SB201INTRODUCED
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SB201
JPPZ9FN-1
By Senator Bell
RFD: Finance and Taxation General Fund
First Read: 27-Feb-25
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5 JPPZ9FN-1 02/27/2025 THR (L)ma 2025-1022
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First Read: 27-Feb-25
SYNOPSIS:
Under existing law, an individual seeking
compensation from the Alabama Crime Victims
Compensation Commission must file a claim within one
year of the injury or death upon which the claim is
based.
This bill would provide that an individual
seeking compensation from the Alabama Crime Victims
Compensation Commission may file a claim within two
years of the injury or death upon which the claim is
based.
A BILL
TO BE ENTITLED
AN ACT
Relating to the Alabama Crime Victims Compensation
Commission; to amend Section 15-23-12, Code of Alabama 1975,
to further provide for the filing of claims.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 15-23-12, Code of Alabama 1975, is
amended to read as follows:
"ยง15-23-12
(a) Compensation shall not be awarded in any of the
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(a) Compensation shall not be awarded in any of the
following circumstances:
(1) A claim has been filed with the commission later
than one year two years after the injury or death upon which
the claim is based, unless the commission finds there was good
cause for the failure to file within that time.
(2) To a claimant who was the offender, or an
accomplice of the offender, or who encouraged or in any way
participated in the criminally injurious conduct.
(3) If the award would unjustly benefit the offender or
accomplice of the offender.
(4) The criminally injurious conduct resulting in
injury or death was reported to a law enforcement officer
later than 72 hours after its occurrence, unless the
commission finds there was good cause for the failure to
report within that time.
(b) Compensation otherwise payable to a claimant may be
diminished or denied to the extent that the economic loss is
recouped from collateral sources ;, or to the extent that the
degree of responsibility for the cause of the injury or death
is attributable to the victim as determined by the commission.
(c) The commission, upon finding that the claimant or
victim has not fully cooperated with appropriate law
enforcement agencies, may deny, withdraw, or reduce an award
of compensation.
(d) The commission, on its own motion or on request of
the claimant, may reconsider a decision granting or denying an
award or determining its an award amount. An order on
reconsideration of an award shall not require a refund of
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reconsideration of an award shall not require a refund of
amounts previously paid, unless the award was obtained by
fraud. The right of reconsideration does not affect the
finality of a commission decision for the purpose of judicial
review."
Section 2. This act shall become effective on October
1, 2025.
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