2006 Legislation
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SENATE BILL NO. 1414 – Crime victim, mental health benefit


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Bill Status

S1414................................................by JUDICIARY AND RULES
CRIME VICTIMS - Amends existing law relating to crime victim compensation
to define "extenuating circumstances"; to provide that a victim found to
have extenuating circumstances is eligible for a maximum mental health
benefit of $25,000; and to provide for reevaluation of qualifications.
02/21    Senate intro - 1st rdg - to printing
02/22    Rpt prt - to Jud
03/02    Rpt out - rec d/p - to 2nd rdg
03/03    2nd rdg - to 3rd rdg
03/07    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Cameron,
      Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
      Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
      Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder,
      Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Burtenshaw
    Floor Sponsors - Jorgenson & Langhorst
    Title apvd - to House
03/08    House intro - 1st rdg - to Jud
03/16    Rpt out - rec d/p - to 2nd rdg
03/17    2nd rdg - to 3rd rdg
03/24    3rd rdg - PASSED - 58-4-8
      AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bell, Bilbao,
      Black, Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon,
      Clark, Collins, Deal, Edmunson, Ellsworth, Eskridge, Field(18),
      Field(23), Garrett, Hart, Henbest, Henderson, Jaquet, Kemp, LeFavour,
      Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell,
      Moyle, Nielsen, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts,
      Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shirley,
      Skippen, Smith(30), Smylie, Snodgrass, Trail, Mr. Speaker
      NAYS -- Barrett, Harwood, Shepherd(8), Wood
      Absent and excused -- Bedke, Crow, Denney, Lake, Nonini, Smith(24),
      Stevenson, Wills
    Floor Sponsor - Henbest
    Title apvd - to Senate
03/27    To enrol
03/28    Rpt enrol - Pres signed
03/29    Sp signed
03/30    To Governor
03/31    Governor signed
         Session Law Chapter 291
         Effective: 07/01/05

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                       IN THE SENATE
                                    SENATE BILL NO. 1414
                              BY JUDICIARY AND RULES COMMITTEE
  1                                        AN ACT
  8    Be It Enacted by the Legislature of the State of Idaho:
  9        SECTION 1.  That Section 72-1003, Idaho Code, be, and the same  is  hereby
 10    amended to read as follows:
 11        72-1003.  DEFINITIONS. As used in this chapter:
 12        (1)  "Claimant"  means  any  of  the following claiming compensation under
 13    this chapter:
 14        (a)  A victim;
 15        (b)  A dependent of a deceased victim; or
 16        (c)  An authorized person acting on  behalf  of  any  of  them,  including
 17        parent(s), legal guardian(s), and sibling(s), of a victim who is a minor.
 18        (2)  "Collateral  source"  means  a source of benefits, other than welfare
 19    benefits, or advantages for economic loss  otherwise  compensable  under  this
 20    chapter  which  the claimant has received or which is readily available to him
 21    from:
 22        (a)  The offender;
 23        (b)  The government of the United States or any agency thereof, a state or
 24        any of its political subdivisions, or an instrumentality  of  two  (2)  or
 25        more states, unless the law providing for the benefits or advantages makes
 26        them excess or secondary to benefits under this chapter;
 27        (c)  Social security, medicare, and medicaid;
 28        (d)  Worker's compensation;
 29        (e)  Wage continuation programs of any employer;
 30        (f)  Proceeds  of a contract of insurance payable to the claimant for loss
 31        which was sustained because of the criminally injurious conduct; or
 32        (g)  A contract, including an insurance contract, providing  hospital  and
 33        other  health  care services or benefits for disability. Any such contract
 34        in this state may not provide that benefits under this chapter shall be  a
 35        substitute  for benefits under the contract or that the contract is a sec-
 36        ondary source of benefits and benefits under this chapter  are  a  primary
 37        source.
 38        (3)  "Commission" means the industrial commission.
 39        (4)  "Criminally  injurious  conduct" means intentional, knowing, or reck-
 40    less conduct that:
 41        (a)  Occurs or is attempted in this state or occurs outside the  state  of
 42        Idaho  against  a  resident  of the state of Idaho and which occurred in a
 43        state which does not have a crime victims compensation program  for  which
  1        the victim is eligible as eligibility is set forth in this statute;
  2        (b)  Constitutes an act of terrorism as defined by 18 U.S.C. 2331, commit-
  3        ted  outside the United States against a resident of this state;
  4        (c)  Results in injury or death; and
  5        (d)  Is  punishable by fine, imprisonment, or death or would be so punish-
  6        able but for the fact that the  person  engaging  in  the  conduct  lacked
  7        capacity  to  commit  the  crime  under the laws of this state. Criminally
  8        injurious conduct does not include conduct arising out of  the  ownership,
  9        maintenance,  or use of a motor vehicle except when intended to cause per-
 10        sonal injury or death; provided that criminally  injurious  conduct  shall
 11        include  violations  of  the  provisions of section 18-4006 3(b), 18-8004,
 12        18-8006, 18-8007, 67-7027, 67-7034 or 67-7035, Idaho Code.
 13        (5)  "Dependent" means a natural person who is recognized under the law of
 14    this state to be wholly or partially dependent upon the  victim  for  care  or
 15    support  and includes a child if under the age of eighteen (18) years or inca-
 16    pable of self-support and unmarried and includes a child of  the  victim  con-
 17    ceived  before the victim's death but born after the victim's death, including
 18    a child that is conceived as a result of the criminally injurious conduct.
 19        (6)  "Extenuating circumstances" means that a victim requires further men-
 20    tal health treatment due to trauma arising out of covered criminal conduct  in
 21    order to perform major life functions or the activities of daily living.
 22        (7)  "Injury"  means actual bodily harm or disfigurement and, with respect
 23    to a victim, includes pregnancy, venereal disease, mental or nervous shock, or
 24    extreme mental distress. For the purposes of  this  chapter,  "extreme  mental
 25    distress"  means  a  substantial  personal  disorder  of  emotional processes,
 26    thought or cognition which impairs judgment, behavior or ability to cope  with
 27    the ordinary demands of life.
 28        (78)  "Victim" means a person who suffers injury or death as a result of:
 29        (a)  Criminally injurious conduct;
 30        (b)  His good faith effort to prevent criminally injurious conduct; or
 31        (c)  His  good  faith effort to apprehend a person reasonably suspected of
 32        engaging in criminally injurious conduct.
 33        (89)  "Welfare benefits" as used in subsection (2) of this section,  shall
 34    include  sums  payable to or on behalf of an indigent person under chapter 35,
 35    title 31, Idaho Code.
 36        SECTION 2.  That Section 72-1019, Idaho Code, be, and the same  is  hereby
 37    amended to read as follows:
 38        72-1019.  COMPENSATION BENEFITS. (1) A claimant is entitled to weekly com-
 39    pensation  benefits  when the claimant has a total actual loss of wages due to
 40    injury as a result of criminally injurious conduct. During the time the claim-
 41    ant seeks such weekly benefits, the claimant, as a result of such injury, must
 42    have no reasonable prospect of being regularly employed  in  the normal  labor
 43    market.  The  weekly  benefit  amount  is  sixty-six  and  two-thirds  percent
 44    (66 2/3%)  of  the wages received at the time of the criminally injurious con-
 45    duct, subject to a maximum of one hundred seventy-five dollars ($175).  Weekly
 46    compensation payments shall be made at the end of each two (2) week period. No
 47    weekly  compensation  payments may be paid for the first week after the crimi-
 48    nally injurious conduct occurred, but if total actual loss of wages  continues
 49    for one (1) week, weekly compensation payments shall be paid from the date the
 50    wage  loss began. Weekly compensation payments shall continue until the claim-
 51    ant has a reasonable prospect of being regularly employed in the normal  labor
 52    market.
 53        (2)  The  commission  may  order  payment  of reasonable expenses actually
  1    incurred by the claimant for reasonable services by a  physician  or  surgeon,
  2    reasonable hospital services and medicines, mental health counseling and care,
  3    and such other treatment as may be approved by the commission for the injuries
  4    suffered  due to criminally injurious conduct. Payment for the costs of foren-
  5    sic and medical examinations of alleged victims of  sexual  assault  performed
  6    for the purposes of gathering evidence for possible prosecution, after collec-
  7    tions from any third party who has liability, shall be made by the commission.
  8    The  commission  shall  establish  a  procedure for summary processing of such
  9    claims.
 10        (3)  (a) The dependents of a victim who is killed as a  result  of  crimi-
 11        nally  injurious conduct are entitled to receive aggregate weekly benefits
 12        amounting to sixty-six and  two-thirds  percent  (66 2/3%)  of  the  wages
 13        received  at  the  time  of  the  criminally injurious conduct causing the
 14        death, subject to a maximum of one hundred seventy-five dollars ($175) per
 15        week. Weekly compensation payments shall be made at the end  of  each  two
 16        (2) week period.
 17        (b)  Benefits under subsection (3)(a) of this section shall be paid to the
 18        spouse  for the benefit of the spouse and other dependents unless the com-
 19        mission determines that other payment arrangements should be  made.  If  a
 20        spouse  dies or remarries, benefits under subsection (3)(a) shall cease to
 21        be paid to the spouse but shall continue to be paid to the  other  depend-
 22        ents so long as their dependent status continues.
 23        (4)  Reasonable  funeral  and  burial or cremation expenses of the victim,
 24    together with actual expenses of transportation of the victim's body, shall be
 25    paid in an amount not exceeding five thousand dollars ($5,000)  if  all  other
 26    collateral  sources  have properly paid such expenses but have not covered all
 27    such expenses.
 28        (5)  (a) Compensation payable to a victim and all of the victim's  depend-
 29        ents  in  cases of the victim's death, because of injuries suffered due to
 30        an act or acts of criminally injurious conduct involving the same offender
 31        and occurring within a six (6) month period, may  not  exceed  twenty-five
 32        thousand dollars ($25,000) in the aggregate.
 33        (b)  The limitation of subsection (5)(a) of this section is subject to the
 34        further limitation that payments for mental health treatment received as a
 35        result  of  the  victim's  injury may not exceed two thousand five hundred
 36        dollars ($2,500) unless the industrial commission finds  extenuating  cir-
 37        cumstances.  pursuant  to  regulation  of the industrial commission If the
 38        commission finds a victim to have extenuating circumstances as defined  in
 39        section 72-1003, Idaho Code, the victim is eligible for payments up to the
 40        maximum  benefit  allowed  under paragraph (a) of this subsection (5). The
 41        commission shall reevaluate the victim's  qualifications  for  extenuating
 42        circumstances not less often than annually.
 43        (6)  Compensation benefits are not payable for pain and suffering or prop-
 44    erty damage.
 45        (7)  (a) A  person who has suffered injury as a result of criminally inju-
 46        rious conduct and as a result of such injury has no reasonable prospect of
 47        being regularly employed in the normal labor market,  who  was  employable
 48        but  was not employed at the time of such injury, may in the discretion of
 49        the commission be awarded weekly compensation benefits in an amount deter-
 50        mined by the commission not to exceed one hundred fifty dollars ($150) per
 51        week. Weekly compensation payments shall continue until the claimant has a
 52        reasonable prospect of being regularly employed in the normal labor market
 53        or for a shorter period as determined  by  the  commission.  The  claimant
 54        shall be awarded  benefits as provided in subsection (2) of this section.
 55        (b)  The  dependents  of  a victim who is killed as a result of criminally
  1        injurious conduct and who was employable but not employed at the  time  of
  2        death,  may, in the discretion of the commission, be awarded, in an aggre-
  3        gate amount payable to all dependents, a sum not  to  exceed  one  hundred
  4        fifty dollars ($150) per week which shall be payable in the manner and for
  5        the  period  provided  by  subsection  (3)(b)  of this section or for such
  6        shorter period as determined by the  commission.  The  claimant  shall  be
  7        awarded benefits as provided in subsection (4) of this section.
  8        (c)  Compensation  payable to a victim or a victim's dependents under this
  9        subsection may not exceed twenty thousand dollars ($20,000), and the limi-
 10        tations of subsection (6) of this section apply to compensation under this
 11        subsection (7).
 12        (8)  Amounts payable as weekly compensation may not be commuted to a  lump
 13    sum and may not be paid less frequently than every two (2) weeks.
 14        (9)  (a) Subject  to  the  limitations in subsections (9)(b) and (9)(c) of
 15        this section, the spouse, parent, grandparent, child, grandchild,  brother
 16        or sister of a victim who is killed, kidnapped, sexually assaulted or sub-
 17        jected  to  domestic violence or child injury is entitled to reimbursement
 18        for mental health treatment received as a result of such criminally  inju-
 19        rious conduct.
 20        (b)  Total  payments made under subsection (9)(a) of this section, may not
 21        exceed five hundred dollars ($500) for each person or  one  thousand  five
 22        hundred dollars ($1,500) for a family.
 23        (c)  With  regard  to  claims filed pursuant to this section, in order for
 24        family members of victims of crime to be entitled to benefits, the  victim
 25        of the crime must also have been awarded benefits for the crime itself.
 26        (10) A  claimant  or  a  spouse, parent, child or sibling of a claimant or
 27    victim may be reimbursed for his or her expenses for necessary travel incurred
 28    in connection with obtaining benefits covered pursuant to this chapter and  in
 29    accordance with rules of the commission.
 30        SECTION  3.  An  emergency  existing  therefor,  which emergency is hereby
 31    declared to exist, this act shall be in full force and effect on and after its
 32    passage and approval, and retroactively to July 1, 2005.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

                            RS 15970C1

This legislation addresses the need for mental health treatment
for victims of trauma arising out of covered criminal conduct. 
It amends the definition of "extenuating circumstances" under
which the industrial commission may waive the current $2,500 cap
on mental health benefits, thereby allowing mental health
treatment to continue for as long as is needed subject to annual

                           FISCAL NOTE

While it is impossible to predict the number of victims that may
meet the definition of "extenuating circumstances," this bill
could have a potential fiscal impact of $80,600 to the Crime
Victims Compensation Fund.  The fiscal impact is estimated based
on data from 1988 through 2005 where, on average, about 15.5
individuals per year have met the mental health benefit cap of
$2,500.  The $80,600 is derived by using the average of 15.5
victims and multiplying it by the possible annual mental health
benefit per individual of $5,200 ($100 per week).

Name: Senator Mike Jorgensen 
Phone: 332-1346
Senator David Langhorst
Phone: 332-1348
Name: Rep Margaret Henbest
Phone: 332-1130

STATEMENT OF PURPOSE/FISCAL NOTE                              S 1414