Chapter 205

2008 -- S 2488

Enacted 07/02/08

A N A C T

RELATING TO CRIMINAL PROCEDURE -- CRIMINAL INJURIES COMPENSATION

Introduced By: Senators Miller, C Levesque, Sosnowski, Pichardo, and Perry

Date Introduced: February 13, 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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LC02018

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