2016 -- S 2937 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO CRIMINAL OFFENSES - CRIMINAL INJURIES COMPENSATION

     

     Introduced By: Senators McCaffrey, Lombardi, Conley, Lynch Prata, and Metts

     Date Introduced: May 03, 2016

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 12-25-17, 12-25-19, 12-25-21.1 and 12-25-22 of the General Laws

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in Chapter 12-25 entitled "Criminal Injuries Compensation" are hereby amended to read as

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follows:

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     12-25-17. Definitions. -- As used in this chapter:

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      (1) "Administrator" means the program administrator of this chapter.

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      (2) "Child" means an unmarried person who is under eighteen (18) years of age and

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includes a stepchild or an adopted child.

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      (3) "Court" means the superior court.

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      (4) "Dependent" means a person wholly or partially dependent upon the income of the

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victim at the time of his or her death or would have been so dependent but for the incapacity due

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to the injury from which the death resulted. The term includes a child of the victim born after the

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death of the victim.

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      (5) "Office" means the office of the general treasurer.

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      (6) "Pecuniary loss" includes:

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      (i) For personal injury:

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      (A) Medical expenses (including psychiatric care) for which the victim is not

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compensated by any other source;

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      (B) Hospital expenses for which the victim is not compensated by any other source;

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      (C) Loss of past earnings for which the victim is not compensated by any other source;

 

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      (D) Loss of future earnings because of a disability resulting from the personal injury for

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which the victim is not compensated by any other source.;

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     (E) Direct expenses related to the delivery or obtainment of medical or counseling

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services, or to participate in criminal justice proceedings.

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      (ii) For death:

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      (A) Funeral and burial expenses for which the victim's estate is not compensated by any

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other source; and

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      (B) Loss of support to the dependents of the victim for which the dependents are not

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compensated by any other source. ; and

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     (C) Direct expenses related to the participation in funeral services, counseling, or

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criminal justice proceedings.

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      (iii) Any other expenses actually and necessarily incurred as a result of the personal

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injury or death for which the victim or his or her estate is not compensated by any other source,

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but it does not include property damage.

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      (7) "Personal injury" means actual bodily harm, mental or nervous shock, and a

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pregnancy resulting from sexual attack.

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      (8) "Relative" means a spouse, parent, grandparent, stepfather, stepmother, child,

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grandchild, brother, sister, half-brother, half-sister, and a spouse's parents.

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      (9) "Resident" means any person who has his or her residence within the state of Rhode

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Island.

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      (10) "State" includes the District of Columbia, the fifty (50) states, and the United States'

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territories and possessions.

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      (11) "Treasurer" means the general treasurer of the state of Rhode Island or his or her

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designee.

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      (12) "Victim" means a person who is injured or killed by any act of a person or persons

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which is within the description of any of the offenses specified in § 12-25-20 and which act

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occurs in the state of Rhode Island. "Victim" also means a resident of the state of Rhode Island

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who is a victim of an act of terrorism as defined in 18 U.S.C. § 2331 occurring outside the United

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States.

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      (13) "1972 Act" means the Criminal Injuries Compensation Act of 1972, established

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pursuant to former §§ 12-25-1 -- 12-25-12.1.

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      (14) "1996 Act" means the Criminal Injuries Compensation Act of 1996, established

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pursuant to §§ 12-25-16 -- 12-25-30.

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     12-25-19. Awarding compensation. -- (a) In any case in which a person is injured or

 

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killed by any act of a person or persons which is within the description of the offenses listed in §

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12-25-20, the victim, his or her guardian, the child advocate as provided in § 42-73-9.1, or in the

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case of his or her death, a legal representative, may apply to the office for compensation. The

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office shall provide notice of the application to the attorney general. The office may award

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compensation in accordance with the provisions of this chapter if the act occurs:

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      (1) Within the physical confines of the state of Rhode Island;

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      (2) Within the maritime jurisdiction of the state of Rhode Island;

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      (3) Outside the state of Rhode Island to any victim who has his or her residence in the

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state of Rhode Island and had the residence in the state at the time that the offense occurred, and

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is not entitled to compensation of any kind from the state, possession, or territory or district of the

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United States in which the offense occurred; or

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      (4) Outside the state of Rhode Island to any victim who had his or her residence in the

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state of Rhode Island at the time the offense occurred who is injured or killed by an act of

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terrorism occurring either outside of the United States, as defined in 18 U.S.C. § 2331, or within

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the United States as referred to in 42 U.S.C. § 10603b.

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      (b) The office may award compensation as described in this section:

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      (1) To or on behalf of the injured person, or his or her guardian;

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      (2) In the case of the personal injury of the victim where the compensation is for

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pecuniary loss suffered or expenses incurred by any person responsible for the maintenance of the

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victim, to that person; or

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      (3) In the case of the death of the victim, to or for the benefit of the dependents or closest

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relative of the deceased victim, or any one or more of the dependents or to the legal representative

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of the victim.

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      (c) For the purposes of this chapter, a person shall be deemed to have intended an act

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notwithstanding that, by reason of age, insanity, drunkenness, or otherwise, he or she was legally

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incapable of forming a criminal intent.

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      (d) (1) In determining whether to award compensation as described in this section and

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the amount of compensation, the office shall consider any circumstances it determines to be

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relevant, including, but not limited to:

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     (i) compliance by the victim with the reasonable requests of law enforcement agencies

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and personnel;

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     (ii) violent felonious criminal conduct of the victim committed within the past five (5)

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years or subsequent to his or her injury any conviction of a crime pursuant to 42 U.S.C.

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§10602(b)(8); and

 

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     (iii) any conviction of a crime of violence by the victim; and

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     (iv) the behavior of the victim which including past behavior that directly or indirectly

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contributed to his or her injury or death, unless the injury or death resulted from the victim's

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lawful attempt to prevent the commission of a crime or to apprehend an offender. The office may

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reduce or deny an award based on these circumstances.

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      (2) Notwithstanding the other provisions of this section, in the case of the death of the

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victim, the office shall not reduce or deny compensation for burial costs to or for the benefit of

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the dependents or closest relative of the deceased victim, or any one or more of the dependents or

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to the legal representative of the victim, without allowing an administrative appeal pursuant to

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§12-25-18(g), (h), and (i).

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     (3) Any individual who is incarcerated at any criminal institutional facility at the time of

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his or her injury shall be deemed ineligible to receive an award of compensation as described in

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this section.

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      (e) No compensation may be awarded unless the office so directs upon a finding that:

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      (1) The act did occur; and

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      (2) The injury or death resulted from the act.

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      (f) An award may be made under this section whether or not any person is prosecuted or

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convicted of any offense arising out of the act, or if the act is the subject of any other legal action.

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Upon application from the attorney general, the office shall suspend proceedings under this

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chapter until the application is withdrawn or until a prosecution for an offense arising out of the

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act is no longer pending or imminent. The office may suspend proceedings in the interest of

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justice if a criminal or civil action arising from the act is pending or imminent.

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      (g) The office shall pay to the person named in the award of compensation, and the

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payments shall be made from the violent crimes indemnity account and from any federal moneys

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available as coordinated by the office.

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      (h) Where compensable medical services have been rendered, any award made payable

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to a medical provider shall be based on the current final adjustment to charge ratio approved by

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the department of labor and training pursuant to chapter 33 of title 28 and applied by the Rhode

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Island workers' compensation unit in establishing payout ratios for inpatient charges, emergency

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room charges, and ambulatory surgery charges. Amounts awarded for all other medical services

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shall be based on the current Rhode Island Workers' Compensation Medical Fee Schedule. If the

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provider employs a sliding scale fee structure for any category of patient or service, the award

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shall not exceed the amount the applicant would be charged if he or she qualified under the

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provider's sliding scale fee structure. Medical service providers shall be required to accept these

 

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awards as full payment for services rendered and shall be prohibited from assessing any

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additional charges against the victim.

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     12-25-21.1. Emergency fund for victims. -- (a) The office may award emergency

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compensation under this chapter for the: (1) Burial expenses of a victim who dies as a direct

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result of a violent crime as defined in this chapter; (2) Cost of the crime scene clean up; and (3)

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Relocation expenses.

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      (b) The award for emergency compensation shall be awarded at the sole discretion of the

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program administrator. The administrator may promulgate rules and regulations to administer the

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provisions of this section.

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      (c) An award for emergency compensation for burial expenses shall not exceed the sum

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of eight thousand dollars ($8,000) ten thousand dollars ($10,000).

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      (d) An award for emergency compensation for crime scene clean up shall not exceed two

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thousand dollars ($2,000).

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      (e) An award for emergency compensation for relocation costs shall not exceed two

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thousand five hundred dollars ($2,500) five thousand dollars ($5,000).

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      (f) The award for emergency compensation for burial expenses, crime scene clean up,

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and relocation costs shall be deducted from the final award. In the event the victim is not eligible

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for an award, the victim shall repay the amount of the emergency award to the fund.

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      (g) Any payments made for the emergency compensation shall be deducted from the

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final award. In no event shall the final award exceed the maximum award of twenty-five thousand

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dollars ($25,000).

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     12-25-22. Limitations upon awarding compensation. -- (a) Actions for compensation

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under this chapter shall be commenced within three (3) years after the date of the personal injury

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or death, and no compensation shall be awarded for an injury or death resulting from a crime

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which was not reported to the appropriate law enforcement authority within ten (10) fifteen (15)

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days of its occurrence; provided, that the office shall have the authority to allow a claim which

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was not reported pursuant to this section when the victim was below the age of eighteen (18)

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years of age or of unsound mind, or for good cause shown.

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      (b) No compensation shall be awarded under this chapter to the victim, or in the case of

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death to dependent relatives or to the legal representative, in a total amount in excess of twenty-

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five thousand dollars ($25,000) plus any attorney fees awarded upon appeal to the treasurer or to

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the superior court pursuant to § 12-25-25.

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      (c) No compensation shall be awarded when the office, in its discretion, determines that

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unjust enrichment to or on behalf of the offender would result. Compensation under this chapter

 

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shall not be awarded to any victim or dependent relative or legal representative if the award

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would directly or indirectly inure to the benefit of the offender.

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      (d) No interest shall be included in or added to an award of compensation under this

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chapter.

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      (e) When the plaintiff is the victim's estate, it shall only be awarded compensation for the

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victim's actual medical, hospital, funeral, and burial expenses for which the victim or his or her

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estate is not compensated by any other source and for the loss of support to the dependents of the

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victim.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES - CRIMINAL INJURIES COMPENSATION

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     This act would expand the type of direct expenses that crime victims can be reimbursed

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for pursuant to the criminal injuries compensation act. It would also increase the maximum

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emergency compensation award for burial costs and relocation and related costs. The three (3)

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year statute limitations for claims would be removed and eligible victims would have five (5)

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additional days to report a crime which resulted in their injuries.

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     This act would take effect upon passage.

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