FINAL BILL REPORT

2SSB 6181

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

C 308 L 20

Synopsis as Enacted

Brief Description: Concerning crime victims' compensation.

Sponsors: Senate Committee on Ways & Means (originally sponsored by Senators Padden, Pedersen, O'Ban, Warnick and Kuderer).

Senate Committee on Law & Justice

Senate Committee on Ways & Means

House Committee on Public Safety

House Committee on Appropriations

Background: The Crime Victim Compensation Program (CVCP), within the Department of Labor and Industries, provides benefits to innocent victims of criminal acts. Generally, persons injured by a criminal act in Washington, or their surviving spouses and dependents, are eligible to receive certain benefits under CVCP. This includes, for example, medical treatment, mental health treatment, lost wage replacement, and burial costs. When the victim of a crime is a child, the legal guardian or custodian of the child may receive payments for expenses incurred for the child. Benefits under the program are secondary to services available from any other public or private insurance, meaning CVCP is the payer of last resort.

CVCP pays for a portion of a victim's lost wages if a temporary or permanent total disability or death results from the crime. If the victim was not gainfully employed at the time of the criminal act, no financial support for lost wages will be paid to the victim or any beneficiaries. To be gainfully employed, the victim must have been engaging in a regular and continuous basis in a lawful activity from which a person derives a livelihood. If the victim is voluntarily retired and is no longer attached to the workforce, the victim is not eligible for lost wage benefits. No provision is made for lost wages that may be incurred by a spouse or legal guardian of the victim.

Summary: The parent of a minor victim is entitled to receive up to 30 days' lost wages if CVCP determines the parent lost wages due to time spent accompanying the minor victim to medical or counseling services, or criminal justice proceedings related to the crime. Wages shall be based on employer wage statements, employment security records, or documents reported to and certified by the Internal Revenue Service.

If injury or death to the minor victim is a result of the parent's action, the parent may not receive any benefits under CVCP for the minor child.

The period during which a crime victim may apply for benefits is extended from two years to three years, after the date the crime was reported to law enforcement.

Votes on Final Passage:

Senate

47

0

House

97

0

Effective:

June 11, 2020