It is enacted by the General Assembly as follows:

SECTION 1. Sections 12-25-17, 12-25-19 and 12-25-20 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 sections 12-25-16 through 12-25-30:

(1) The term "child" means an unmarried person who is under eighteen (18) years of age and includes a stepchild or an adopted child.

(2) The term "court" means the superior court.

(3) The term "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 and shall include a child of the victim born after the death of the victim.

(4) The term "pecuniary loss" includes:

(A) For personal injury:

(i) Medical expenses (including psychiatric care) for which the victim is not compensated by any other source;

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

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

(iv) Loss of future earnings because of a disability resulting from the personal injury for which the victim is not compensated by any other source.

(B) For death:

(i) Funeral and burial expenses for which the victim's estate is not compensated by any other source; and

(ii) Loss of support to the dependents of the victim for which the dependents are not compensated by any other source.

(C) 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.

(5) The term "personal injury" means actual bodily harm, mental or nervous shock, and a pregnancy resulting from sexual attack.

(6) The term "relative" means a spouse, parent, grandparent, stepfather, stepmother, child, grandchild, brother, sister, half brother, half sister, and a spouse's parents.

(7) The term "resident" means any person who has his or her residence within the state of Rhode Island.

(8) The term "state" includes the District of Columbia, the fifty (50) states, and the United States' territories and possessions.

(9) The term "treasurer" means the general treasurer of the state of Rhode Island or his or her designee.

(10) The term "victim" means a person who is injured or killed by any act of a person or persons which is within the description of any of the offenses specified in section 12-25-20 and which act occurs in the state of Rhode Island. {ADD The term "victim" also means a resident of the state of Rhode Island who is a victim of an act of terrorism as defined in section 2331 of title 18, United States Code, occurring outside the United States. ADD}

(11) The term "1972 act" means the Criminal Injuries Compensation Act of 1972, established pursuant to sections 12-25-1 through 12-25-12.1.

(12) The term "1996 act" means the Criminal Injuries Compensation Act of 1996, established pursuant to sections 12-25-16 through 12-25-30.

(13) The term "office" means the office of the general treasurer.

(14) The term "administrator" means the program administrator of the 1996 act.

12-25-19. Awarding compensation. -- (a) In any case in which a person is injured or killed by any act of a person or persons which is within the description of the offenses listed in section 12-25-20, the victim, his or her guardian, the child advocate as provided in section 42-73-9.1, or in the case of his or her death, a legal representative, may apply to the office for compensation. The office shall provide notice of such application to the attorney general. The office may award compensation in accordance with the provisions of the 1996 act, if such act occurs:

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

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

(3) Outside the state of Rhode Island to any victim who has his or her residence in the state of Rhode Island and had the residence in the state at the time that the offense occurred, and is not entitled to compensation of any kind from the state, possession, or territory or district of the United States in which the offense occurred.

{ADD (4) Outside the state of Rhode Island to any victim who had his or her residence in the state of Rhode Island at the time the offense occurred who is injured or killed by an act of terrorism occurring outside of the United States, as defined in section 2331 of title 18, United States Code. ADD}

(b) The office may award compensation as described above;

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

(2) In the case of the personal injury of the victim, where the compensation is for pecuniary loss suffered or expenses incurred by any person responsible for the maintenance of the victim, to that person; or

(3) In the case of the death of the victim, to or for the benefit of the dependents or closest relative of the deceased victim, or any one (1) or more of the dependents or to the legal representative of the victim.

(c) For the purposes of the 1996 act, a person shall be deemed to have intended an act notwithstanding that, by reason of age, insanity, drunkenness, or otherwise, he or she was legally incapable of forming a criminal intent.

(d) In determining whether to award compensation as described above and the amount thereof the office shall consider any circumstances it determines to be relevant, including, but not limited to, compliance by the victim with the reasonable requests of law enforcement agencies and personnel; violent felonious criminal conduct of the victim committed within the past five (5) years or subsequent to his or her injury; and the behavior of the victim which directly or indirectly contributed to his or her injury or death, unless the injury or death resulted from the victim's lawful attempt to prevent the commission of a crime or to apprehend an offender. The office may reduce or deny an award based on said circumstances.

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

(1) Such an act did occur; and

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

(f) An award may be made under this section whether or not any person is prosecuted or convicted of any offense arising out of the act, or if the act is the subject of any other legal action. Upon application from the attorney general, the office shall suspend proceedings under the 1996 act until the application is withdrawn or until a prosecution for an offense arising out of the act is no longer pending or imminent. The office may suspend proceedings in the interest of justice if a criminal or civil action arising from the act is pending or imminent.

(g) The office shall pay to the person named in the award of compensation, and the payments shall be made from the violent crimes indemnity account and from any federal moneys available as coordinated by the office.

(h) The office may limit payments made directly to medical service providers in order to ensure that payments do not exceed those of other third (3rd) party payers for the same services. Medical service providers have to accept said payments as payments in full.

12-25-20. Offenses to which the 1996 act applies. -- The office may award compensation in accordance with the provisions of the 1996 act for personal injury or death {DEL with DEL} {ADD which ADD} resulted from offenses in the following categories:

(1) Assault with intent to commit murder, robbery, or rape;

(2) Assault with a dangerous weapon;

(3) Assault and battery;

(4) Mayhem;

(5) Indecent assault and battery on a child under thirteen (13) years of age;

(6) Arson or statutory burning;

(7) Kidnapping;

(8) Robbery or larceny from that person;

(9) Murder;

(10) Manslaughter;

(11) First or second degree sexual assault;

(12) Child molestation, 1st and 2nd degree;

(13) The abominable and detestable crime against nature or assault with intent to commit the same;

(14) Driving under the influence of alcohol or drugs;

(15) Refusal by a driver to submit to a chemical test for alcohol or drugs in the immediate aftermath of a collision;

(16) Driving so as to endanger, resulting in death, pursuant to section 31-27-1;

(17) Driving so as to endanger, resulting in personal injury, pursuant to section 31-27-1.1; and

(18) Any other crime excluding motor vehicle offenses other than those enumerated above, which results in personal injury or death.

SECTION 2. Chapter 12-25 of the General Laws entitled "Criminal Injuries Compensation" is hereby amended by adding thereto the following section:

{ADD 12-25-31. Severability. -- ADD} {ADD If any provision to this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act, which can be given effect without the invalid provisions or application, and to this end the provisions of this act are declared to be severable. ADD}

SECTION 3. This act shall take effect upon passage.