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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
|||| 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
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