Chapter
125
2008 -- H 7900 SUBSTITUTE A
Enacted 07/01/08
A N A C T
RELATING TO CRIMINAL
PROCEDURE - CRIMINAL INJURIES COMPENSATION
Introduced By: Representatives Giannini, Sullivan, Gallison, Rose, and D Caprio
Date Introduced: February
26, 2008
It is enacted by the General Assembly as follows:
SECTION
1. Section 12-25-21 of the General Laws in Chapter 12-25 entitled
"Criminal
Injuries
Compensation" is hereby amended to read as follows:
12-25-21.
Nature of compensation. -- (a) The office may award compensation under
this
chapter
for:
(1) Expenses actually and reasonably incurred as a result of the personal
injury or death
of the
victim;
(2) Pecuniary loss to the dependents of the deceased victim;
(3) Any other pecuniary loss resulting from the personal injury or death of the
victim, the
amount
of which the office finds upon the evidence to be reasonable and necessary;
(4) The administrator may issue a supplemental award for compensation for
additional
medical
expenses, including psychiatric care and mental health counseling, provided
that the
victim
provides proper documentation that the additional medical expenses have been
actually
and
reasonably incurred as a direct result of the personal injury. The
administrator shall issue a
supplemental
award as long as the total award does not exceed the maximum award allowable
under
this chapter; and
(5) The administrator may issue an award for expenses related to psychiatric
care and
mental
health counseling for a parent, spouse, minor sibling or minor
child of a victim who dies
as a
direct result of a violent crime as defined in this chapter, provided that the
parent, spouse,
minor sibling or minor child provide proper
documentation that the psychiatric care and mental
health
counseling have been actually and reasonably incurred as a direct result of the
death of the
victim.
(b) In determining the amount of the judgment or order approving a settlement,
the office
shall
take into consideration the rates and amounts payable for injuries and death
under other
statutes
of this state and of the United States, and the amount of revenue in the
violent crimes
indemnity
account and the number and nature of claims pending against it. The office
shall make
every
effort to ensure that compensation awards are paid within six (6) months of the
date of
application.
SECTION
2. This act shall take effect upon passage.
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LC02008/SUB A
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