House Bill #5063 (2017)

AN ACT RELATING TO CRIMINAL PROCEDURE -- CRIMINAL INJURIES COMPENSATION

Amends provisions of the Criminal Injuries Compensation Act.

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Changes since original draft

  • 2017 – H 5063
  • 2017 – H 5063 SUBSTITUTE A
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  • LC000221
  • LC000221/SUB A
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  • S T A T E O F R H O D E I S L A N D
  • S T A T E O F R H O D E I S L A N D
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2017
  • ____________
  • A N A C T
  • ____________
  • A N A C T
  • RELATING TO CRIMINAL PROCEDURE – CRIMINAL INJURIES COMPENSATION
  • Introduced By: Representatives Craven, Knight, McEntee, Ruggiero, and Casimiro
  • Date Introduced: January 11, 2017
  • Referred To: House Judiciary
  • It is enacted by the General Assembly as follows:
  • SECTION 1. Sections 12-25-17, 12-25-19 and 12-25-22 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) "Office" means the office of the general treasurer.
  • (6) "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 to participate in criminal justice proceedings.
  • (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; and
  • (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) "Personal injury" means actual bodily harm, mental or nervous shock, and a pregnancy resulting from sexual attack.
  • (8) "Relative" means a spouse, parent, grandparent, stepfather, stepmother, child, grandchild, brother, sister, half-brother, half-sister, and a spouse's parents.
  • (9) "Resident" means any person who has his or her residence within the state of Rhode Island.
  • (10) "State" includes the District of Columbia, the fifty (50) states, and the United States' territories and possessions.
  • (11) "Treasurer" means the general treasurer of the state of Rhode Island or his or her designee.
  • (12) "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 § 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 42 U.S.C. § 10603b.
  • (13) "1972 Act" means the Criminal Injuries Compensation Act of 1972, established pursuant to former §§ 12-25-1 – 12-25-12.1.
  • (14) "1996 Act" means the Criminal Injuries Compensation Act of 1996, established pursuant to §§ 12-25-16 – 12-25-30.
  • 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 § 12-25-20, the victim, his or her guardian, the child advocate as provided in § 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 the application to the attorney general. The office may award compensation in accordance with the provisions of this chapter if the act occurs:
  • (1) Within the physical confines of the state of Rhode Island;
  • (2) Within the maritime jurisdiction of the state of Rhode Island;
  • (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; or
  • (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 either outside of the United States, as defined in 18 U.S.C. § 2331, or within the United States as referred to in 42 U.S.C. § 10603b.
  • (b) The office may award compensation as described in this section:
  • (1) To or on behalf of the injured person, or his or her guardian;
  • (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 or more of the dependents or to the legal representative of the victim.
  • (c) For the purposes of this chapter, 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) (1) In determining whether to award compensation as described in this section and the amount of compensation, the office shall consider any circumstances it determines to be relevant, including, but not limited to:
  • (i) compliance by the victim with the reasonable requests of law enforcement agencies and personnel;
  • (ii) violent felonious criminal conduct of the victim committed within the past five (5) years or subsequent to his or her injury; any conviction of a crime pursuant to 42 U.S.C. §10602(b)(8); and
  • (ii) violent felonious criminal conduct of the victim committed within the past five (5) years or subsequent to his or her injury;
  • (iii) any conviction of a crime of violence by the victim; and
  • (iv) the behavior of the victim which , including past behavior, that 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 these circumstances.
  • (2) Notwithstanding the other provisions of this section, in the case of the death of the victim, the office shall not reduce or deny compensation for burial costs to or for the benefit of the dependents or closest relative of the deceased victim, or any one or more of the dependents or to the legal representative of the victim, without allowing an administrative appeal pursuant to §§12-25-18(g), 18(h), and 18(i).
  • (3) Any individual who is incarcerated at any criminal institutional facility at the time of his or her injury shall be deemed ineligible to receive an award of compensation as described in this section.
  • (2) Any individual who is incarcerated at any criminal institutional facility at the time of his or her injury shall be deemed ineligible to receive an award of compensation as described in this section.
  • (e) No compensation may be awarded unless the office so directs upon a finding that:
  • (1) The 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 this chapter 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) Where compensable medical services have been rendered, any award made payable to a medical provider shall be based on the current final adjustment to charge ratio approved by the department of labor and training pursuant to chapter 33 of title 28 and applied by the Rhode Island workers' compensation unit in establishing payout ratios for inpatient charges, emergency room charges, and ambulatory surgery charges. Amounts awarded for all other medical services shall be based on the current Rhode Island Workers' Compensation Medical Fee Schedule. If the provider employs a sliding scale fee structure for any category of patient or service, the award shall not exceed the amount the applicant would be charged if he or she qualified under the provider's sliding scale fee structure. Medical service providers shall be required to accept these awards as full payment for services rendered and shall be prohibited from assessing any additional charges against the victim.
  • 12-25-22. Limitations upon awarding compensation.
  • (a) Actions for compensation under this chapter shall be commenced within three (3) years after the date of the personal injury or death, and no compensation shall be awarded for an injury or death resulting from a crime which was not reported to the appropriate law enforcement authority within ten (10) fifteen (15) days of its occurrence; provided, that the office shall have the authority to allow a claim which was not reported pursuant to this section when the victim was below the age of eighteen (18) years of age or of unsound mind, or for good cause shown.
  • 12-25-22. Limitations upon awarding compensation.
  • (a) Actions for compensation under this chapter shall be commenced within three (3) years after the date of the personal injury or death, and no compensation shall be awarded for an injury or death resulting from a crime which was not reported to the appropriate law enforcement authority within ten (10) fifteen (15) days of its occurrence; provided, that the office shall have the authority to allow a claim which was not reported pursuant to this section when the 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 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.
  • (d) No interest shall be included in or added to an award of compensation under this chapter.
  • (e) 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.
  • SECTION 2. This act shall take effect upon passage.
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  • LC000221
  • LC000221/SUB A
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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 amend the definition of "pecuniary loss" under the criminal injuries compensation act to include expenses relating to medical or counseling services, expenses relating to participation of criminal justice proceedings, and funeral services.
  • This act would also amend the standards and procedure which the treasurer's office must consider in the awarding of compensation and would increase the number of days which a victim must report a crime in order to be eligible for compensation under the act.
  • This act would take effect upon passage. ======== LC000221 ========
  • This act would also amend the circumstances which the treasurer's office must consider in the awarding of compensation, and would increase the number of days within which a victim must report a crime in order to be eligible for compensation under the act from ten (10) to fifteen (15) days.
  • This act would take effect upon passage. ======== LC000221/SUB A ========

Votes

NOTE: Electronic voting records are unofficial and may not be accurate. For an official vote tally, check the House or Senate Journal from the day of the vote.

Floor vote for PASSAGE

September 19, 2017 at 2:52pm
Yeas: 65 / Nays: 0 / Not voting: 8 / Recused: 2
Legislator Vote
Rep. Abney Y
Rep. Ackerman Y
Rep. Ajello Y
Rep. Almeida Y
Rep. Amore Y
Rep. Azzinaro Y
Rep. Barros Y
Rep. Bennett Y
Rep. Blazejewski Y
Rep. Canario Y
Rep. Carson NV
Rep. Casey Y
Rep. Casimiro Y
Rep. Chippendale Y
Rep. Corvese Y
Rep. Costantino Y
Rep. Coughlin Y
Rep. Craven Y
Rep. Cunha Y
Rep. Diaz NV
Rep. Donovan Y
Rep. Edwards Y
Rep. Fellela Y
Rep. Filippi Y
Rep. Fogarty NV
Rep. Giarrusso Y
Rep. Handy Y
Rep. Hearn Y
Rep. Hull Y
Rep. Jacquard NV
Rep. Johnston Y
Rep. Kazarian Y
Rep. Keable Y
Rep. Kennedy Y
Rep. Knight Y
Rep. Lancia Y
Rep. Lima Y
Rep. Lombardi Y
Rep. Maldonado Y
Rep. Marshall Y
Rep. Marszalkowski Y
Rep. Mattiello Y
Rep. McEntee Y
Rep. McKiernan Y
Rep. McLaughlin Y
Rep. McNamara Y
Rep. Mendonca NV
Rep. Messier Y
Rep. Morgan Y
Rep. Morin Y
Rep. Nardolillo R
Rep. Newberry Y
Rep. Nunes Y
Rep. O'Brien Y
Rep. O'Grady Y
Rep. Perez Y
Rep. Phillips Y
Rep. Price NV
Rep. Quattrocchi NV
Rep. Ranglin-Vassell Y
Rep. Regunberg Y
Rep. Roberts Y
Rep. Ruggiero Y
Rep. Serpa Y
Rep. Shanley NV
Rep. Shekarchi Y
Rep. Slater Y
Rep. Solomon Y
Rep. Tanzi Y
Rep. Tobon Y
Rep. Ucci Y
Rep. Vella-Wilkinson Y
Rep. Walsh Y
Rep. Williams Y
Rep. Winfield R

Floor vote for Passage In Concurrence

September 19, 2017 at 9:54pm
Yeas: 33 / Nays: 0 / Not voting: 5 / Recused: 0
Legislator Vote
Sen. Algiere Y
Sen. Archambault Y
Sen. Calkin Y
Sen. Ciccone Y
Sen. Conley Y
Sen. Cote Y
Sen. Coyne Y
Sen. Crowley Y
Sen. DaPonte NV
Sen. DiPalma Y
Sen. Doyle NV
Sen. Euer Y
Sen. Felag Y
Sen. Fogarty Y
Sen. Gallo Y
Sen. Gee Y
Sen. Goldin Y
Sen. Goodwin Y
Sen. Jabour Y
Sen. Kettle Y
Sen. Lombardi Y
Sen. Lombardo NV
Sen. Lynch Prata Y
Sen. McCaffrey Y
Sen. Metts Y
Sen. Miller Y
Sen. Morgan Y
Sen. Nesselbush Y
Sen. Paolino Y
Sen. Pearson NV
Sen. Picard NV
Sen. Quezada Y
Sen. Raptakis Y
Sen. Ruggerio Y
Sen. Satchell Y
Sen. Seveney Y
Sen. Sheehan Y
Sen. Sosnowski Y