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H0247................................by JUDICIARY, RULES AND ADMINISTRATION
SEXUAL ASSAULT VICTIMS - Amends existing law to provide that the costs of
medical exams for alleged victims of sexual assault shall be paid from the
Crime Victims Compensation Account.
02/14 House intro - 1st rdg - to printing
02/15 Rpt prt - to Jud
02/22 Rpt out - rec d/p - to 2nd rdg
02/23 2nd rdg - to 3rd rdg
02/26 3rd rdg - PASSED - 65-0-5
AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow,
Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins,
Hornbeck, Jaquet, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher,
Mader, Marley, McKague, Montgomery, Mortensen, Moss, Moyle, Pearce,
Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali,
Schaefer, Sellman, Shepherd, Smylie, Stevenson, Stone, Tilman, Trail,
Wood, Young, Mr. Speaker
NAYS -- None
Absent and excused -- Jones, Meyer, Smith, Swan, Wheeler
Floor Sponsors -- Field(13) & Henbest
Title apvd - to Senate
02/27 Senate intro - 1st rdg - to Jud
03/06 Rpt out - rec d/p - to 2nd rdg
03/07 2nd rdg - to 3rd rdg
03/19 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch, Brandt, Bunderson, Burtenshaw,
Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure,
Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee,
Lodge, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen,
Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams,
NAYS -- None
Absent and excused -- None
Floor Sponsor -- Dunklin
Title apvd - to House
03/20 To enrol
03/21 Rpt enrol - Sp signed
Pres signed
03/22 To Governor
03/23 Governor signed
Session Law Chapter 144
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 247
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO COSTS OF MEDICAL EXAMS; AMENDING SECTION 19-5303, IDAHO CODE, TO
3 PROVIDE THAT COSTS OF MEDICAL EXAMS FOR ALLEGED VICTIMS OF SEXUAL ASSAULT
4 SHALL BE PAID FROM THE CRIME VICTIMS COMPENSATION ACCOUNT; AND AMENDING
5 SECTION 72-1019, IDAHO CODE, TO PROVIDE THE CRIME VICTIMS COMPENSATION
6 COMMISSION SHALL PROVIDE FOR PAYMENT OF COSTS OF MEDICAL EXAMS FOR ALLEGED
7 VICTIMS OF SEXUAL ASSAULT.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 19-5303, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 19-5303. COST OF MEDICAL EXAMS TO BE PAID BY LAW ENFORCEMENT AGENCY. When
12 the victim of any crime is directed or authorized by a law enforcement agency
13 to obtain a medical examination for the purpose of procuring evidence for use
14 by a law enforcement agency in the investigation or prosecution of the crime,
15 the expense incurred shall be paid by the law enforcement agency. Provided
16 however, the cost of forensic and/or medical examinations of alleged victims
17 of sexual assault shall be paid for from the crime victims compensation
18 account, as established by section 72-1009, Idaho Code. The provisions of this
19 section shall not be construed to require a law enforcement agency to bear the
20 expense of any medical treatment of the victim.
21 SECTION 2. That Section 72-1019, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 72-1019. COMPENSATION BENEFITS. (1) A claimant is entitled to weekly com-
24 pensation benefits when the claimant has a total actual loss of wages due to
25 injury as a result of criminally injurious conduct. During the time the claim-
26 ant seeks such weekly benefits, the claimant, as a result of such injury, must
27 have no reasonable prospect of being regularly employed in the normal labor
28 market. The weekly benefit amount is sixty-six and two-thirds percent (66
29 2/3%) of the wages received at the time of the criminally injurious conduct,
30 subject to a maximum of one hundred seventy-five dollars ($175). Weekly com-
31 pensation payments shall be made at the end of each two (2) week period. No
32 weekly compensation payments may be paid for the first week after the crimi-
33 nally injurious conduct occurred, but if total actual loss of wages continues
34 for one (1) week, weekly compensation payments shall be paid from the date the
35 wage loss began. Weekly compensation payments shall continue until the claim-
36 ant has a reasonable prospect of being regularly employed in the normal labor
37 market.
38 (2) The commission may order payment of reasonable expenses actually
39 incurred by the claimant for reasonable services by a physician or surgeon,
40 reasonable hospital services and medicines, mental health counseling and care,
41 and such other treatment as may be approved by the commission for the injuries
2
1 suffered due to criminally injurious conduct. Payment for the costs of foren-
2 sic and medical examinations of alleged victims of sexual assault performed
3 for the purposes of gathering evidence for possible prosecution, after collec-
4 tions from any third party who has liability, shall be made by the commission.
5 The commission shall establish a procedure for summary processing of such
6 claims.
7 (3) (a) The dependents of a victim who is killed as a result of crimi-
8 nally injurious conduct are entitled to receive aggregate weekly benefits
9 amounting to sixty-six and two-thirds percent (66 2/3%) of the wages
10 received at the time of the criminally injurious conduct causing the
11 death, subject to a maximum of one hundred seventy-five dollars ($175) per
12 week. Weekly compensation payments shall be made at the end of each two
13 (2) week period.
14 (b) Benefits under subsection (3)(a) of this section shall be paid to the
15 spouse for the benefit of the spouse and other dependents unless the com-
16 mission determines that other payment arrangements should be made. If a
17 spouse dies or remarries, benefits under subsection (3)(a) shall cease to
18 be paid to the spouse but shall continue to be paid to the other depend-
19 ents so long as their dependent status continues.
20 (4) Reasonable funeral and burial expenses of the victim, not exceeding
21 two thousand five hundred dollars ($2,500), shall be paid if all other collat-
22 eral sources have properly paid such expenses but have not covered all such
23 expenses.
24 (5) (a) Compensation payable to a victim and all of the victim's depend-
25 ents in cases of the victim's death, because of injuries suffered due to
26 an act of criminally injurious conduct may not exceed twenty-five thousand
27 dollars ($25,000) in the aggregate.
28 (b) The limitation of subsection (5)(a) of this section is subject to the
29 further limitation that payments for mental health treatment received as a
30 result of the victim's injury may not exceed two thousand five hundred
31 dollars ($2,500) unless the industrial commission finds extenuating cir-
32 cumstances pursuant to regulation of the industrial commission.
33 (6) Compensation benefits are not payable for pain and suffering or prop-
34 erty damage.
35 (7) (a) A person who has suffered injury as a result of criminally inju-
36 rious conduct and as a result of such injury has no reasonable prospect of
37 being regularly employed in the normal labor market, who was employable
38 but was not employed at the time of such injury, may in the discretion of
39 the commission be awarded weekly compensation benefits in an amount deter-
40 mined by the commission not to exceed one hundred fifty dollars ($150) per
41 week. Weekly compensation payments shall continue until the claimant has a
42 reasonable prospect of being regularly employed in the normal labor market
43 or for a shorter period as determined by the commission. The claimant
44 shall be awarded benefits as provided in subsection (2) of this section.
45 (b) The dependents of a victim who is killed as a result of criminally
46 injurious conduct and who was employable but not employed at the time of
47 death, may, in the discretion of the commission, be awarded, in an aggre-
48 gate amount payable to all dependents, a sum not to exceed one hundred
49 fifty dollars ($150) per week which shall be payable in the manner and for
50 the period provided by subsection (3)(b) of this section or for such
51 shorter period as determined by the commission. The claimant shall be
52 awarded benefits as provided in subsection (4) of this section.
53 (c) Compensation payable to a victim or a victim's dependents under this
54 subsection may not exceed twenty thousand dollars ($20,000), and the limi-
55 tations of subsection (6) apply to compensation under this subsection (7).
3
1 (8) Amounts payable as weekly compensation may not be commuted to a lump
2 sum and may not be paid less frequently than every two (2) weeks.
3 (9) (a) Subject to the limitations in subsection (9)(c) of this section,
4 the spouse, parent, child, brother, or sister of a victim who is killed as
5 a result of criminally injurious conduct is entitled to reimbursement for
6 mental health treatment received as a result of the victim's death.
7 (b) Subject to the limitations in subsection (9)(c) of this section, the
8 spouse, parent, child, brother or sister of a victim who is sexually
9 assaulted is entitled to reimbursement for mental health treatment
10 received as a result of the crime.
11 (c) Total payments made under subsections (9)(a) and (9)(b) of this sec-
12 tion, may not exceed five hundred dollars ($500) for each person or one
13 thousand five hundred dollars ($1,500) for a family.
14 (d) With regard to claims filed pursuant to this section, in order for
15 family members of victims of crime to be entitled to benefits, the victim
16 of the crime must also have been awarded benefits for the crime itself.
STATEMENT OF PURPOSE
RS 11056
The purpose of this legislation is to place the responsibility
for payment of forensic evidence collection in cases of sexual
assault within the Victims Compensation Fund.
FISCAL IMPACT
There is no fiscal impact to the general fund. Victims
Compensation funding comes from state and federal fines as well
as restitution assessed against criminal offenders by the courts.
The fund balance was 2.31 million in FYI 2000. Evidence
collection and processing in sexual assault averages from $450 to
$600. There were 107 rapes, 25 assaults, and 289 child sexual
assaults which filed for victims compensation benefits in 2000.
There were 677 sexual offense reports filed in the state of Idaho
in 1999. However, evidence collection in cases of adult sexual
assault is limited to 72 hours and it is not possible to identify
what proportion of these assaults would be impacted by this
change in funding mechanism. There would be an increase in the
state Medicaid match for victims who were Medicaid eligible.
After 2004, the fund could receive a 40% reimbursement from
Victims of Crimes Act (VOCA)grant.
Contact
Name: Rep. Margaret Henbest, Rep. Debbie Field
Phone:
332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 24