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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO CRIMINAL PROCEDURE -- CRIMINAL INJURIES COMPENSATION

     

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

     Date Introduced: January 11, 2017

     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 and 12-25-22 of the General Laws in Chapter

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12-25 entitled "Criminal Injuries Compensation" are hereby amended to read as follows:

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     12-25-17. Definitions.

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     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.; and

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

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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.

 

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     (a) In any case in which a person is injured or killed by any act of a person or persons

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which is within the description of the offenses listed in § 12-25-20, the victim, his or her

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guardian, the child advocate as provided in § 42-73-9.1, or in the case of his or her death, a legal

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representative, may apply to the office for compensation. The office shall provide notice of the

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application to the attorney general. The office may award compensation in accordance with the

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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 the

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

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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)(iii) the behavior of the victim which , including past behavior, that directly or

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indirectly contributed to his or her injury or death, unless the injury or death resulted from the

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victim's lawful attempt to prevent the commission of a crime or to apprehend an offender. The

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office may reduce or deny an award based on these circumstances.

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     (2) Notwithstanding any other provision 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 to

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

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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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     12-25-22. Limitations upon awarding compensation.

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     (a) Actions for compensation under this chapter shall be commenced within three (3)

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years after the date of the personal injury or death, and no compensation shall be awarded for an

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injury or death resulting from a crime which was not reported to the appropriate law enforcement

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authority within ten (10) fifteen (15) days of its occurrence; provided, that the office shall have

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the authority to allow a claim which was not reported pursuant to this section when the victim

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was below the age of eighteen (18) 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 PROCEDURE -- CRIMINAL INJURIES COMPENSATION

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     This act would amend the definition of "pecuniary loss" under the criminal injuries

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compensation act to include expenses relating to medical or counseling services, expenses

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relating to participation of criminal justice proceedings, and funeral services.

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     This act would also amend the standards and procedure which the treasurer's office must

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consider in the awarding of compensation and would increase the number of days which a victim

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must report a crime in order to be eligible for compensation under the act.

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     This act would take effect upon passage.

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