Print Friendly SENATE BILL NO. 1414 – Crime victim, mental health benefit
SENATE BILL NO. 1414
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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),
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
]]]] 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
2 RELATING TO CRIME VICTIMS COMPENSATION; AMENDING SECTION 72-1003, IDAHO CODE,
3 TO DEFINE "EXTENUATING CIRCUMSTANCES" AND TO MAKE A TECHNICAL CORRECTION;
4 AMENDING SECTION 72-1019, IDAHO CODE, TO PROVIDE THAT A VICTIM FOUND TO
5 HAVE EXTENUATING CIRCUMSTANCES IS ELIGIBLE FOR A MAXIMUM BENEFIT OF
6 TWENTY-FIVE THOUSAND DOLLARS AND TO PROVIDE FOR REEVALUATION OF QUALIFICA-
7 TIONS; DECLARING AN EMERGENCY AND PROVIDING RETROACTIVE APPLICATION.
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
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
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
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
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
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
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
Senator David Langhorst
Name: Rep Margaret Henbest
STATEMENT OF PURPOSE/FISCAL NOTE S 1414
REVISED REVISED REVISED REVISED REVISED REVISED