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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 injurious
49 conduct kidnapped, 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 death such criminally injurious con-
52 duct.
53 (b) Subject to the limitations in subsection (9)(c) of this section, the
54 spouse, parent, child, brother or sister of a victim who is sexually
55 assaulted is entitled to reimbursement for mental health treatment
3
1 received as a result of the crime.
2 (c) Total payments made under subsections (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