as follows: (a) General rule.”
Commonwealth v. Mourar (1986)
pa
“Therefore, we hold that a governmental agency can be a "victim" as that term is used in 18 Pa.C.S. § 1106 and that the order of restitution in this case which was made payable to the Pennsylvania Bureau of Drug Control and the Chester County Detectives Office, was proper.”
Com. v. Hunt, B. (2019)
pasuperct
“The order of restitution at issue in this case stems from Appellant’s guilty pleas to two felonies in connection with his misappropriation of funds from his former employer, Bass Pallets LLC (“Bass Pallets”), a Pennsylvania limited liability company that purchases and repurposes…”
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