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S1414................................................by JUDICIARY AND RULES CRIME VICTIMS - Amends existing law relating to crime victim compensation to define "extenuating circumstances"; to provide that a victim found to have extenuating circumstances is eligible for a maximum mental health benefit of $25,000; and to provide for reevaluation of qualifications. 02/21 Senate intro - 1st rdg - to printing 02/22 Rpt prt - to Jud 03/02 Rpt out - rec d/p - to 2nd rdg 03/03 2nd rdg - to 3rd rdg 03/07 3rd rdg - PASSED - 34-0-1 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Cameron, Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- Burtenshaw Floor Sponsors - Jorgenson & Langhorst Title apvd - to House 03/08 House intro - 1st rdg - to Jud 03/16 Rpt out - rec d/p - to 2nd rdg 03/17 2nd rdg - to 3rd rdg 03/24 3rd rdg - PASSED - 58-4-8 AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon, Clark, Collins, Deal, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Henbest, Henderson, Jaquet, Kemp, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shirley, Skippen, Smith(30), Smylie, Snodgrass, Trail, Mr. Speaker NAYS -- Barrett, Harwood, Shepherd(8), Wood Absent and excused -- Bedke, Crow, Denney, Lake, Nonini, Smith(24), Stevenson, Wills Floor Sponsor - Henbest Title apvd - to Senate 03/27 To enrol 03/28 Rpt enrol - Pres signed 03/29 Sp signed 03/30 To Governor 03/31 Governor signed Session Law Chapter 291 Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE SENATE SENATE BILL NO. 1414 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO CRIME VICTIMS COMPENSATION; AMENDING SECTION 72-1003, IDAHO CODE, 3 TO DEFINE "EXTENUATING CIRCUMSTANCES" AND TO MAKE A TECHNICAL CORRECTION; 4 AMENDING SECTION 72-1019, IDAHO CODE, TO PROVIDE THAT A VICTIM FOUND TO 5 HAVE EXTENUATING CIRCUMSTANCES IS ELIGIBLE FOR A MAXIMUM BENEFIT OF 6 TWENTY-FIVE THOUSAND DOLLARS AND TO PROVIDE FOR REEVALUATION OF QUALIFICA- 7 TIONS; DECLARING AN EMERGENCY AND PROVIDING RETROACTIVE APPLICATION. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 72-1003, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 72-1003. DEFINITIONS. As used in this chapter: 12 (1) "Claimant" means any of the following claiming compensation under 13 this chapter: 14 (a) A victim; 15 (b) A dependent of a deceased victim; or 16 (c) An authorized person acting on behalf of any of them, including 17 parent(s), legal guardian(s), and sibling(s), of a victim who is a minor. 18 (2) "Collateral source" means a source of benefits, other than welfare 19 benefits, or advantages for economic loss otherwise compensable under this 20 chapter which the claimant has received or which is readily available to him 21 from: 22 (a) The offender; 23 (b) The government of the United States or any agency thereof, a state or 24 any of its political subdivisions, or an instrumentality of two (2) or 25 more states, unless the law providing for the benefits or advantages makes 26 them excess or secondary to benefits under this chapter; 27 (c) Social security, medicare, and medicaid; 28 (d) Worker's compensation; 29 (e) Wage continuation programs of any employer; 30 (f) Proceeds of a contract of insurance payable to the claimant for loss 31 which was sustained because of the criminally injurious conduct; or 32 (g) A contract, including an insurance contract, providing hospital and 33 other health care services or benefits for disability. Any such contract 34 in this state may not provide that benefits under this chapter shall be a 35 substitute for benefits under the contract or that the contract is a sec- 36 ondary source of benefits and benefits under this chapter are a primary 37 source. 38 (3) "Commission" means the industrial commission. 39 (4) "Criminally injurious conduct" means intentional, knowing, or reck- 40 less conduct that: 41 (a) Occurs or is attempted in this state or occurs outside the state of 42 Idaho against a resident of the state of Idaho and which occurred in a 43 state which does not have a crime victims compensation program for which 2 1 the victim is eligible as eligibility is set forth in this statute; 2 (b) Constitutes an act of terrorism as defined by 18 U.S.C. 2331, commit- 3 ted outside the United States against a resident of this state; 4 (c) Results in injury or death; and 5 (d) Is punishable by fine, imprisonment, or death or would be so punish- 6 able but for the fact that the person engaging in the conduct lacked 7 capacity to commit the crime under the laws of this state. Criminally 8 injurious conduct does not include conduct arising out of the ownership, 9 maintenance, or use of a motor vehicle except when intended to cause per- 10 sonal injury or death; provided that criminally injurious conduct shall 11 include violations of the provisions of section 18-4006 3(b), 18-8004, 12 18-8006, 18-8007, 67-7027, 67-7034 or 67-7035, Idaho Code. 13 (5) "Dependent" means a natural person who is recognized under the law of 14 this state to be wholly or partially dependent upon the victim for care or 15 support and includes a child if under the age of eighteen (18) years or inca- 16 pable of self-support and unmarried and includes a child of the victim con- 17 ceived before the victim's death but born after the victim's death, including 18 a child that is conceived as a result of the criminally injurious conduct. 19 (6) "Extenuating circumstances" means that a victim requires further men- 20 tal health treatment due to trauma arising out of covered criminal conduct in 21 order to perform major life functions or the activities of daily living. 22 (7) "Injury" means actual bodily harm or disfigurement and, with respect 23 to a victim, includes pregnancy, venereal disease, mental or nervous shock, or 24 extreme mental distress. For the purposes of this chapter, "extreme mental 25 distress" means a substantial personal disorder of emotional processes, 26 thought or cognition which impairs judgment, behavior or ability to cope with 27 the ordinary demands of life. 28 (78) "Victim" means a person who suffers injury or death as a result of: 29 (a) Criminally injurious conduct; 30 (b) His good faith effort to prevent criminally injurious conduct; or 31 (c) His good faith effort to apprehend a person reasonably suspected of 32 engaging in criminally injurious conduct. 33 (89) "Welfare benefits" as used in subsection (2) of this section, shall 34 include sums payable to or on behalf of an indigent person under chapter 35, 35 title 31, Idaho Code. 36 SECTION 2. That Section 72-1019, Idaho Code, be, and the same is hereby 37 amended to read as follows: 38 72-1019. COMPENSATION BENEFITS. (1) A claimant is entitled to weekly com- 39 pensation benefits when the claimant has a total actual loss of wages due to 40 injury as a result of criminally injurious conduct. During the time the claim- 41 ant seeks such weekly benefits, the claimant, as a result of such injury, must 42 have no reasonable prospect of being regularly employed in the normal labor 43 market. The weekly benefit amount is sixty-six and two-thirds percent 44 (66 2/3%) of the wages received at the time of the criminally injurious con- 45 duct, subject to a maximum of one hundred seventy-five dollars ($175). Weekly 46 compensation payments shall be made at the end of each two (2) week period. No 47 weekly compensation payments may be paid for the first week after the crimi- 48 nally injurious conduct occurred, but if total actual loss of wages continues 49 for one (1) week, weekly compensation payments shall be paid from the date the 50 wage loss began. Weekly compensation payments shall continue until the claim- 51 ant has a reasonable prospect of being regularly employed in the normal labor 52 market. 53 (2) The commission may order payment of reasonable expenses actually 3 1 incurred by the claimant for reasonable services by a physician or surgeon, 2 reasonable hospital services and medicines, mental health counseling and care, 3 and such other treatment as may be approved by the commission for the injuries 4 suffered due to criminally injurious conduct. Payment for the costs of foren- 5 sic and medical examinations of alleged victims of sexual assault performed 6 for the purposes of gathering evidence for possible prosecution, after collec- 7 tions from any third party who has liability, shall be made by the commission. 8 The commission shall establish a procedure for summary processing of such 9 claims. 10 (3) (a) The dependents of a victim who is killed as a result of crimi- 11 nally injurious conduct are entitled to receive aggregate weekly benefits 12 amounting to sixty-six and two-thirds percent (66 2/3%) of the wages 13 received at the time of the criminally injurious conduct causing the 14 death, subject to a maximum of one hundred seventy-five dollars ($175) per 15 week. Weekly compensation payments shall be made at the end of each two 16 (2) week period. 17 (b) Benefits under subsection (3)(a) of this section shall be paid to the 18 spouse for the benefit of the spouse and other dependents unless the com- 19 mission determines that other payment arrangements should be made. If a 20 spouse dies or remarries, benefits under subsection (3)(a) shall cease to 21 be paid to the spouse but shall continue to be paid to the other depend- 22 ents so long as their dependent status continues. 23 (4) Reasonable funeral and burial or cremation expenses of the victim, 24 together with actual expenses of transportation of the victim's body, shall be 25 paid in an amount not exceeding five thousand dollars ($5,000) if all other 26 collateral sources have properly paid such expenses but have not covered all 27 such expenses. 28 (5) (a) Compensation payable to a victim and all of the victim's depend- 29 ents in cases of the victim's death, because of injuries suffered due to 30 an act or acts of criminally injurious conduct involving the same offender 31 and occurring within a six (6) month period, may not exceed twenty-five 32 thousand dollars ($25,000) in the aggregate. 33 (b) The limitation of subsection (5)(a) of this section is subject to the 34 further limitation that payments for mental health treatment received as a 35 result of the victim's injury may not exceed two thousand five hundred 36 dollars ($2,500) unless the industrial commission finds extenuating cir- 37 cumstances.pursuant to regulation of the industrial commissionIf the 38 commission finds a victim to have extenuating circumstances as defined in 39 section 72-1003, Idaho Code, the victim is eligible for payments up to the 40 maximum benefit allowed under paragraph (a) of this subsection (5). The 41 commission shall reevaluate the victim's qualifications for extenuating 42 circumstances not less often than annually. 43 (6) Compensation benefits are not payable for pain and suffering or prop- 44 erty damage. 45 (7) (a) A person who has suffered injury as a result of criminally inju- 46 rious conduct and as a result of such injury has no reasonable prospect of 47 being regularly employed in the normal labor market, who was employable 48 but was not employed at the time of such injury, may in the discretion of 49 the commission be awarded weekly compensation benefits in an amount deter- 50 mined by the commission not to exceed one hundred fifty dollars ($150) per 51 week. Weekly compensation payments shall continue until the claimant has a 52 reasonable prospect of being regularly employed in the normal labor market 53 or for a shorter period as determined by the commission. The claimant 54 shall be awarded benefits as provided in subsection (2) of this section. 55 (b) The dependents of a victim who is killed as a result of criminally 4 1 injurious conduct and who was employable but not employed at the time of 2 death, may, in the discretion of the commission, be awarded, in an aggre- 3 gate amount payable to all dependents, a sum not to exceed one hundred 4 fifty dollars ($150) per week which shall be payable in the manner and for 5 the period provided by subsection (3)(b) of this section or for such 6 shorter period as determined by the commission. The claimant shall be 7 awarded benefits as provided in subsection (4) of this section. 8 (c) Compensation payable to a victim or a victim's dependents under this 9 subsection may not exceed twenty thousand dollars ($20,000), and the limi- 10 tations of subsection (6) of this section apply to compensation under this 11 subsection (7). 12 (8) Amounts payable as weekly compensation may not be commuted to a lump 13 sum and may not be paid less frequently than every two (2) weeks. 14 (9) (a) Subject to the limitations in subsections (9)(b) and (9)(c) of 15 this section, the spouse, parent, grandparent, child, grandchild, brother 16 or sister of a victim who is killed, kidnapped, sexually assaulted or sub- 17 jected to domestic violence or child injury is entitled to reimbursement 18 for mental health treatment received as a result of such criminally inju- 19 rious conduct. 20 (b) Total payments made under subsection (9)(a) of this section, may not 21 exceed five hundred dollars ($500) for each person or one thousand five 22 hundred dollars ($1,500) for a family. 23 (c) With regard to claims filed pursuant to this section, in order for 24 family members of victims of crime to be entitled to benefits, the victim 25 of the crime must also have been awarded benefits for the crime itself. 26 (10) A claimant or a spouse, parent, child or sibling of a claimant or 27 victim may be reimbursed for his or her expenses for necessary travel incurred 28 in connection with obtaining benefits covered pursuant to this chapter and in 29 accordance with rules of the commission. 30 SECTION 3. An emergency existing therefor, which emergency is hereby 31 declared to exist, this act shall be in full force and effect on and after its 32 passage and approval, and retroactively to July 1, 2005.
STATEMENT OF PURPOSE RS 15970C1 This legislation addresses the need for mental health treatment for victims of trauma arising out of covered criminal conduct. It amends the definition of "extenuating circumstances" under which the industrial commission may waive the current $2,500 cap on mental health benefits, thereby allowing mental health treatment to continue for as long as is needed subject to annual review. FISCAL NOTE While it is impossible to predict the number of victims that may meet the definition of "extenuating circumstances," this bill could have a potential fiscal impact of $80,600 to the Crime Victims Compensation Fund. The fiscal impact is estimated based on data from 1988 through 2005 where, on average, about 15.5 individuals per year have met the mental health benefit cap of $2,500. The $80,600 is derived by using the average of 15.5 victims and multiplying it by the possible annual mental health benefit per individual of $5,200 ($100 per week). Contact Name: Senator Mike Jorgensen Phone: 332-1346 Senator David Langhorst Phone: 332-1348 Name: Rep Margaret Henbest Phone: 332-1130 STATEMENT OF PURPOSE/FISCAL NOTE S 1414 REVISED REVISED REVISED REVISED REVISED REVISED