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| 4 | 4 | | |
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| 5 | 5 | | 2023 -- S 0887 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC002650 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO CRIMINAL PROCEDURE - CRIMINAL INJURIES COMPENSATION |
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| 16 | 16 | | Introduced By: Senators Sosnowski, Miller, Valverde, and Kallman |
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| 17 | 17 | | Date Introduced: March 30, 2023 |
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| 18 | 18 | | Referred To: Senate Judiciary |
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| 19 | 19 | | |
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| 20 | 20 | | |
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| 21 | 21 | | It is enacted by the General Assembly as follows: |
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| 22 | 22 | | SECTION 1. Sections 12-25-17, 12-25-21.1, 12-25-22 and 12-25-28 of the General Laws 1 |
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| 23 | 23 | | in Chapter 12-25 entitled "Criminal Injuries Compensation" are hereby amended to read as follows: 2 |
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| 24 | 24 | | 12-25-17. Definitions. 3 |
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| 25 | 25 | | As used in this chapter: 4 |
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| 26 | 26 | | (1) “Administrator” means the program administrator of this chapter. 5 |
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| 27 | 27 | | (2) “Child” means an unmarried person who is under eighteen (18) years of age and 6 |
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| 28 | 28 | | includes a stepchild or an adopted child. 7 |
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| 29 | 29 | | (3) “Court” means the superior court. 8 |
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| 30 | 30 | | (4) “Dependent” means a person wholly or partially dependent upon the income of the 9 |
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| 31 | 31 | | victim at the time of his or her death or would have been so dependent but for the incapacity due 10 |
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| 32 | 32 | | to the injury from which the death resulted. The term includes a child of the victim born after the 11 |
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| 33 | 33 | | death of the victim. 12 |
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| 34 | 34 | | (5) "Medical forensic examination" means an examination of a sexual assault victim by a 13 |
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| 35 | 35 | | health care provider, who has specialized education and clinical experience in the collection of 14 |
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| 36 | 36 | | forensic evidence and treatment of these victims, which includes: 15 |
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| 37 | 37 | | (i) Gathering information from the victim for the medical forensic history; 16 |
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| 38 | 38 | | (ii) An examination; 17 |
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| 39 | 39 | | (iii) Documentation of biological and physical findings, and collection of evidence from 18 |
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| 40 | 40 | | the patient; and 19 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC002650 - Page 2 of 6 |
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| 44 | 44 | | (iv) Documentation of findings. 1 |
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| 45 | 45 | | (5)(6) “Office” means the office of the general treasurer. 2 |
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| 46 | 46 | | (6)(7) “Pecuniary loss” includes: 3 |
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| 47 | 47 | | (i) For personal injury: 4 |
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| 48 | 48 | | (A) Medical expenses (including psychiatric care) for which the victim is not compensated 5 |
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| 49 | 49 | | by any other source; 6 |
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| 50 | 50 | | (B) Hospital expenses for which the victim is not compensated by any other source; 7 |
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| 51 | 51 | | (C) Loss of past earnings for which the victim is not compensated by any other source; 8 |
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| 52 | 52 | | (D) Loss of future earnings because of a disability resulting from the personal injury for 9 |
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| 53 | 53 | | which the victim is not compensated by any other source; and 10 |
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| 54 | 54 | | (E) Direct expenses related to the delivery or obtainment of medical or counseling services, 11 |
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| 55 | 55 | | or participation in criminal justice proceedings. 12 |
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| 56 | 56 | | (ii) For death: 13 |
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| 57 | 57 | | (A) Funeral and burial expenses for which the victim’s estate is not compensated by any 14 |
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| 58 | 58 | | other source; 15 |
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| 59 | 59 | | (B) Loss of support to the dependents of the victim for which the dependents are not 16 |
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| 60 | 60 | | compensated by any other source; and 17 |
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| 61 | 61 | | (C) Direct expenses related to the participation in funeral services, counseling, or criminal 18 |
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| 62 | 62 | | justice proceedings. 19 |
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| 63 | 63 | | (iii) Any other expenses actually and necessarily incurred as a result of the personal injury 20 |
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| 64 | 64 | | or death for which the victim or his or her estate is not compensated by any other source, but it does 21 |
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| 65 | 65 | | not include property damage. 22 |
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| 66 | 66 | | (7)(8) “Personal injury” means actual bodily harm, mental or nervous shock, and a 23 |
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| 67 | 67 | | pregnancy resulting from sexual attack. 24 |
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| 68 | 68 | | (8)(9) “Relative” means a spouse, parent, grandparent, stepfather, stepmother, child, 25 |
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| 69 | 69 | | grandchild, brother, sister, half-brother, half-sister, and a spouse’s parents. 26 |
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| 70 | 70 | | (9)(10) “Resident” means any person who has his or her residence within the state of Rhode 27 |
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| 71 | 71 | | Island. 28 |
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| 72 | 72 | | (10)(11) “Secondary victim” means a child who suffers an emotional injury as a direct 29 |
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| 73 | 73 | | result of witnessing a homicide or incident of domestic violence. 30 |
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| 74 | 74 | | (11)(12) “State” includes the District of Columbia, the fifty (50) states, and the United 31 |
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| 75 | 75 | | States’ territories and possessions. 32 |
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| 76 | 76 | | (12)(13) “Treasurer” means the general treasurer of the state of Rhode Island or his or her 33 |
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| 77 | 77 | | designee. 34 |
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| 78 | 78 | | |
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| 79 | 79 | | |
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| 80 | 80 | | LC002650 - Page 3 of 6 |
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| 81 | 81 | | (13)(14) “Victim” means a person who is injured or killed by any act of a person or persons 1 |
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| 82 | 82 | | that is within the description of any of the offenses specified in § 12-25-20 and which act occurs in 2 |
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| 83 | 83 | | the state of Rhode Island. “Victim” also means a resident of the state of Rhode Island who is a 3 |
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| 84 | 84 | | victim of an act of terrorism as defined in 18 U.S.C. § 2331 occurring outside the United States or 4 |
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| 85 | 85 | | within the United States as referred to in 34 U.S.C. § 20105. 5 |
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| 86 | 86 | | (14)(15) “1972 Act” means the Criminal Injuries Compensation Act of 1972, established 6 |
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| 87 | 87 | | pursuant to former §§ 12-25-1 — 12-25-12.1. 7 |
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| 88 | 88 | | (15)(16) “1996 Act” means the Criminal Injuries Compensation Act of 1996, established 8 |
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| 89 | 89 | | pursuant to §§ 12-25-16 — 12-25-31. 9 |
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| 90 | 90 | | 12-25-21.1. Emergency fund for victims. 10 |
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| 91 | 91 | | (a) The office may award emergency compensation under this chapter for the: (1) Burial 11 |
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| 92 | 92 | | expenses of a victim who dies as a direct result of a violent crime as defined in this chapter; (2) 12 |
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| 93 | 93 | | Cost of the crime scene clean up; and (3) Relocation expenses; and (4) expenses associated with 13 |
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| 94 | 94 | | reasonable modifications to the victim's residence necessary to ensure the victim's safety. 14 |
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| 95 | 95 | | (b) The award for emergency compensation shall be awarded at the sole discretion of the 15 |
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| 96 | 96 | | program administrator. The administrator may promulgate rules and regulations to administer the 16 |
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| 97 | 97 | | provisions of this section. 17 |
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| 98 | 98 | | (c) An award for emergency compensation for burial expenses shall not exceed the sum of 18 |
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| 99 | 99 | | ten thousand dollars ($10,000). 19 |
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| 100 | 100 | | (d) An award for emergency compensation for crime scene clean up shall not exceed two 20 |
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| 101 | 101 | | thousand dollars ($2,000). 21 |
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| 102 | 102 | | (e) An award for emergency compensation for relocation costs shall not exceed five 22 |
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| 103 | 103 | | thousand dollars ($5,000). 23 |
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| 104 | 104 | | (f) An award for expenses associated with reasonable modifications to the victim's 24 |
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| 105 | 105 | | residence necessary to ensure the victim's safety shall not exceed one thousand dollars ($1,000) and 25 |
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| 106 | 106 | | shall not be awarded in addition to an award for emergency compensation for relocation costs. 26 |
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| 107 | 107 | | (f)(g) The award for emergency compensation for burial expenses, crime scene clean up, 27 |
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| 108 | 108 | | and relocation costs shall be deducted from the final award. In the event the victim is not eligible 28 |
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| 109 | 109 | | for an award, the victim shall repay the amount of the emergency award to the fund. 29 |
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| 110 | 110 | | (g)(h) Any payments made for the emergency compensation shall be deducted from the 30 |
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| 111 | 111 | | final award. In no event shall the final award exceed the maximum award of twenty-five thousand 31 |
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| 112 | 112 | | dollars ($25,000). 32 |
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| 113 | 113 | | 12-25-22. Limitations upon awarding compensation. 33 |
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| 114 | 114 | | (a) Actions for compensation under this chapter shall be commenced within three (3) years 34 |
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| 115 | 115 | | |
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| 116 | 116 | | |
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| 117 | 117 | | LC002650 - Page 4 of 6 |
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| 118 | 118 | | after the date of the injury or death, and no compensation shall be awarded for an injury or death 1 |
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| 119 | 119 | | resulting from a crime that was not reported to the appropriate law enforcement authority within 2 |
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| 120 | 120 | | fifteen (15) days of its occurrence; provided, that the office shall have the authority to allow a claim 3 |
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| 121 | 121 | | that was not reported pursuant to this section when a victim of a sexual offense or rape receives a 4 |
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| 122 | 122 | | medical forensic examination within fifteen (15) days of the crime, when the victim or secondary 5 |
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| 123 | 123 | | victim was below the age of eighteen (18) years of age, or of unsound mind, or for good cause 6 |
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| 124 | 124 | | shown. 7 |
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| 125 | 125 | | (b) No compensation shall be awarded under this chapter to the victim, or in the case of 8 |
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| 126 | 126 | | death to dependent relatives or to the legal representative, in a total amount in excess of twenty-9 |
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| 127 | 127 | | five thousand dollars ($25,000) plus any attorney fees awarded upon appeal to the treasurer or to 10 |
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| 128 | 128 | | the superior court pursuant to § 12-25-25. 11 |
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| 129 | 129 | | (c) No compensation shall be awarded under this chapter to a secondary victim in a total 12 |
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| 130 | 130 | | amount in excess of one thousand five hundred dollars ($1,500). 13 |
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| 131 | 131 | | (d) No compensation shall be awarded when the office, in its discretion, determines that 14 |
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| 132 | 132 | | unjust enrichment to or on behalf of the offender would result. Compensation under this chapter 15 |
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| 133 | 133 | | shall not be awarded to any victim or dependent relative or legal representative if the award would 16 |
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| 134 | 134 | | directly or indirectly inure to the benefit of the offender. 17 |
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| 135 | 135 | | (e) No interest shall be included in or added to an award of compensation under this 18 |
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| 136 | 136 | | chapter. 19 |
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| 137 | 137 | | (f) When the plaintiff is the victim’s estate, it shall only be awarded compensation for the 20 |
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| 138 | 138 | | victim’s actual medical, hospital, funeral, and burial expenses for which the victim or his or her 21 |
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| 139 | 139 | | estate is not compensated by any other source and for the loss of support to the dependents of the 22 |
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| 140 | 140 | | victim. 23 |
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| 141 | 141 | | 12-25-28. Special indemnity account for criminal injuries compensation. 24 |
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| 142 | 142 | | (a) It is provided that the general treasurer establish a violent crimes indemnity account 25 |
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| 143 | 143 | | within the general fund for the purpose of paying awards granted pursuant to this chapter. The court 26 |
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| 144 | 144 | | shall assess as court costs in addition to those provided by law, against all defendants charged with 27 |
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| 145 | 145 | | a felony, misdemeanor, or petty misdemeanor, or traffic violation, whether or not the crime was a 28 |
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| 146 | 146 | | crime of violence, and who plead nolo contendere, guilty or who are found guilty of the commission 29 |
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| 147 | 147 | | of those crimes as follows: 30 |
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| 148 | 148 | | (1) Where the offense charged is a felony and carries a maximum penalty of five (5) or 31 |
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| 149 | 149 | | more years imprisonment, one hundred and fifty dollars ($150) or fifteen percent (15%) of any fine 32 |
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| 150 | 150 | | imposed on the defendant by the court, whichever is greater. 33 |
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| 151 | 151 | | (2) Where the offense charged is a felony and carries a maximum penalty of less than five 34 |
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| 152 | 152 | | |
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| 153 | 153 | | |
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| 154 | 154 | | LC002650 - Page 5 of 6 |
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| 155 | 155 | | (5) years imprisonment, ninety dollars ($90.00) or fifteen percent (15%) of any fine imposed on 1 |
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| 156 | 156 | | the defendant by the court, whichever is greater. 2 |
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| 157 | 157 | | (3) Where the offense charged is a misdemeanor, thirty dollars ($30.00) or fifteen percent 3 |
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| 158 | 158 | | (15%) of any fine imposed on the defendant by the court, whichever is greater. 4 |
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| 159 | 159 | | (4) Where the offense charged is a civil or criminal traffic violation, two dollars ($2.00) of 5 |
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| 160 | 160 | | any fine imposed on the defendant per charged offense, exclusive of fines imposed for violations 6 |
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| 161 | 161 | | relating to parking of vehicles. The clerks of courts for each municipality shall collect any fine 7 |
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| 162 | 162 | | levied under this subsection and shall transmit the collected surcharges within thirty (30) days to 8 |
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| 163 | 163 | | the crime victims' compensation fund. 9 |
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| 164 | 164 | | (b) These costs shall be assessed whether or not the defendant is sentenced to prison and 10 |
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| 165 | 165 | | in no case shall they be waived by the court unless the court finds an inability to pay. 11 |
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| 166 | 166 | | (c) When there are multiple counts or multiple charges to be disposed of simultaneously, 12 |
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| 167 | 167 | | the judge shall have the authority to suspend the obligation of the defendant to pay on all counts or 13 |
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| 168 | 168 | | charges above two (2). 14 |
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| 169 | 169 | | (d) Up to fifteen percent (15%) of the state funds raised under this section, as well as federal 15 |
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| 170 | 170 | | matching funds, shall be available to pay administrative expenses necessary to operate this 16 |
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| 171 | 171 | | program. Federal funds for this purpose shall not supplant currently available state funds, as 17 |
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| 172 | 172 | | required by federal law. 18 |
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| 173 | 173 | | SECTION 2. This act shall take effect one year after passage. 19 |
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| 174 | 174 | | ======== |
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| 175 | 175 | | LC002650 |
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| 176 | 176 | | ======== |
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| 177 | 177 | | |
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| 178 | 178 | | |
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| 179 | 179 | | LC002650 - Page 6 of 6 |
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| 180 | 180 | | EXPLANATION |
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| 181 | 181 | | BY THE LEGISLATIVE COUNCIL |
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| 182 | 182 | | OF |
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| 183 | 183 | | A N A C T |
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| 184 | 184 | | RELATING TO CRIMINAL PROCEDURE - CRIMINAL INJURIES COMPENSATION |
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| 185 | 185 | | *** |
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| 186 | 186 | | This act would fund the state crime victims compensation program through an additional 1 |
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| 187 | 187 | | two dollar ($2.00) fine on traffic violations, exclusive of violations related to the parking of 2 |
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| 188 | 188 | | vehicles. The act would also permit victims to use program funds to make reasonable modifications 3 |
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| 189 | 189 | | to their residence to ensure victim safety and would permit a medical forensic examination to stand 4 |
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| 190 | 190 | | in the place of a police report for purposes of determining program eligibility. 5 |
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| 191 | 191 | | This act would take effect one year after passage. 6 |
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| 192 | 192 | | ======== |
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| 193 | 193 | | LC002650 |
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| 194 | 194 | | ======== |
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| 195 | 195 | | |
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