General Assembly Substitute Bill No. 870
January Session, 2013 *_____SB00870APP___050113____*
General Assembly
Substitute Bill No. 870
January Session, 2013
*_____SB00870APP___050113____*
AN ACT CONCERNING VICTIM COMPENSATION.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 54-201 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
As used in sections 54-201 to 54-233, inclusive, as amended by this act, and section 17 of this act:
(1) "Victim" means a person who: [is] (A) Is injured, [or] threatened with physical injury or death, or killed [as provided in section 54-209] in the course of or as a result of (i) the commission or attempted commission by another of a crime; (ii) an attempt to prevent the commission of a crime or to apprehend a suspected criminal; (iii) aiding or attempting to aid a police officer in preventing the commission of a crime or apprehending a suspected criminal; or (iv) any crime involving international terrorism, as defined in 18 USC 2331, as amended from time to time; (B) is a victim of domestic terrorism or a witness to domestic terrorism; or (C) qualifies for compensation under subsection (b) of section 54-209, as amended by this act;
(2) ["Personal injury"] "Injury" means (A) [actual bodily harm and mental anguish which is the direct result of bodily injury] physical injury or emotional harm and includes pregnancy and any condition thereof, or (B) injury to a guide dog or assistance dog owned or kept by a blind or disabled person;
(3) "Dependent" means (A) any relative of a deceased victim who was wholly or partially dependent on the victim's income at the time of the victim's death, or (B) a person designated by a deceased victim in accordance with section 1-56r; [who was wholly or partially dependent upon his income at the time of his death or the child of a deceased victim and shall include the child of such victim born after his death;]
(4) "Relative" means a [person's] victim's spouse, parent, grandparent, stepparent, child, including a natural born child born prior to, on or after the date of the victim's death, stepchild and adopted child, grandchild, brother, sister, half brother or half sister. [or a parent of a person's spouse;] "Relative" may include a parent of a victim's spouse, an uncle, aunt, nephew, niece, fiance, fiance, brother-in-law or sister-in-law. "Relative" does not include any person responsible for the crime that resulted in the injury or death of the victim;
(5) "Crime" means any act which is a felony, as defined in section 53a-25, or a misdemeanor, as defined in section 53a-26, and includes any delinquent act that would constitute a felony or misdemeanor if committed by an adult, a serious juvenile offense or other crime committed by a [juvenile.] child or youth;
(6) "Emotional harm" means a mental or emotional impairment that is directly attributable to a threat of serious physical injury, as defined in section 53a-3, or death to the affected person that requires treatment through services;
(7) "Domestic terrorism" means any act of terrorism committed in violation of section 53a-300;
(8) "Victim of domestic terrorism" means a person who has suffered an injury as a result of being in direct proximity to an act of domestic terrorism, and includes, but is not limited to, any person responding to the location of an act of domestic terrorism;
(9) "Witness to domestic terrorism" means a person who has suffered an injury as a result of being in the general proximity of an act of domestic terrorism, and has witnessed the domestic terrorism through any of such person's five senses; and
(10) "Services" means any services provided to a victim, that the Office of Victim Services determines to be compensable, including, but not limited to, medical services, psychiatric services, psychological services, social services and social rehabilitation services.
Sec. 2. Subsection (a) of section 54-202 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(a) On or before July 1, 1993, the Governor shall appoint five victim compensation commissioners for a term of four years to conduct hearings and make determinations as provided in sections 54-201 to [54-233] 54-218, inclusive, as amended by this act. To be eligible for appointment, a victim compensation commissioner shall have been admitted to the practice of law in this state for at least five years prior to the appointment.
Sec. 3. Subdivisions (1) to (7), inclusive, of subsection (b) of section 54-203 of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(1) To direct each hospital, whether public or private, to display prominently in its emergency room posters giving notice of the availability of compensation and assistance to victims of crime or their dependents pursuant to [sections 54-201 to 54-233, inclusive] this chapter, and to direct [every] each law enforcement agency of the state to inform victims of crime or their dependents of their rights pursuant to [sections 54-201 to 54-233, inclusive] this chapter;
(2) To request from the office of the state's attorney, state police, local police departments or any law enforcement agency such investigation and data as will enable the Office of Victim Services to determine if in fact the applicant was a victim of a crime or attempted crime and the extent, if any, to which the victim or claimant was responsible for his or her own injury;
(3) To request from the Department of Correction, other units of the Judicial Department and the Board of Pardons and Paroles such information as will enable the Office of Victim Services to determine if in fact a person who has requested notification pursuant to section 54-228 was a victim of a crime;
(4) To direct the medical examination of [victims] a victim as a requirement for payment under sections 54-201 to [54-233] 54-218, inclusive, as amended by this act;
(5) To take or cause to be taken affidavits or depositions within or [without the] outside of this state;
(6) To apply for, receive, allocate, disburse and account for grants of funds made available by the United States, by the state, foundations, corporations and other businesses, agencies or individuals to implement a program for victim services which shall assist witnesses and victims of crimes as the Office of Victim Services deems appropriate within the resources available and to coordinate services to victims by state and community-based agencies, with priority given to victims of violent crimes, by (A) assigning, in consultation with the Division of Criminal Justice, such victim advocates as are necessary to provide assistance; (B) administering victim service programs; and (C) awarding grants or purchase of service contracts to private nonprofit organizations or local units of government for the direct delivery of services, except that the provision of training and technical assistance of victim service providers and the development and implementation of public education campaigns may be provided by private nonprofit or for-profit organizations or local units of government. Such grants and contracts shall be the predominant method by which the Office of Victim Services shall develop, implement and operate direct service programs and provide training and technical assistance to victim service providers;
(7) To provide each person who applies for compensation pursuant to section 54-204, as amended by this act, within ten days of the date of receipt of such application, with a written list of rights of victims of crime involving [personal] injury and the programs available in this state to assist such victims. The Office of Victim Services, the state or any agent, employee or officer thereof shall not be liable for the failure to supply such list or any alleged inadequacies of such list. Such list shall include, but not be limited to:
(A) Subject to the provisions of sections 18-81e and 51-286e, the victim shall have the right to be informed concerning the status of his or her case and to be informed of the release from custody of the defendant;
(B) Subject to the provisions of section 54-91c, the victim shall have the right to present a statement of his or her losses, injuries and wishes to the prosecutor and the court prior to the acceptance by the court of a plea of guilty or nolo contendere made pursuant to a plea agreement with the state wherein the defendant pleads to a lesser offense than the offense with which the defendant was originally charged;
(C) Subject to the provisions of section 54-91c, prior to the imposition of sentence upon the defendant, the victim shall have the right to submit a statement to the prosecutor as to the extent of any injuries, financial losses and loss of earnings directly resulting from the crime;
(D) Subject to the provisions of section 54-126a, the victim shall have the right to appear before a panel of the Board of Pardons and Paroles and make a statement as to whether the defendant should be released on parole and any terms or conditions to be imposed upon any such release;
(E) Subject to the provisions of section 54-36a, the victim shall have the right to have any property the victim owns which was seized by police in connection with an arrest to be returned;
(F) Subject to the provisions of sections 54-56e and 54-142c, the victim shall have the right to be notified of the application by the defendant for the pretrial program for accelerated rehabilitation and to obtain from the court information as to whether the criminal prosecution in the case has been dismissed;
(G) Subject to the provisions of section 54-85b, the victim cannot be fired, harassed or otherwise retaliated against by an employer for appearing under a subpoena as a witness in any criminal prosecution;
(H) Subject to the provisions of section 54-86g, the parent or legal guardian of a child twelve years of age or younger who is a victim of child abuse or sexual assault may request special procedural considerations to be taken during the testimony of the child;
(I) Subject to the provisions of section 46b-15, the victim of assault by a spouse or former spouse, family or household member has the right to request the arrest of the offender, request a protective order and apply for a restraining order;
(J) Subject to the provisions of sections 52-146k, 54-86e and 54-86f, the victim of sexual assault or domestic violence can expect certain records to remain confidential; and
(K) Subject to the provisions of section 53a-32, the victim may receive notification from a probation officer whenever the officer has notified a police officer that the probation officer has probable cause to believe that the offender has violated a condition of such offender's probation.
Sec. 4. Subdivisions (15) to (18), inclusive, of subsection (b) of section 54-203 of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(15) Within available appropriations, to establish a crime victims' information clearinghouse which shall be a central repository for information collected pursuant to subdivision (9) of this subsection and information made available through the criminal justice information system, to provide a toll-free telephone number for access to such information and to develop a plan, in consultation with all agencies required to provide notification to victims, outlining any needed statutory changes, resources and working agreements necessary to make the Office of Victim Services the lead agency for notification of victims, which plan shall be submitted to the General Assembly not later than February 15, 2000;
(16) To provide a training program for judges, prosecutors, police officers, probation and parole personnel, bail commissioners, intake, assessment and referral specialists, officers from the Department of Correction and judicial marshals to inform them of victims' rights and available services;
(17) To establish a sexual assault forensic examiners program [that will] to train and make available sexual assault forensic examiners to adolescent and adult victims of sexual assault who are patients at participating acute care hospitals. In order to establish and implement such program, the Office of Victim Services may apply for, receive, allocate, disburse and account for grants of funds made available by the United States, the state, foundations, corporations and other businesses, agencies or individuals; and
(18) To submit to the joint standing committee of the General Assembly having cognizance of matters relating to victim services, in accordance with the provisions of section 11-4a, on or before January 15, 2000, and biennially thereafter a report of its activities under [sections 54-201 to 54-233, inclusive] this chapter, including, but not limited to, implementation of training activities and mandates. Such report shall [include] indicate the types of training provided, the entities providing training and the recipients of training.
Sec. 5. Section 54-204 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(a) Any person who may be eligible for compensation or [restitution] services, or both, pursuant to sections 54-201 to [54-233] 54-218, inclusive, as amended by this act, may make application therefor to the Office of Victim Services. If the person entitled to make application is a minor or incompetent person, the application may be made on such person's behalf by a parent, guardian or other legal representative of the minor or incompetent person.
(b) In order to be eligible for compensation or [restitution] services under sections 54-201 to [54-233] 54-218, inclusive, as amended by this act, the applicant shall, prior to a determination on any application made pursuant to sections 54-201 to [54-233] 54-218, inclusive, as amended by this act, submit reports if reasonably available from [all physicians or surgeons who have] each physician or surgeon who has treated or examined the victim in relation to the injury for which compensation is claimed at the time of or subsequent to the victim's injury or death. If, in the opinion of the Office of Victim Services or, on review, a victim compensation commissioner, reports on the previous medical history of the victim, examination of the injured victim and a report [thereon] on such examination or a report on the cause of death of the victim by an impartial medical expert would be of material aid to [its] a just determination by the office or commissioner, [said] the office or commissioner shall order such reports and examinations. Any information received by the office or commissioner which is confidential in accordance with any provision of the general statutes or federal law shall remain confidential while in the custody of the Office of Victim Services or a victim compensation commissioner.
Sec. 6. Section 54-205 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(a) Upon application made under the provisions of sections 54-201 to [54-233] 54-218, inclusive, as amended by this act, the Office of Victim Services shall evaluate such application, make an appropriate determination in writing, and provide notice to the applicant of such determination. In order to make a determination on an application, the Office of Victim Services may administer oaths or affirmations, may subpoena any witness to appear or may issue a subpoena duces tecum, provided no subpoena shall be issued except under the signature of a victim compensation commissioner. Any application to any court for aid in enforcing such subpoena may be made in the name of the Office of Victim Services only by a victim compensation commissioner. Subpoenas shall be served by any person designated by a victim compensation commissioner.
(b) An applicant may request that a determination made pursuant to subsection (a) of this section be reviewed by a victim compensation commissioner by filing a request for review with the Office of Victim Services, on a form prescribed by the Office of the Chief Court Administrator, within thirty days from mailing of the notice of such determination.
(c) For the purposes of carrying out the provisions of sections 54-201 to [54-233] 54-218, inclusive, as amended by this act, a victim compensation commissioner shall hear any request for review filed by an applicant pursuant to sections 54-201 to [54-233] 54-218, inclusive, as amended by this act, to which such commissioner is assigned and shall make a written determination on such application for compensation. A victim compensation commissioner shall hold such hearings and take such testimony as such commissioner [may deem] deems advisable. A commissioner may administer oaths or affirmations to witnesses and shall have full power to subpoena any witness to appear and give testimony or to issue a subpoena duces tecum. Subpoenas shall be served by any person designated by a victim compensation commissioner.
(d) No [witness] person under subpoena authorized to be issued [by the provisions of] under this section shall be excused from testifying or from producing records, papers or documents. If any person disobeys such process or, having appeared in obedience [thereto] to such process, refuses to answer any pertinent question put to [him] such person by the victim compensation commissioner or to produce any records, papers or documents and appears pursuant thereto, said commissioner may apply to the superior court for the judicial district of Hartford [,] setting forth such disobedience to process or refusal to answer. The court shall cite such person to appear before [said] the court to answer such question or to produce such records, papers or documents or to show cause why a question put to [him] such person should not be answered or why such records, papers or documents should not be produced. Upon such person's refusal to answer or produce records, papers or documents or to show cause, the court may commit such person to a community correctional center until such person complies, but not for a longer period than sixty days. Notwithstanding any such commitment of such person, the victim compensation commissioner may proceed with the hearing as if such [witness] person had testified adversely regarding [his] such person's interest in the proceeding.
(e) The applicant and any other person having a substantial interest in a proceeding may appear before the victim compensation commissioner and be heard, produce evidence and cross-examine witnesses in person or by [his] such applicant's or other person's attorney. The victim compensation commissioner also may hear such other persons as in the commissioner's judgment may have relevant evidence to submit.
(f) Any statement, document, information or matter may be considered by the Office of Victim Services or, on review, by a victim compensation commissioner, if in the opinion of said office or commissioner, it contributes to a determination of the claim, whether or not the same would be admissible in a court of law.
(g) If any person has been convicted of any [offense] crime with respect to an act on which a claim under sections 54-201 to [54-233] 54-218, inclusive, as amended by this act, is based, proof of that conviction shall be taken as conclusive evidence that the [offense] crime has been committed by such person, unless an appeal or any proceeding with regard [thereto] to the conviction is pending.
Sec. 7. Section 54-206 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
The Office of Victim Services or, on review, a victim compensation commissioner may, as part of any order entered under sections 54-201 to [54-233] 54-218, inclusive, as amended by this act, determine and allow reasonable attorney's fees, which shall not exceed fifteen per cent of the amount awarded as compensation under section 54-208, as amended by this act, to be paid out of but not in addition to the amount of such compensation. No [such] attorney shall ask for, contract for or receive any larger sum than the amount so allowed under this section.
Sec. 8. Section 54-207a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
The Office of the Chief Court Administrator shall prescribe such policies and procedures, as deemed necessary, to implement the provisions of [sections 54-201 to 54-233, inclusive] this chapter, and may formulate standards for the uniform application of the payment of compensation of claims under sections 54-201 to 54-218, inclusive, as amended by this act.
Sec. 9. Section 54-208 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(a) If a person is injured or killed as [provided] described in section 54-209, as amended by this act, the Office of Victim Services or, on review, a victim compensation commissioner may order the payment of compensation in accordance with the provisions of sections 54-201 to [54-233] 54-218, inclusive, as amended by this act: (1) To or for the benefit of the injured person; (2) in the case of [personal] injury of the victim, to any person responsible for the maintenance of the victim who has suffered pecuniary loss as a result of such injury; or (3) in the case of death of the victim, to or for the benefit of any one or more of the dependents of the victim, including any dependent child of a homicide victim who was killed by the other parent, or to any person who has suffered pecuniary loss, including, but not limited to, funeral expenses, as a result of such death.
(b) For the purposes of sections 54-201 to [54-233] 54-218, inclusive, as amended by this act, a person shall be deemed to have intended an act notwithstanding that, by reason of age, insanity, drunkenness or otherwise, [he] such person was legally incapable of forming a criminal intent.
(c) In determining whether to make an order under this section, the Office of Victim Services or, on review, a victim compensation commissioner, shall consider all circumstances determined to be relevant, including, but not limited to, provocation, consent or any other behavior of the victim which directly or indirectly contributed to such victim's injury or death, the extent of the victim's cooperation in investigating the application and the extent of the victim's cooperation with law enforcement agencies in their efforts to apprehend and prosecute the offender, and any other relevant matters.
(d) An order may be made under this section whether or not any person is prosecuted or convicted of any [offense] crime arising out of such act. Upon application made by an appropriate prosecuting authority, the Office of Victim Services or a victim compensation commissioner may suspend making any determination or any proceedings, as the case may be, under sections 54-201 to [54-233] 54-218, inclusive, as amended by this act, for such period as [it] the office or commissioner deems appropriate on the ground that a prosecution for [an offense] a crime arising out of such act [or omission] has been commenced or is imminent.
(e) In determining the amount of compensation to be allowed, the Office of Victim Services or, on review, a victim compensation commissioner shall take into consideration amounts that the applicant has received or is eligible to receive from any other source or sources, including, but not limited to, payments from state and municipal agencies, insurance benefits [,] and workers' compensation awards, as a result of the [incident or offense] crime giving rise to the application.
(f) Payments shall be made in a manner to be determined by the Office of Victim Services, including, but not limited to, lump sum or periodic payments. If an award is not claimed by the applicant within forty-five days after notice of the award, the Office of Victim Services may vacate such award or may order payments from such award to health care providers or victim service providers and vacate any remaining amount of such award.
Sec. 10. Section 54-209 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(a) The Office of Victim Services or, on review, a victim compensation commissioner may order the payment of compensation to any victim in accordance with the provisions of sections 54-201 to [54-233] 54-218, inclusive, as amended by this act. [for personal injury or death which resulted from: (1) An attempt to prevent the commission of crime or to apprehend a suspected criminal or in aiding or attempting to aid a police officer so to do, (2) the commission or attempt to commit by another of any crime as provided in section 53a-24, (3) any crime involving international terrorism as defined in Section 2331 of Title 18 of the United States Code.]
(b) The Office of Victim Services or, on review, a victim compensation commissioner may also order the payment of compensation in accordance with the provisions of sections 54-201 to [54-233] 54-218, inclusive, as amended by this act, for [personal] injury or death that resulted from the operation of a motor vehicle by another person who was subsequently convicted with respect to such operation for a violation of subsection (a) or (b) of section 14-224 or section 14-225, 14-227a, 53a-56b or 53a-60d. In the absence of a conviction, the Office of Victim Services or, on review, a victim compensation commissioner may order payment of compensation under this section if, upon consideration of all circumstances determined to be relevant, the office or commissioner, as the case may be, reasonably concludes that another person has operated a motor vehicle in violation of subsection (a) or (b) of section 14-224 or section 14-225, 14-227a, 53a-56b or 53a-60d.
(c) Except as provided in subsection (b) of this section, no act involving the operation of a motor vehicle which results in injury shall constitute a crime for the purposes of sections 54-201 to [54-233] 54-218, inclusive, as amended by this act, unless the injuries were intentionally inflicted through the [use] operation of the vehicle.
(d) [In instances where] If a violation of section 53-21, 53a-70, 53a-70a, 53a-70b, 53a-70c, 53a-71, 53a-72a, 53a-72b or 53a-73a has been alleged, the Office of Victim Services or, on review, a victim compensation commissioner may order compensation be paid if: (1) [the personal] The injury has been disclosed to: (A) A physician or surgeon licensed under chapter 370; (B) a resident physician or intern in any hospital in this state, whether or not licensed; (C) a physician assistant licensed under chapter 370; (D) an advanced practice registered nurse, registered nurse or practical nurse licensed under chapter 378; (E) a psychologist licensed under chapter 383; (F) a police officer; (G) a mental health professional; (H) an emergency medical services provider licensed or certified under chapter 368d; (I) an alcohol and drug counselor licensed or certified under chapter 376b; (J) a marital and family therapist licensed under chapter 383a; (K) a sexual assault counselor or battered women's counselor as defined in section 52-146k; (L) a professional counselor licensed under chapter 383c; (M) a clinical social worker licensed under chapter 383b; or (N) an employee of the Department of Children and Families; and (2) the office or commissioner, as the case may be, reasonably concludes that a violation of any of said sections has occurred.
(e) Evidence of an order for the payment of compensation by the Office of Victim Services or a victim compensation commissioner in accordance with the provisions of sections 54-201 to [54-233] 54-218, inclusive, as amended by this act, shall not be admissible in any civil proceeding to prove the liability of any person for such [personal] injury or death or in any criminal proceeding to prove the guilt or innocence of any person for any crime.
Sec. 11. Section 54-210 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(a) The Office of Victim Services or, on review, a victim compensation commissioner may order the payment of compensation under sections 54-201 to [54-233] 54-218, inclusive, as amended by this act, for: (1) Expenses actually and reasonably incurred as a result of the [personal] injury or death of the victim, provided coverage for the cost of medical care and treatment of a crime victim who does not have medical insurance or who has exhausted coverage under applicable health insurance policies or Medicaid shall be ordered; (2) loss of earning power as a result of total or partial incapacity of [such] an injured victim; (3) pecuniary loss to the spouse or dependents of [the] a deceased victim, provided the family qualifies for compensation as a result of [murder or manslaughter] homicide of the victim; (4) pecuniary loss to an injured victim or the relatives or dependents of a deceased victim [for] resulting from their attendance at court proceedings with respect to the criminal case of the person or persons charged with committing the crime that resulted in the injury or death of the victim; [and] (5) loss of wages by any parent or guardian of a deceased victim who is a minor, provided the total amount paid under this subdivision shall not exceed five thousand dollars; and (6) any other loss, except as set forth in section 54-211, as amended by this act, resulting from the [personal] injury or death of [the] a victim which the Office of Victim Services or a victim compensation commissioner, as the case may be, determines to be reasonable.
(b) Payment of compensation under sections 54-201 to [54-233] 54-218, inclusive, as amended by this act, may be made to a person who is a recipient of public assistance or state-administered general assistance for necessary and reasonable expenses related to injuries resulting from a crime and not provided for by the [income] assistance program in which such person is a participant. Unless required by federal law, no such payment shall be considered an asset for [purposes] the purpose of determining eligibility for such assistance.
Sec. 12. Section 54-211 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(a) (1) No order for the payment of compensation shall be made under section 54-210, as amended by this act, unless (A) the application has been made within two years after the date of the [personal] injury or death, (B) the [personal] injury or death was the result of [an incident or offense] a crime listed in subsection (b) of section 54-209, as amended by this act, and (C) such [incident or offense] crime has been reported to the police within five days of its occurrence or, if the [incident or offense] crime could not reasonably have been reported within such period, within five days of the time when a report could reasonably have been made, except [that a victim of a sexual assault shall not be ineligible for the payment of compensation by reason of failing to make a report pursuant to this subparagraph if such victim presented himself or herself to a health care facility within seventy-two hours of such sexual assault for examination and collection of evidence of such sexual assault in accordance with the provisions of section 19a-112a] as provided in subsection (d) of section 54-209, as amended by this act.
(2) Notwithstanding the provisions of subdivision (1) of this subsection, any person who, before, on or after October 1, 2005, fails to make application for compensation within two years after the date of the [personal] injury or death as a result of physical [, emotional] or psychological injuries or emotional harm caused by [such personal] the injury or death may apply for a waiver of such time limitation. The Office of Victim Services, upon a finding of such physical, emotional or psychological injury, may grant such waiver.
(3) Notwithstanding the provisions of subdivision (1) of this subsection, any minor who, before, on or after October 1, 2005, fails to make application for compensation within two years after the date of the [personal] injury or death through no fault of the minor, may apply for a waiver of such time limitation. The Office of Victim Services, upon a finding that such minor is not at fault for such failure to make application, may grant such waiver.
(4) Notwithstanding the provisions of subdivision (1) of this subsection, a person who is a dependent of a victim may make application for payment of compensation not later than two years from the date that such person discovers or in the exercise of reasonable care should have discovered that the person upon whom the applicant was dependent was a victim or ninety days after May 26, 2000, whichever is later. Such person shall file with such application a statement signed under penalty of false statement setting forth the date when such person discovered that the person upon whom the applicant was dependent was a victim and the circumstances that prevented such person discovering that the person upon whom the applicant was dependent was a victim until more than two years after the date of the [incident or offense] crime. There shall be a rebuttable presumption that a person who files such a statement and is otherwise eligible for compensation pursuant to sections 54-201 to [54-233] 54-218, inclusive, as amended by this act, is entitled to compensation.
(5) Any waiver denied by the Office of Victim Services under this subsection may be reviewed by a victim compensation commissioner, provided such request for review is made by the applicant within thirty days from the mailing of the notice of denial by the Office of Victim Services. If a victim compensation commissioner grants such waiver, the commissioner shall refer the application for compensation to the Office of Victim Services for a determination pursuant to section 54-205, as amended by this act.
(6) Notwithstanding the provisions of [subdivision] subdivisions (1), (2) [or] and (3) of this subsection, the Office of Victim Services may, for good cause shown and upon a finding of compelling equitable circumstances, waive the time limitations of subdivision (1) of this subsection.
(b) No compensation shall be awarded if: (1) The offender is unjustly enriched by the award, provided compensation awarded to a victim which would benefit the offender in a minimal or inconsequential manner shall not be considered unjust enrichment; or (2) the victim [violated a penal law] committed a crime under the laws of this state, which [violation] crime caused or contributed to [his] the victim's injuries or death.
(c) No compensation shall be awarded for losses sustained for crimes against property or for noneconomic [detriment] damages such as pain and suffering, except for emotional harm.
(d) (1) No compensation shall be in an amount in excess of fifteen thousand dollars, except that compensation to or for the benefit of the dependents of a homicide victim shall be in an amount not to exceed twenty-five thousand dollars. The claims of the dependents of a deceased victim, as provided in section 54-208, as amended by this act, shall be considered derivative of the claim of such victim and the total compensation paid for all claims arising from the death of such victim shall not exceed a maximum of twenty-five thousand dollars.
(2) Notwithstanding the provisions of subdivision (1) of this subsection, the Office of Victim Services or, on review, a victim compensation commissioner may, for good cause shown and upon a finding of compelling equitable circumstances, award compensation in an amount in excess of the maximum amounts set forth in said subdivision.
(e) Orders for payment of compensation pursuant to sections 54-201 to [54-233] 54-218, inclusive, as amended by this act, may be made only as to injuries or death resulting from [incidents or offenses] crimes arising on and after January 1, 1979, except that orders for payment of compensation pursuant to subsection (b) of section 54-209, as amended by this act, may be made only as to injuries or death resulting from [incidents or offenses arising on and] crimes occurring on or after July 1, 1985.
(f) Compensation shall be awarded pursuant to sections 54-201 to [54-233] 54-218, inclusive, as amended by this act, for [bodily] injury or death resulting from a crime which occurs (1) within this state, regardless of the residency of the applicant; (2) outside of this state but within the territorial boundaries of the United States, provided the victim, at the time of injury or death, was a resident of this state and the state in which such crime occurred does not have a program for compensation of victims for which such victim is eligible; and (3) outside the territorial boundaries of the United States, provided the applicant is a victim of international terrorism, as defined in [Section 2331 of Title 18 of the United States Code] 18 USC 2331, as amended from time to time, and was a resident of this state at the time of the injury or death.
Sec. 13. Section 54-212 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(a) Whenever an order for the payment of compensation for [personal] injury, [or] death or [for] the provision of [restitution] services is or has been made under sections 54-201 to [54-233] 54-218, inclusive, as amended by this act, the Office of Victim Services shall, upon payment of the amount [of the order] ordered or the provision of such services, be subrogated to the cause of action of the applicant against the person or persons responsible for such injury or death. The Attorney General, on behalf of the Office of Victim Services, shall be entitled to bring an action and, if the Attorney General declines to [do so] bring an action, the office may hire a private attorney to bring an action against such person or persons and to recover, whether by judgment, settlement or compromise settlement before or after judgment, the amount of damages sustained by the applicant and shall furnish the applicant with a copy of the action taken [within thirty days of] not later than thirty days after the filing of such action. If an amount greater than two-thirds of that paid pursuant to any such order is recovered and collected in any such action, whether by judgment, settlement or compromise settlement before or after judgment, the state shall pay the balance exceeding two-thirds of the amount paid pursuant to such order to the applicant less any costs and expenses incurred therefor.
(b) If the applicant brings an action against the person or persons responsible for such injury or death to recover damages arising out of the crime for which an award has been granted, or, if the applicant recovers money from any other source or sources including, but not limited to, payments from state or municipal agencies, insurance benefits or workers' compensation awards as a result of the [incident or offense] crime giving rise to the application, the Office of Victim Services shall have a lien on the applicant's recovery for the amount to which the office is entitled to reimbursement. If [an action is brought by] the applicant brings an action against the person or persons responsible for [the] such injury or death, the applicant shall notify the Office of Victim Services of the filing of such complaint [within thirty days of] not later than thirty days after the filing of the complaint in court. Whenever an applicant recovers damages, whether by judgment, settlement or compromise settlement before or after judgment, from the person or persons responsible for such injury or death, and whenever an applicant recovers money from any other source or sources including, but not limited to, payments from state or municipal agencies, insurance benefits or workers' compensation awards as a result of the [incident or offense] crime giving rise to the application, the Office of Victim Services is entitled to reimbursement from the applicant for two-thirds of the amount paid pursuant to any order for the payment of compensation for [personal] injury or death or for the provision of [restitution] services.
(c) Notwithstanding the provisions of subsection (a) of this section, if the Office of Victim Services finds that enforcement of its subrogation rights would cause undue harm to the applicant, the office may abrogate such rights. Notwithstanding the provisions of subsection (b) of this section, if the Office of Victim Services finds that enforcement of its lien rights would cause undue harm to the applicant, the office may abrogate such rights. "Undue harm" includes, but is not limited to, considerations of victim safety and recovery by the applicant of an amount that is less than the applicant's compensable economic losses.
Sec. 14. Subsection (a) of section 54-215 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(a) The Office of Victim Services shall establish a Criminal Injuries Compensation Fund for the purpose of funding the compensation and [restitution] services provided for by sections 54-201 to [54-233] 54-218, inclusive, as amended by this act. The fund may contain any moneys required by law to be deposited in the fund and shall be held by the Treasurer separate and apart from all other moneys, funds and accounts. The interest derived from the investment of the fund shall be credited to the fund. Amounts in the fund may be expended only pursuant to appropriation by the General Assembly, except that any recovery from the person or persons responsible for the injury or death or any reimbursement from the applicant received by the Office of Victim Services pursuant to section 54-212, as amended by this act, and deposited in the fund may be expended in the subsequent fiscal year. Any balance remaining in the fund at the end of any fiscal year shall be carried forward in the fund for the fiscal year next succeeding.
Sec. 15. Section 54-216 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(a) The Office of Victim Services or, on review, a victim compensation commissioner may order that services be provided for [the restitution of] any person eligible for such services in accordance with the provisions of sections 54-201 to [54-233] 54-218, inclusive, as amended by this act. [Such services may include but shall not be limited to medical, psychiatric, psychological and social services and social rehabilitation services.]
(b) The Office of Victim Services or, on review, a victim compensation commissioner may order that such [restitution] services be provided to: [victims] (1) Victims of child abuse and [members of their families] their relatives, (2) victims of sexual assault and [members of their families] their relatives, (3) victims of domestic violence and [members of their families] their relatives, [members of the family] (4) the relatives of any victim of a homicide, [and] (5) children who witness [domestic] a homicide resulting from domestic violence, including, but not limited to, children who are not related to the victim, (6) victims of domestic terrorism, and (7) witnesses to domestic terrorism. [For the purposes of this subsection, "members of their families" or "member of the family" does not include the person responsible for such child abuse, sexual assault, domestic violence or homicide.]
(c) The Office of Victim Services may contract with any public or private agency for any services ordered under this section.
Sec. 16. Section 54-220 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(a) Victim advocates shall have the following responsibilities and duties: (1) To provide initial screening of each [personal injury] case; (2) to assist victims in the preparation of victim impact statements to be placed in court files; (3) to notify victims of their rights and request that each victim so notified attest to the fact of such notification of rights on a form developed by the Office of the Chief Court Administrator, which form shall be signed by the victim advocate and the victim and be placed in court files and a copy of which form shall be provided to the victim; (4) to provide information and advice to victims in order to assist such victims in exercising their rights throughout the criminal justice process; (5) to direct victims to public and private agencies for [service] services; (6) to coordinate [victim] victims' applications to the Office of Victim Services; and (7) to assist victims in the processing of claims for restitution.
(b) Within available appropriations, the Office of Victim Services may contract with any public or private agency for victim advocate services in geographical area courts.
Sec. 17. (NEW) (Effective October 1, 2013) On and after October 1, 2013, if the costs of any services to be provided to a victim under sections 54-201 to 54-218, inclusive, of the general statutes, as amended by this act, are eligible for funding under the federal Antiterrorism and Emergency Assistance Program, such services shall be provided only to the extent that such funding is received by the state.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2013 54-201
Sec. 2 October 1, 2013 54-202(a)
Sec. 3 October 1, 2013 54-203(b)(1) to (7)
Sec. 4 October 1, 2013 54-203(b)(15) to (18)
Sec. 5 October 1, 2013 54-204
Sec. 6 October 1, 2013 54-205
Sec. 7 October 1, 2013 54-206
Sec. 8 October 1, 2013 54-207a
Sec. 9 October 1, 2013 54-208
Sec. 10 October 1, 2013 54-209
Sec. 11 October 1, 2013 54-210
Sec. 12 October 1, 2013 54-211
Sec. 13 October 1, 2013 54-212
Sec. 14 October 1, 2013 54-215(a)
Sec. 15 October 1, 2013 54-216
Sec. 16 October 1, 2013 54-220
Sec. 17 October 1, 2013 New section
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2013
54-201
Sec. 2
October 1, 2013
54-202(a)
Sec. 3
October 1, 2013
54-203(b)(1) to (7)
Sec. 4
October 1, 2013
54-203(b)(15) to (18)
Sec. 5
October 1, 2013
54-204
Sec. 6
October 1, 2013
54-205
Sec. 7
October 1, 2013
54-206
Sec. 8
October 1, 2013
54-207a
Sec. 9
October 1, 2013
54-208
Sec. 10
October 1, 2013
54-209
Sec. 11
October 1, 2013
54-210
Sec. 12
October 1, 2013
54-211
Sec. 13
October 1, 2013
54-212
Sec. 14
October 1, 2013
54-215(a)
Sec. 15
October 1, 2013
54-216
Sec. 16
October 1, 2013
54-220
Sec. 17
October 1, 2013
New section
APP Joint Favorable Subst.
APP
Joint Favorable Subst.