2002 Legislation
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HOUSE BILL NO. 623 – Crime victim compensation

HOUSE BILL NO. 623

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H0623................................by JUDICIARY, RULES AND ADMINISTRATION
CRIME VICTIM COMPENSATION - Amends existing law to provide that certain
records of the Industrial Commission shall be exempt from disclosure; to
provide that the commission may require additional documents to determine
compensation eligibility; to authorize health care providers to submit
certain information directly to the commission; to provide that
compensation due to certain injuries involving the same offender within a
six month period may not exceed twenty-five thousand dollars; and to
provide for reimbursement for travel expenses incurred in connection with
obtaining benefits.
                                                                        
02/12    House intro - 1st rdg - to printing
02/13    Rpt prt - to Jud
02/28    Rpt out - rec d/p - to 2nd rdg
03/01    2nd rdg - to 3rd rdg
04/03    3rd rdg - PASSED - 65-0-5
      AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black,
      Block, Boe, Bolz, Bradford, Bruneel, Campbell, Clark, Collins, Crow,
      Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
      Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins,
      Hornbeck, Jaquet, Jones, Kellogg(Duncan), Kendell, Kunz, Lake,
      Loertscher, Mader, McKague, Meyer, Montgomery, Mortensen, Moyle,
      Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison,
      Sali, Schaefer, Shepherd, Smith(33), Smith(23), Smylie, Stevenson,
      Stone, Tilman, Trail, Wheeler, Young, Mr. Speaker
      NAYS -- None
      Absent and excused -- Callister, Langford, Martinez, Sellman, Wood
    Floor Sponsor - Field(13)
    Title apvd - to Senate
03/05    Senate intro - 1st rdg - to Jud
03/11    Rpt out - rec d/p - to 2nd rdg
03/12    2nd rdg - to 3rd rdg
03/14    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
      Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure,
      Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia,
      Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder,
      Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Davis
    Title apvd - to House
03/15    To enrol - rpt enrol - Sp signed
    Pres signed
03/15    To Governor
03/20    Governor signed
         Session Law Chapter 136
         Effective: 07/01/02

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 623
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO CRIME VICTIMS COMPENSATION; AMENDING SECTION 9-340B,  IDAHO  CODE,
  3        TO  PROVIDE  THAT CERTAIN RECORDS OF THE INDUSTRIAL COMMISSION RELATING TO
  4        COMPENSATION FOR CRIME VICTIMS SHALL BE EXEMPT FROM DISCLOSURE AND TO MAKE
  5        A TECHNICAL CORRECTION; AMENDING SECTION 72-1003, IDAHO CODE,  TO  PROVIDE
  6        CODE REFERENCES; AMENDING SECTION 72-1004, IDAHO CODE, TO PROVIDE THAT THE
  7        COMMISSION MAY REQUIRE CLAIMANTS TO SIGN A RELEASE AND PROVIDE INFORMATION
  8        TO  DETERMINE  ELIGIBILITY  FOR  COMPENSATION  AND TO PROVIDE THAT CERTAIN
  9        INFORMATION SHALL BE KEPT CONFIDENTIAL; AMENDING  SECTION  72-1007,  IDAHO
 10        CODE,  TO  PROVIDE  THAT INFORMATION AND RECORDS RELATING TO CRIME VICTIMS
 11        COMPENSATION THAT ARE IN THE POSSESSION OF THE COMMISSION  SHALL  BE  KEPT
 12        CONFIDENTIAL  AND  EXEMPT  FROM  DISCLOSURE,  TO PROVIDE EXCEPTIONS TO THE
 13        EXEMPTION AND TO REMOVE LANGUAGE PROVIDING FOR THE  PUBLIC  INSPECTION  OF
 14        SUCH  DOCUMENTS  UNDER CERTAIN CONDITIONS; AMENDING SECTION 72-1014, IDAHO
 15        CODE, TO PROVIDE THAT THE COMMISSION MAY REQUIRE CLAIMANTS  TO  SUPPLEMENT
 16        APPLICATIONS WITH DOCUMENTS RELATING TO INJURIES OR CONDITIONS, TO PROVIDE
 17        THAT THE FAILURE TO PROVIDE SUCH DOCUMENTS MAY RESULT IN THE DENIAL OF THE
 18        CLAIMANT'S APPLICATION FOR COMPENSATION OR CLAIM FOR PAYMENT, TO AUTHORIZE
 19        HEALTH  CARE  PROVIDERS TO SUBMIT CERTAIN INFORMATION DIRECTLY TO THE COM-
 20        MISSION, TO MAKE GRAMMATICAL CORRECTIONS AND TO REMOVE  LANGUAGE  RELATING
 21        TO  PRIVILEGED  COMMUNICATIONS OR RECORDS; AMENDING SECTION 72-1016, IDAHO
 22        CODE, TO PROVIDE A CODE REFERENCE; AND  AMENDING  SECTION  72-1019,  IDAHO
 23        CODE,  TO PROVIDE THAT COMPENSATION DUE TO INJURIES SUFFERED DUE TO AN ACT
 24        OR ACTS OF CRIMINALLY INJURIOUS CONDUCT INVOLVING THE  SAME  OFFENDER  AND
 25        OCCURRING  WITHIN  A  SIX MONTH PERIOD MAY NOT EXCEED TWENTY-FIVE THOUSAND
 26        DOLLARS IN THE AGGREGATE, TO PROVIDE FOR REIMBURSEMENT  FOR  EXPENSES  FOR
 27        NECESSARY  TRAVEL  INCURRED  IN CONNECTION WITH OBTAINING CERTAIN BENEFITS
 28        AND TO MAKE A TECHNICAL CORRECTION.
                                                                        
 29    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 30        SECTION 1.  That Section 9-340B, Idaho Code, be, and the  same  is  hereby
 31    amended to read as follows:
                                                                        
 32        9-340B.  RECORDS EXEMPT FROM DISCLOSURE -- LAW ENFORCEMENT RECORDS, INVES-
 33    TIGATORY RECORDS OF AGENCIES, WORKER'S COMPENSATION. The following records are
 34    exempt from disclosure:
 35        (1)  Investigatory records of a law enforcement agency, as defined in sec-
 36    tion  9-337(6),  Idaho  Code, under the conditions set forth in section 9-335,
 37    Idaho Code.
 38        (2)  Juvenile records of a person maintained pursuant to chapter 5,  title
 39    20, Idaho Code, except that facts contained in such records shall be furnished
 40    upon  request  in a manner determined by the court to persons and governmental
 41    and private agencies and institutions conducting pertinent research studies or
 42    having a legitimate interest in the protection, welfare and treatment  of  the
 43    juvenile  who  is  thirteen  (13)  years of age or younger. If the juvenile is
                                                                        
                                           2
                                                                        
  1    petitioned or charged with  an offense which would be a  criminal  offense  if
  2    committed  by an adult, the name, offense of which the juvenile was petitioned
  3    or charged and disposition of the court shall be subject to disclosure as pro-
  4    vided in section 20-525, Idaho Code.  Additionally,  facts  contained  in  any
  5    records  of a juvenile maintained under chapter 5, title 20, Idaho Code, shall
  6    be furnished upon request  to  any  school  district  where  the  juvenile  is
  7    enrolled or is seeking enrollment.
  8        (3)  (a)  The following records of the department of correction:
  9             (i)   Records of which the public interest in confidentiality, public
 10             safety,    security  and  habilitation  clearly  outweighs the public
 11             interest in disclosure as identified pursuant to the authority of the
 12             Idaho board of correction under section 20-212, Idaho Code;
 13             (ii)  Records that contain any identifying information, or any infor-
 14             mation that would lead to the identification of any victims  or  wit-
 15             nesses;
 16             (iii) Records  that  reflect  future  transportation or movement of a
 17             prisoner;
 18             (iv)  Records gathered during the course of the presentence  investi-
 19             gation;
 20             (v)   Records  of  a  prisoner, as defined in section 9-337(9), Idaho
 21             Code, or probationer shall not be disclosed to any other prisoner  or
 22             probationer.
 23        (b)  Operation  and  security  manuals, plans or codes of county jails and
 24        buildings owned or leased by Idaho state government, a county or  a  city.
 25        "Operation  manuals"  are those internal documents of any state government
 26        agency, county or city building or jail that define  the  procedures  uti-
 27        lized  to  maintain security within the building or jail. "Plans or codes"
 28        relate only to those documents, the release of which could jeopardize  the
 29        safety  of workers, visitors or prisoners in those buildings, or adversely
 30        affect the public safety.
 31        (c)  Records of the commission of pardons and parole shall be exempt  from
 32        public  disclosure  pursuant  to  section 20-213A, Idaho Code, and section
 33        20-223, Idaho Code. Records exempt  from  disclosure  shall  also  include
 34        those containing the names, addresses and written statements of victims.
 35        (4)  Voting records of the sexual offender classification board. In accor-
 36    dance  with  section  18-8315,  Idaho  Code, the written record of the vote to
 37    classify an offender as a violent sexual predator by each board member in each
 38    case reviewed by that board member shall be exempt from disclosure to the pub-
 39    lic and shall be made available upon request only to the governor, the  chair-
 40    man of the senate judiciary and rules committee, and the chairman of the house
 41    of representatives judiciary, rules and administration committee, for all law-
 42    ful purposes.
 43        (5)  Records  of  the sheriff or Idaho state police received or maintained
 44    pursuant to section 18-3302, Idaho Code, relating to an applicant or licensee.
 45        (6)  Records of investigations prepared by the department  of  health  and
 46    welfare pursuant to its statutory responsibilities dealing with the protection
 47    of children, the rehabilitation of youth, adoptions and the commitment of men-
 48    tally ill persons.
 49        (7)  Records including, but not limited to, investigative reports, result-
 50    ing  from  investigations  conducted into complaints of discrimination made to
 51    the Idaho human rights commission  unless  the  public  interest  in  allowing
 52    inspection and copying of such records outweighs the legitimate public or pri-
 53    vate  interest  in  maintaining  confidentiality of such records. A person may
 54    inspect and copy documents from an investigative file to which he or she is  a
 55    named  party if such documents are not otherwise prohibited from disclosure by
                                                                        
                                           3
                                                                        
  1    federal law or regulation or state law. The confidentiality of this subsection
  2    will no longer apply to any record used in any judicial proceeding brought  by
  3    a  named party to the complaint or investigation, or by the Idaho human rights
  4    commission, relating to the complaint of discrimination.
  5        (8)  Records containing information obtained by the manager of  the  Idaho
  6    state  insurance fund pursuant to chapter 9, title 72, Idaho Code, from  or on
  7    behalf of employers or employees contained in underwriting and claims for ben-
  8    efits files.
  9        (9)  The worker's compensation records of the Idaho industrial  commission
 10    provided that the industrial commission shall make such records available:
 11        (a)  To  the  parties in any worker's compensation claim and to the indus-
 12        trial special indemnity fund of the state of Idaho; or
 13        (b)  To employers and prospective employers subject to the  provisions  of
 14        the  Americans  with disabilities act, 42 U.S.C. 12112, or other statutory
 15        limitations, who certify that the  information  is  being  requested  with
 16        respect  to a worker to whom the employer has extended an offer of employ-
 17        ment and will be used in accordance with the provisions of  the  Americans
 18        with disabilities act, 42 U.S.C. 12112, or other statutory limitations; or
 19        (c)  To  employers and prospective employers not subject to the provisions
 20        of the Americans with disabilities act, 42 U.S.C. 12112, or  other  statu-
 21        tory  limitations,  provided the employer presents a written authorization
 22        from the person to whom the records pertain; or
 23        (d)  To others who  demonstrate  that  the  public  interest  in  allowing
 24        inspection  and  copying  of  such records outweighs the public or private
 25        interest in maintaining the confidentiality of such records, as determined
 26        by a civil court of competent jurisdiction.
 27        (10) Records of investigations compiled by the commission on aging involv-
 28    ing vulnerable adults, as defined in section 18-1505, Idaho Code,  alleged  to
 29    be abused, neglected or exploited.
 30        (11) Criminal  history  records  and  fingerprints,  as defined by section
 31    67-3001, Idaho Code, and compiled by the  Idaho  state  police.  Such  records
 32    shall be released only in accordance with chapter 30, title 67, Idaho Code.
 33        (12) Records  furnished  or  obtained  pursuant  to section 41-1019, Idaho
 34    Code, regarding termination of an appointment, employment, contract  or  other
 35    insurance business relationship between an insurer and a producer.
 36        (123) Records of a prisoner or former prisoner in the custody of any state
 37    or  local  correctional facility, when the request is made by another prisoner
 38    in the custody of any state or local correctional facility.
 39        (14) Except as provided in section 72-1007, Idaho  Code,  records  of  the
 40    Idaho  industrial  commission relating to compensation for crime victims under
 41    chapter 10, title 72, Idaho Code.
                                                                        
 42        SECTION 2.  That Section 72-1003, Idaho Code, be, and the same  is  hereby
 43    amended to read as follows:
                                                                        
 44        72-1003.  DEFINITIONS. As used in this chapter:
 45        (1)  "Claimant"  means  any  of  the following claiming compensation under
 46    this chapter:
 47        (a)  A victim;
 48        (b)  A dependent of a deceased victim; or
 49        (c)  An authorized person acting on  behalf  of  any  of  them,  including
 50        parent(s), legal guardian(s), and sibling(s), of a victim who is a minor.
 51        (2)  "Collateral  source"  means  a source of benefits, other than welfare
 52    benefits, or advantages for economic loss  otherwise  compensable  under  this
 53    chapter  which  the claimant has received or which is readily available to him
                                                                        
                                           4
                                                                        
  1    from:
  2        (a)  The offender;
  3        (b)  The government of the United States or any agency thereof, a state or
  4        any of its political subdivisions, or an instrumentality  of  two  (2)  or
  5        more states, unless the law providing for the benefits or advantages makes
  6        them excess or secondary to benefits under this chapter;
  7        (c)  Social security, medicare, and medicaid;
  8        (d)  Worker's compensation;
  9        (e)  Wage continuation programs of any employer;
 10        (f)  Proceeds  of a contract of insurance payable to the claimant for loss
 11        which was sustained because of the criminally injurious conduct; or
 12        (g)  A contract, including an insurance contract, providing  hospital  and
 13        other  health  care services or benefits for disability. Any such contract
 14        in this state may not provide that benefits under this chapter shall be  a
 15        substitute  for benefits under the contract or that the contract is a sec-
 16        ondary source of benefits and benefits under this chapter  are  a  primary
 17        source.
 18        (3)  "Commission" means the industrial commission.
 19        (4)  "Criminally  injurious  conduct" means intentional, knowing, or reck-
 20    less conduct that:
 21        (a)  Occurs or is attempted in this state or occurs outside the  state  of
 22        Idaho  against  a  resident  of the state of Idaho and which occurred in a
 23        state which does not have a crime victims compensation program  for  which
 24        the victim is eligible as eligibility is set forth in this statute;
 25        (b)  Constitutes an act of terrorism as defined by 18 U.S.C. 2331, commit-
 26        ted outside the United States against a resident of this state;
 27        (c)  Results in injury or death; and
 28        (d)  Is  punishable by fine, imprisonment, or death or would be so punish-
 29        able but for the fact that the  person  engaging  in  the  conduct  lacked
 30        capacity  to  commit  the  crime  under the laws of this state. Criminally
 31        injurious conduct does not include conduct arising out of  the  ownership,
 32        maintenance,  or use of a motor vehicle except when intended to cause per-
 33        sonal injury or death; provided that criminally  injurious  conduct  shall
 34        include  violations  of  the  provisions of section 18-4006 3(b), 18-8004,
 35        18-8006, 18-8007, 67-7027, 67-7034 or 67-7035, Idaho Code.
 36        (5)  "Dependent" means a natural person who is recognized under the law of
 37    this state to be wholly or partially dependent upon the  victim  for  care  or
 38    support and includes a child if under the age of eighteen (18) or incapable of
 39    self-support and unmarried and includes a child of the victim conceived before
 40    the  victim's  death but born after the victim's death, including a child that
 41    is conceived as a result of the criminally injurious conduct.
 42        (6)  "Injury" means actual bodily harm or disfigurement and, with  respect
 43    to a victim, includes pregnancy, venereal disease, mental or nervous shock, or
 44    extreme  mental  distress.  For  the purposes of this chapter, "extreme mental
 45    distress" means  a  substantial  personal  disorder  of  emotional  processes,
 46    thought  or cognition which impairs judgment, behavior or ability to cope with
 47    the ordinary demands of life.
 48        (7)  "Victim" means a person who suffers injury or death as a result of:
 49        (a)  Criminally injurious conduct;
 50        (b)  His good faith effort to prevent criminally injurious conduct; or
 51        (c)  His good faith effort to apprehend a person reasonably  suspected  of
 52        engaging in criminally injurious conduct.
 53        (8)  "Welfare  benefits"  as used in subsection (2) of this section, shall
 54    include sums payable to or on behalf of an indigent person under  chapter  35,
 55    title 31, Idaho Code.
                                                                        
                                           5
                                                                        
  1        SECTION  3.  That  Section 72-1004, Idaho Code, be, and the same is hereby
  2    amended to read as follows:
                                                                        
  3        72-1004.  POWERS AND DUTIES OF COMMISSION. (1) The commission shall:
  4        (a)  Adopt rules to implement this chapter in compliance with chapter  52,
  5        title 67, Idaho Code;
  6        (b)  Prescribe forms for applications for compensation; and
  7        (c)  Determine all matters relating to claims for compensation.
  8        (2)  The commission may:
  9        (a)  Request  and  obtain  from  prosecuting attorneys and law enforcement
 10        officers investigations and data to enable  the  commission  to  determine
 11        whether  and  the extent to which a claimant qualifies for compensation. A
 12        statute providing confidentiality for a claimant's juvenile court  records
 13        does not apply to proceedings under this chapter;
 14        (b)  Subpoena  witnesses  and other prospective evidence, administer oaths
 15        or affirmations, conduct hearings,  and  receive  relevant,  nonprivileged
 16        evidence;
 17        (c)  Take  notice  of  judicially cognizable facts and general, technical,
 18        and scientific facts within its specialized knowledge;
 19        (d)  Require that law enforcement agencies and officials  take  reasonable
 20        care  that victims be informed about the existence of this chapter and the
 21        procedure for applying for compensation under this chapter; and
 22        (e)  Require that any person contracting directly or  indirectly  with  an
 23        individual  formally  charged  with or convicted of a qualifying crime for
 24        any rendition, interview, statement, or article relating to such crime  to
 25        deposit  any  proceeds owed to such individual under the terms of the con-
 26        tract into an escrow fund for the benefit of any victims of the qualifying
 27        crime or any surviving dependents of the victim,  if  such  individual  is
 28        convicted of that crime, to be held for such period of time as the commis-
 29        sion  may  determine  is reasonably necessary to perfect the claims of the
 30        victims or dependents. If, after all funds due the victim have  been  paid
 31        to  the  victim  under  this section, there remain additional funds in the
 32        escrow account, such funds shall be returned to the crime victims  compen-
 33        sation account; and
 34        (f)  Require claimants to sign a release and provide information to deter-
 35        mine  eligibility  for  compensation  under  this chapter. Any information
 36        received by the commission pursuant to this subsection shall be kept  con-
 37        fidential except as provided in section 72-1007, Idaho Code.
                                                                        
 38        SECTION  4.  That  Section 72-1007, Idaho Code, be, and the same is hereby
 39    amended to read as follows:
                                                                        
 40        72-1007.  PUBLIC INSPECTION AND DISCLOSURE OF  COMMISSION'S  RECORDS.  The
 41    information  and  records  the  commission  maintains in its possession in the
 42    administration of this chapter are open to  public  inspection  in  accordance
 43    with  the  provisions of section 59-1009, Idaho Code, provided that all copies
 44    of reports of law enforcement agencies, hospitals, physicians,  mental  health
 45    counselors  and  any  other  person providing treatment to the victim shall be
 46    subject to disclosure according to chapter 3, title 9, Idaho Code, except that
 47    shall be kept confidential and are exempt from public disclosure under chapter
 48    3, title 9, Idaho Code, provided however:
 49        (1)  Dduring the commission's regular office hours any  claimant,  or  his
 50    attorney or authorized representative, may examine all files maintained by the
 51    commission in connection with his application for compensation;
 52        (2)  Upon an adequate showing to the court in a separate civil or criminal
                                                                        
                                           6
                                                                        
  1    action  that  the  specific  information or records are not obtainable through
  2    diligent effort from any  independent  source,  the  court  may  inspect  such
  3    records  in  camera to determine whether the public interest in disclosing the
  4    records outweighs the public or private interest in maintaining the  confiden-
  5    tiality of such records;
  6        (3)  Information and records maintained by the commission may be disclosed
  7    to public employees and officials in the performance of their official duties;
  8    and
  9        (4)  Information and records maintained by the commission may be disclosed
 10    to health care providers who are:
 11        (a)  Treating  or  examining victims claiming benefits under this chapter;
 12        or
 13        (b)  Giving medical advice to the commission regarding any claim.
                                                                        
 14        SECTION 5.  That Section 72-1014, Idaho Code, be, and the same  is  hereby
 15    amended to read as follows:
                                                                        
 16        72-1014.  EVIDENCE OF CONDITION. (1) The commission may require the claim-
 17    ant  to  supplement  the  application  with  any  reasonably available medical
 18    reports or other documents relating to the injury or condition for which  com-
 19    pensation is claimed. Failure to provide the requested supporting documents or
 20    reports  may  result in the denial of the claimant's application for compensa-
 21    tion or claim for payment. Health care  providers  are  authorized  to  submit
 22    directly  to  the  commission,  pursuant to the claimant's original release as
 23    provided in the application for compensation, any information that is required
 24    to support a claimant's application or that is necessary to  process  a  claim
 25    for payment.
 26        (2)  If  the physical or mental condition of a victim or claimant is mate-
 27    rial to a claim, the commission may order the victim  or  claimant  to  submit
 28    from  time  to  time to an examination by a physician or other licensed health
 29    professional or may order an autopsy of  a  deceased  victim.  The  commission
 30    shall  pay  for such examination or autopsy. The order shall specify the time,
 31    place, manner, conditions, and scope of the examination  or  autopsy  and  the
 32    person  by whom it is to be made and shall require the person to file with the
 33    commission a detailed written report of the examination or autopsy. The report
 34    shall set out his findings, including results of all  tests  made,  diagnoses,
 35    prognoses,  and  other  conclusions and reports of earlier examinations of the
 36    same conditions. On request of the person examined, the commission shall  fur-
 37    nish  him  a copy of the report to him. If the victim is deceased, the commis-
 38    sion, on request, shall furnish the claimant a  copy  of  the  report  to  the
 39    claimant.
 40        (3)  There  is  no privilege, except privileges arising from the attorney-
 41    client relationship or counselor-client relationship, as to communications  or
 42    records relevant to an issue of the physical condition of the claimant or vic-
 43    tim in a proceeding under this chapter in which that condition is an element.
                                                                        
 44        SECTION  6.  That  Section 72-1016, Idaho Code, be, and the same is hereby
 45    amended to read as follows:
                                                                        
 46        72-1016.  LIMITATIONS ON AWARDS.  (1)  Compensation  may  not  be  awarded
 47    unless  the  claim  is filed with the commission within one (1) year after the
 48    day the criminally injurious conduct occurred causing the injury or death upon
 49    which the claim is based. The time  for filing a claim may be extended by  the
 50    commission for good cause shown.
 51        (2)  Compensation  may not be awarded to a claimant who is the offender or
                                                                        
                                           7
                                                                        
  1    an accomplice of the offender or to any claimant if the award  would  unjustly
  2    benefit the offender or accomplice.
  3        (3)  Compensation  may not be awarded unless the criminally injurious con-
  4    duct resulting in injury or death was reported to a  law  enforcement  officer
  5    within  seventy-two  (72)  hours  after its occurrence or the commission finds
  6    there was good cause for the failure to report within that time.
  7        (4)  In order to be entitled to benefits under this  chapter,  a  claimant
  8    must  fully cooperate with all law enforcement agencies and prosecuting attor-
  9    neys in the apprehension and prosecution of the offender  causing  the  crimi-
 10    nally  injurious  conduct.   The commission, upon finding that the claimant or
 11    victim has not fully cooperated with appropriate law enforcement  agencies  or
 12    prosecuting attorneys, may deny or reconsider and reduce an award of compensa-
 13    tion.
 14        (5)  Compensation  otherwise  payable  to  a  claimant shall be reduced or
 15    denied to the extent the compensation benefits payable are or can be  recouped
 16    from collateral sources.
 17        (6)  Persons  serving  a sentence of imprisonment or residing in any other
 18    public institution which provides for the maintenance of such person  are  not
 19    entitled to the benefits of this chapter.
 20        (7) (a)  Compensation  may  be denied or reduced if the victim contributed
 21        to the infliction of death or injury with respect to which  the  claim  is
 22        made.  Any reduction in benefits under this subsection shall be in propor-
 23        tion to what the commission finds to be the victim's contribution  to  the
 24        infliction of death or injury.
 25        (b)  Compensation  otherwise  payable  to  a  claimant shall be reduced by
 26        fifty percent (50%) if at the time the injury was  incurred  claimant  was
 27        engaged  in  a  felony  or was in violation of section 18-8004 or 67-7034,
 28        Idaho Code, and compensation otherwise payable may be further reduced pur-
 29        suant to regulation of the industrial  commission  if  claimant's  actions
 30        contributed to the injury.
                                                                        
 31        SECTION  7.  That  Section 72-1019, Idaho Code, be, and the same is hereby
 32    amended to read as follows:
                                                                        
 33        72-1019.  COMPENSATION BENEFITS. (1) A claimant is entitled to weekly com-
 34    pensation benefits when the claimant has a total actual loss of wages  due  to
 35    injury as a result of criminally injurious conduct. During the time the claim-
 36    ant seeks such weekly benefits, the claimant, as a result of such injury, must
 37    have  no reasonable prospect of being regularly employed  in  the normal labor
 38    market.  The  weekly  benefit  amount  is  sixty-six  and  two-thirds  percent
 39    (66 2/3%) of the wages received at the time of the criminally  injurious  con-
 40    duct,  subject to a maximum of one hundred seventy-five dollars ($175). Weekly
 41    compensation payments shall be made at the end of each two (2) week period. No
 42    weekly compensation payments may be paid for the first week after  the  crimi-
 43    nally  injurious conduct occurred, but if total actual loss of wages continues
 44    for one (1) week, weekly compensation payments shall be paid from the date the
 45    wage loss began. Weekly compensation payments shall continue until the  claim-
 46    ant  has a reasonable prospect of being regularly employed in the normal labor
 47    market.
 48        (2)  The commission may order  payment  of  reasonable  expenses  actually
 49    incurred  by  the  claimant for reasonable services by a physician or surgeon,
 50    reasonable hospital services and medicines, mental health counseling and care,
 51    and such other treatment as may  be approved by the commission for  the  inju-
 52    ries  suffered  due  to criminally injurious conduct. Payment for the costs of
 53    forensic and medical examinations of alleged victims of  sexual  assault  per-
                                                                        
                                           8
                                                                        
  1    formed  for the purposes of gathering evidence for possible prosecution, after
  2    collections from any third party who has liability, shall be made by the  com-
  3    mission.  The commission shall establish a procedure for summary processing of
  4    such claims.
  5        (3)  (a) The dependents of a victim who is killed as a  result  of  crimi-
  6        nally  injurious conduct are entitled to receive aggregate weekly benefits
  7        amounting to sixty-six and  two-thirds  percent  (66 2/3%)  of  the  wages
  8        received  at  the  time  of  the  criminally injurious conduct causing the
  9        death, subject to a maximum of one hundred seventy-five dollars ($175) per
 10        week. Weekly compensation payments shall be made at the end  of  each  two
 11        (2) week period.
 12        (b)  Benefits under subsection (3)(a) of this section shall be paid to the
 13        spouse  for the benefit of the spouse and other dependents unless the com-
 14        mission determines that other payment arrangements should be  made.  If  a
 15        spouse  dies or remarries, benefits under subsection (3)(a) shall cease to
 16        be paid to the spouse but shall continue to be paid to the  other  depend-
 17        ents so long as their dependent status continues.
 18        (4)  Reasonable  funeral  and burial expenses of the victim, not exceeding
 19    two thousand five hundred dollars ($2,500), shall be paid if all other collat-
 20    eral sources have properly paid such expenses but have not  covered  all  such
 21    expenses.
 22        (5)  (a) Compensation  payable to a victim and all of the victim's depend-
 23        ents in cases of the victim's death, because of injuries suffered  due  to
 24        an act or acts of criminally injurious conduct involving the same offender
 25        and  occurring  within  a six (6) month period, may not exceed twenty-five
 26        thousand dollars ($25,000) in the aggregate.
 27        (b)  The limitation of subsection (5)(a) of this section is subject to the
 28        further limitation that payments for mental health treatment received as a
 29        result of the victim's injury may not exceed  two  thousand  five  hundred
 30        dollars  ($2,500)  unless the industrial commission finds extenuating cir-
 31        cumstances pursuant to regulation of the industrial commission.
 32        (6)  Compensation benefits are not payable for pain and suffering or prop-
 33    erty damage.
 34        (7)  (a) A person who has suffered injury as a result of criminally  inju-
 35        rious conduct and as a result of such injury has no reasonable prospect of
 36        being  regularly  employed  in the normal labor market, who was employable
 37        but was not employed at the time of such injury, may in the discretion  of
 38        the commission be awarded weekly compensation benefits in an amount deter-
 39        mined by the commission not to exceed one hundred fifty dollars ($150) per
 40        week. Weekly compensation payments shall continue until the claimant has a
 41        reasonable prospect of being regularly employed in the normal labor market
 42        or  for  a  shorter  period  as determined by the commission. The claimant
 43        shall be awarded benefits as provided in subsection (2) of this section.
 44        (b)  The dependents of a victim who is killed as a  result  of  criminally
 45        injurious  conduct  and who was employable but not employed at the time of
 46        death, may, in the discretion of the commission, be awarded, in an  aggre-
 47        gate  amount  payable  to  all dependents, a sum not to exceed one hundred
 48        fifty dollars ($150) per week which shall be payable in the manner and for
 49        the period provided by subsection (3)(b)  of  this  section  or  for  such
 50        shorter  period  as  determined  by  the commission. The claimant shall be
 51        awarded benefits as provided in subsection (4) of this section.
 52        (c)  Compensation payable to a victim or a victim's dependents under  this
 53        subsection may not exceed twenty thousand dollars ($20,000), and the limi-
 54        tations of subsection (6) of this section apply to compensation under this
 55        subsection (7).
                                                                        
                                           9
                                                                        
  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.
 17        (10) A claimant or a spouse, parent, child or sibling  of  a  claimant  or
 18    victim may be reimbursed for his or her expenses for necessary travel incurred
 19    in  connection with obtaining benefits covered pursuant to this chapter and in
 20    accordance with rules of the commission.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                            RS 11864

This legislation will amend Section 9-340B, Idaho Code, to exempt
the records maintained by the Industrial Commission under the
Crime Victims Compensation Act from disclosure under the Public
Records Act.  This exemption will help protect the privacy rights
of crime victims, as guaranteed by Section 22, Article I of the
Idaho Constitution, by preventing the disclosure of information
related to the victimization, medical treatment, or mental health
treatment of victims, except as provided by Section 72-1007,
Idaho Code.
                          FISCAL IMPACT

As the crime victims compensation account is self-supporting from
federal grants, criminal fines, restitution from offenders and
reimbursement from collateral sources paid to victims, these
amendments will have no fiscal impact on the general fund or
other government funds.


Contact
Name: Tom Limbaugh, Industrial Comm. 
Phone: 334-6020
Representative Debbie Field    332-1000



STATEMENT OF PURPOSE/FISCAL NOTE                       H 623