2001 Legislation
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HOUSE BILL NO. 247 – Sexual assault victim, medical exam

HOUSE BILL NO. 247

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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              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 / Fiscal Impact


                        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