2023 -- S 0887

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LC002650

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO CRIMINAL PROCEDURE - CRIMINAL INJURIES COMPENSATION

     Introduced By: Senators Sosnowski, Miller, Valverde, and Kallman

     Date Introduced: March 30, 2023

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 12-25-17, 12-25-21.1, 12-25-22 and 12-25-28 of the General Laws

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

     12-25-17. Definitions.

     As used in this chapter:

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

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

includes a stepchild or an adopted child.

     (3) “Court” means the superior court.

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

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

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

death of the victim.

     (5) "Medical forensic examination" means an examination of a sexual assault victim by a

health care provider, who has specialized education and clinical experience in the collection of

forensic evidence and treatment of these victims, which includes:

     (i) Gathering information from the victim for the medical forensic history;

     (ii) An examination;

     (iii) Documentation of biological and physical findings, and collection of evidence from

the patient; and

     (iv) Documentation of findings.

     (5)(6) “Office” means the office of the general treasurer.

     (6)(7) “Pecuniary loss” includes:

     (i) For personal injury:

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

by any other source;

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

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

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

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

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

or participation in criminal justice proceedings.

     (ii) For death:

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

other source;

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

compensated by any other source; and

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

justice proceedings.

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

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

not include property damage.

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

pregnancy resulting from sexual attack.

     (8)(9) “Relative” means a spouse, parent, grandparent, stepfather, stepmother, child,

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

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

Island.

     (10)(11) “Secondary victim” means a child who suffers an emotional injury as a direct

result of witnessing a homicide or incident of domestic violence.

     (11)(12) “State” includes the District of Columbia, the fifty (50) states, and the United

States’ territories and possessions.

     (12)(13) “Treasurer” means the general treasurer of the state of Rhode Island or his or her

designee.

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     (13)(14) “Victim” means a person who is injured or killed by any act of a person or persons

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

the state of Rhode Island. “Victim” also means a resident of the state of Rhode Island who is a

victim of an act of terrorism as defined in 18 U.S.C. § 2331 occurring outside the United States or

within the United States as referred to in 34 U.S.C. § 20105.

     (14)(15) “1972 Act” means the Criminal Injuries Compensation Act of 1972, established

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

     (15)(16) “1996 Act” means the Criminal Injuries Compensation Act of 1996, established

pursuant to §§ 12-25-16 — 12-25-31.

     12-25-21.1. Emergency fund for victims.

     (a) The office may award emergency compensation under this chapter for the: (1) Burial

expenses of a victim who dies as a direct result of a violent crime as defined in this chapter; (2)

Cost of the crime scene clean up; and (3) Relocation expenses; and (4) expenses associated with

reasonable modifications to the victim's residence necessary to ensure the victim's safety.

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

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

provisions of this section.

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

ten thousand dollars ($10,000).

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

thousand dollars ($2,000).

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

thousand dollars ($5,000).

     (f) An award for expenses associated with reasonable modifications to the victim's

residence necessary to ensure the victim's safety shall not exceed one thousand dollars ($1,000) and

shall not be awarded in addition to an award for emergency compensation for relocation costs.

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

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

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

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

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

dollars ($25,000).

     12-25-22. Limitations upon awarding compensation.

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

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

resulting from a crime that was not reported to the appropriate law enforcement authority within

fifteen (15) days of its occurrence; provided, that the office shall have the authority to allow a claim

that was not reported pursuant to this section when a victim of a sexual offense or rape receives a

medical forensic examination within fifteen (15) days of the crime, when the victim or secondary

victim was below the age of eighteen (18) years of age, or of unsound mind, or for good cause

shown.

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

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

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

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

     (c) No compensation shall be awarded under this chapter to a secondary victim in a total

amount in excess of one thousand five hundred dollars ($1,500).

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

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

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

directly or indirectly inure to the benefit of the offender.

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

chapter.

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

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

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

victim.

     12-25-28. Special indemnity account for criminal injuries compensation.

     (a) It is provided that the general treasurer establish a violent crimes indemnity account

within the general fund for the purpose of paying awards granted pursuant to this chapter. The court

shall assess as court costs in addition to those provided by law, against all defendants charged with

a felony, misdemeanor, or petty misdemeanor, or traffic violation, whether or not the crime was a

crime of violence, and who plead nolo contendere, guilty or who are found guilty of the commission

of those crimes as follows:

     (1) Where the offense charged is a felony and carries a maximum penalty of five (5) or

more years imprisonment, one hundred and fifty dollars ($150) or fifteen percent (15%) of any fine

imposed on the defendant by the court, whichever is greater.

     (2) Where the offense charged is a felony and carries a maximum penalty of less than five

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(5) years imprisonment, ninety dollars ($90.00) or fifteen percent (15%) of any fine imposed on

the defendant by the court, whichever is greater.

     (3) Where the offense charged is a misdemeanor, thirty dollars ($30.00) or fifteen percent

(15%) of any fine imposed on the defendant by the court, whichever is greater.

     (4) Where the offense charged is a civil or criminal traffic violation, two dollars ($2.00) of

any fine imposed on the defendant per charged offense, exclusive of fines imposed for violations

relating to parking of vehicles. The clerks of courts for each municipality shall collect any fine

levied under this subsection and shall transmit the collected surcharges within thirty (30) days to

the crime victims' compensation fund.

     (b) These costs shall be assessed whether or not the defendant is sentenced to prison and

in no case shall they be waived by the court unless the court finds an inability to pay.

     (c) When there are multiple counts or multiple charges to be disposed of simultaneously,

the judge shall have the authority to suspend the obligation of the defendant to pay on all counts or

charges above two (2).

     (d) Up to fifteen percent (15%) of the state funds raised under this section, as well as federal

matching funds, shall be available to pay administrative expenses necessary to operate this

program. Federal funds for this purpose shall not supplant currently available state funds, as

required by federal law.

     SECTION 2. This act shall take effect one year after passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL PROCEDURE - CRIMINAL INJURIES COMPENSATION

***

     This act would fund the state crime victims compensation program through an additional

two dollar ($2.00) fine on traffic violations, exclusive of violations related to the parking of

vehicles. The act would also permit victims to use program funds to make reasonable modifications

to their residence to ensure victim safety and would permit a medical forensic examination to stand

in the place of a police report for purposes of determining program eligibility.

     This act would take effect one year after passage.

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