| 1 | 1 | | 25.649.9 100th Legislative Session 96 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | 2025 South Dakota Legislature |
|---|
| 5 | 5 | | Senate Bill 96 |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | |
|---|
| 8 | 8 | | |
|---|
| 9 | 9 | | |
|---|
| 10 | 10 | | |
|---|
| 11 | 11 | | |
|---|
| 12 | 12 | | Introduced by: Senator Davis |
|---|
| 13 | 13 | | |
|---|
| 14 | 14 | | Underscores indicate new language. |
|---|
| 15 | 15 | | Overstrikes indicate deleted language. |
|---|
| 16 | 16 | | An Act to revise eligibility requirements for the crime victims' compensation 1 |
|---|
| 17 | 17 | | program. 2 |
|---|
| 18 | 18 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 |
|---|
| 19 | 19 | | Section 1. That § 23A-28B-25 be AMENDED: 4 |
|---|
| 20 | 20 | | 23A-28B-25. No claim for compensation may be awarded: 5 |
|---|
| 21 | 21 | | (1) Unless an application for compensation is filed with the department within one year 6 |
|---|
| 22 | 22 | | after the date of the personal injury or death and the personal injury or death was 7 |
|---|
| 23 | 23 | | the result of a crime which had been that was reported to a law enforcement officer 8 |
|---|
| 24 | 24 | | or agency within five days of its occurrence, or, if the crime could not reasonably 9 |
|---|
| 25 | 25 | | have been reported within that period, within five days of the date when a report 10 |
|---|
| 26 | 26 | | could reasonably have been made. The department may waive the one year one-11 |
|---|
| 27 | 27 | | year application requirement for good cause shown; 12 |
|---|
| 28 | 28 | | (2) If the victim: 13 |
|---|
| 29 | 29 | | (a) Engaged in conduct which that substantially contributed to the infliction of 14 |
|---|
| 30 | 30 | | the victim's injury or death, or engaged in conduct which that the victim 15 |
|---|
| 31 | 31 | | should reasonably have foreseen could lead to the injury or death. However, 16 |
|---|
| 32 | 32 | | this This subsection does not apply to any victim defined in subsections 17 |
|---|
| 33 | 33 | | 23A-28B-1(12)(b) and or (c); to any victim who was a minor at the time 18 |
|---|
| 34 | 34 | | the offense occurred; or to any victim of: a sex offense under chapter 22-19 |
|---|
| 35 | 35 | | 22; human trafficking under chapter 22-49; abuse, neglect, or exploitation 20 |
|---|
| 36 | 36 | | of an elder or an adult with a disability under chapter 22-46; domestic 21 |
|---|
| 37 | 37 | | abuseunder as defined by § 25-10-1; or child abuse, neglect, or exploitation 22 |
|---|
| 38 | 38 | | under § 26-8A-2; or abuse, neglect, or exploitation of an elder or an adult 23 |
|---|
| 39 | 39 | | with a disability under chapter 22-46; 24 |
|---|
| 40 | 40 | | (b) Committed or otherwise participated in a crime which that caused or 25 |
|---|
| 41 | 41 | | contributed to the victim's injury or death; or 26 25.649.9 2 96 |
|---|
| 42 | 42 | | Underscores indicate new language. |
|---|
| 43 | 43 | | Overstrikes indicate deleted language. |
|---|
| 44 | 44 | | (c) Fails or refuses to cooperate fully with any appropriate law enforcement 1 |
|---|
| 45 | 45 | | officer or agency, or with the department in the administration of this 2 |
|---|
| 46 | 46 | | chapter. If a claimant other than a victim fails or refuses to cooperate 3 |
|---|
| 47 | 47 | | pursuant to this subsection, no compensation may be awarded to that 4 |
|---|
| 48 | 48 | | claimant; or 5 |
|---|
| 49 | 49 | | (3) To any claimant, if the award would unjustly benefit an offender or an accomplice. 6 |
|---|