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S1038................................................by JUDICIARY AND RULES CRIME VICTIM BENEFITS - Amends existing law relating to crime victim compensation benefits to increase benefit amounts; to provide for the payment of benefits for cremation expenses and actual expenses of transportation of the victim's body; and to expand the eligibility for benefits paid as a result of criminally injurious conduct. 01/20 Senate intro - 1st rdg - to printing 01/21 Rpt prt - to Jud 02/07 Rpt out - rec d/p - to 2nd rdg 02/08 2nd rdg - to 3rd rdg 02/09 3rd rdg - PASSED - 33-0-2 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Coiner, Compton, Corder, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Marley, McGee, McKenzie, Noble, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- Cameron, Malepeai Floor Sponsor - Jorgenson Title apvd - to House 02/10 House intro - 1st rdg - to Jud 03/08 Rpt out - rec d/p - to 2nd rdg 03/09 2nd rdg - to 3rd rdg 03/15 3rd rdg - PASSED - 66-0-4 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart(Jacobson), Harwood, Henbest, Henderson, Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Rusche, Rydalch, Sali, Sayler, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker NAYS -- None Absent and excused -- Bedke, Moyle, Roberts, Schaefer Floor Sponsor - LeFavour Title apvd - to Senate 03/16 To enrol 03/17 Rpt enrol - Pres signed 03/18 Sp signed 03/21 To Governor 03/23 Governor signed Session Law Chapter 109 Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005 IN THE SENATE SENATE BILL NO. 1038 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO CRIME VICTIM COMPENSATION BENEFITS; AMENDING SECTION 72-1019, 3 IDAHO CODE, TO INCREASE BENEFIT AMOUNTS, TO PROVIDE FOR THE PAYMENT OF 4 BENEFITS FOR CREMATION EXPENSES AND ACTUAL EXPENSES OF TRANSPORTATION OF 5 THE VICTIM'S BODY, TO EXPAND THE ELIGIBILITY FOR BENEFITS PAID AS A RESULT 6 OF CRIMINALLY INJURIOUS CONDUCT AND TO MAKE TECHNICAL CHANGES. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 72-1019, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 72-1019. COMPENSATION BENEFITS. (1) A claimant is entitled to weekly com- 11 pensation benefits when the claimant has a total actual loss of wages due to 12 injury as a result of criminally injurious conduct. During the time the claim- 13 ant seeks such weekly benefits, the claimant, as a result of such injury, must 14 have no reasonable prospect of being regularly employed in the normal labor 15 market. The weekly benefit amount is sixty-six and two-thirds percent 16 (66 2/3%) of the wages received at the time of the criminally injurious con- 17 duct, subject to a maximum of one hundred seventy-five dollars ($175). Weekly 18 compensation payments shall be made at the end of each two (2) week period. No 19 weekly compensation payments may be paid for the first week after the crimi- 20 nally injurious conduct occurred, but if total actual loss of wages continues 21 for one (1) week, weekly compensation payments shall be paid from the date the 22 wage loss began. Weekly compensation payments shall continue until the claim- 23 ant has a reasonable prospect of being regularly employed in the normal labor 24 market. 25 (2) The commission may order payment of reasonable expenses actually 26 incurred by the claimant for reasonable services by a physician or surgeon, 27 reasonable hospital services and medicines, mental health counseling and care, 28 and such other treatment as may be approved by the commission for the injuries 29 suffered due to criminally injurious conduct. Payment for the costs of foren- 30 sic and medical examinations of alleged victims of sexual assault performed 31 for the purposes of gathering evidence for possible prosecution, after collec- 32 tions from any third party who has liability, shall be made by the commission. 33 The commission shall establish a procedure for summary processing of such 34 claims. 35 (3) (a) The dependents of a victim who is killed as a result of crimi- 36 nally injurious conduct are entitled to receive aggregate weekly benefits 37 amounting to sixty-six and two-thirds percent (66 2/3%) of the wages 38 received at the time of the criminally injurious conduct causing the 39 death, subject to a maximum of one hundred seventy-five dollars ($175) per 40 week. Weekly compensation payments shall be made at the end of each two 41 (2) week period. 42 (b) Benefits under subsection (3)(a) of this section shall be paid to the 43 spouse for the benefit of the spouse and other dependents unless the com- 2 1 mission determines that other payment arrangements should be made. If a 2 spouse dies or remarries, benefits under subsection (3)(a) shall cease to 3 be paid to the spouse but shall continue to be paid to the other depend- 4 ents so long as their dependent status continues. 5 (4) Reasonable funeral and burial or cremation expenses of the victim, 6 not exceeding two thousand five hundred dollars ($2,500)together with actual 7 expenses of transportation of the victim's body, shall be paid in an amount 8 not exceeding five thousand dollars ($5,000) if all other collateral sources 9 have properly paid such expenses but have not covered all such expenses. 10 (5) (a) Compensation payable to a victim and all of the victim's depend- 11 ents in cases of the victim's death, because of injuries suffered due to 12 an act or acts of criminally injurious conduct involving the same offender 13 and occurring within a six (6) month period, may not exceed twenty-five 14 thousand dollars ($25,000) in the aggregate. 15 (b) The limitation of subsection (5)(a) of this section is subject to the 16 further limitation that payments for mental health treatment received as a 17 result of the victim's injury may not exceed two thousand five hundred 18 dollars ($2,500) unless the industrial commission finds extenuating cir- 19 cumstances pursuant to regulation of the industrial commission. 20 (6) Compensation benefits are not payable for pain and suffering or prop- 21 erty damage. 22 (7) (a) A person who has suffered injury as a result of criminally inju- 23 rious conduct and as a result of such injury has no reasonable prospect of 24 being regularly employed in the normal labor market, who was employable 25 but was not employed at the time of such injury, may in the discretion of 26 the commission be awarded weekly compensation benefits in an amount deter- 27 mined by the commission not to exceed one hundred fifty dollars ($150) per 28 week. Weekly compensation payments shall continue until the claimant has a 29 reasonable prospect of being regularly employed in the normal labor market 30 or for a shorter period as determined by the commission. The claimant 31 shall be awarded benefits as provided in subsection (2) of this section. 32 (b) The dependents of a victim who is killed as a result of criminally 33 injurious conduct and who was employable but not employed at the time of 34 death, may, in the discretion of the commission, be awarded, in an aggre- 35 gate amount payable to all dependents, a sum not to exceed one hundred 36 fifty dollars ($150) per week which shall be payable in the manner and for 37 the period provided by subsection (3)(b) of this section or for such 38 shorter period as determined by the commission. The claimant shall be 39 awarded benefits as provided in subsection (4) of this section. 40 (c) Compensation payable to a victim or a victim's dependents under this 41 subsection may not exceed twenty thousand dollars ($20,000), and the limi- 42 tations of subsection (6) of this section apply to compensation under this 43 subsection (7). 44 (8) Amounts payable as weekly compensation may not be commuted to a lump 45 sum and may not be paid less frequently than every two (2) weeks. 46 (9) (a) Subject to the limitations in subsections (9)(b) and (9)(c) of 47 this section, the spouse, parent, grandparent, child, grandchild, brother ,48 or sister of a victim who is killed, as a result of criminally injurious49 conductkidnapped, sexually assaulted or subjected to domestic violence or 50 child injury is entitled to reimbursement for mental health treatment 51 received as a result of the victim's deathsuch criminally injurious con- 52 duct. 53 (b) Subject to the limitations in subsection (9)(c) of this section, the54 spouse, parent, child, brother or sister of a victim who is sexually55 assaulted is entitled to reimbursement for mental health treatment3 1 received as a result of the crime.2 (c)Total payments made under subsection s(9)(a) and (9)(b)of this sec- 3 tion, may not exceed five hundred dollars ($500) for each person or one 4 thousand five hundred dollars ($1,500) for a family. 5 ( dc) With regard to claims filed pursuant to this section, in order for 6 family members of victims of crime to be entitled to benefits, the victim 7 of the crime must also have been awarded benefits for the crime itself. 8 (10) A claimant or a spouse, parent, child or sibling of a claimant or 9 victim may be reimbursed for his or her expenses for necessary travel incurred 10 in connection with obtaining benefits covered pursuant to this chapter and in 11 accordance with rules of the commission.
STATEMENT OF PURPOSE RS 14379 Increases the funeral, burial, and cremation benefits under the Crime Victim's Compensation law for victims of violent crime in Idaho from $2,500 to $5,000 when they have no other source of funding. Expands eligibility for mental health treatment for family members of victims of violent crime in Idaho. Currently only family members of sexual assault victims or homicide victims are eligible for this benefit. This proposal will add the crimes of kidnapping, domestic violence, and child injury. The definition of family members eligible for this benefit is also expanded to include grandparents and grandchildren of the victim. FISCAL IMPACT Program is federally funded at 60% of state payments on behalf of victims. While proposal is expected to increase state spending, no General Fund money is used, as state matching money comes from fines and restitution payments from offenders through the criminal courts and reimbursement to the program through subrogation. Expenditure of these non-General Fund monies is estimated to increase by approximately $88,000 annually. (Funeral Expenses: $49,738; Family Assistance: $38,262) CONTACT Name: George Gutierrez Agency: Industrial Commission Phone: 334-6070 Statement of Purpose/Fiscal Impact S 1038