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                                          SUBSTITUTE HOUSE BILL NO. 1869

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                                                                            C 098 L 86

State of Washington                              49th Legislature                              1986 Regular Session

By House Committee on Judiciary (originally sponsored by Representatives Locke and Winsley)

Read first time 2/7/86 and passed to Committee on Rules.

AN ACT Relating to crime victims' compensation; amending RCW 7.68.060, 7.68.080, and 3.62.090; amending section 17, chapter 443, Laws of 1985 (uncodified); providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 6, chapter 122, Laws of 1973 1st ex. sess. as last amended by section 14, chapter 443, Laws of 1985 and RCW 7.68.060 are each amended to read as follows:

(1) For the purposes of applying for benefits under this chapter, the rights, privileges, responsibilities, duties, limitations and procedures contained in RCW 51.28.020, 51.28.030, 51.28.040 and 51.28.060 as now or hereafter amended shall apply:  PROVIDED, That no compensation of any kind shall be available under this chapter if:

          (((1))) (a) An application for benefits is not received by the department within one year after the date the criminal act was reported to a local police department or sheriff's office or the date the rights of dependents or beneficiaries accrued; or

          (((2))) (b) The criminal act is not reported by the victim or someone on his behalf to a local police department or sheriff's office within seventy-two hours of its occurrence or, if it could not reasonably have been reported within that period, within seventy-two hours of the time when a report could reasonably have been made.

(2) This section shall apply only to criminal acts reported after December 31, 1985.

        Sec. 2.  Section 8, chapter 122, Laws of 1973 1st ex. sess. as last amended by section 3, chapter 239, Laws of 1983 and RCW 7.68.080 are each amended to read as follows:

          The provisions of chapter 51.36 RCW as now or hereafter amended govern the provision of medical aid under this chapter to victims injured as a result of a criminal act, including criminal acts committed between July 1, 1981, and January 1, 1983, except that:

          (1) The provisions contained in RCW 51.36.030 ((and)), 51.36.040, and 51.36.080 as now or hereafter amended do not apply to this chapter;

          (2) The specific provisions of RCW 51.36.020 as now or hereafter amended relating to supplying emergency transportation do not apply:  PROVIDED, That when the injury to any victim is so serious as to require his being taken from the place of injury to a place of treatment, reasonable transportation costs to the nearest place of proper treatment shall be reimbursed from the fund established pursuant to RCW 7.68.090.

        Sec. 3.  Section 17, chapter 443, Laws of 1985 (uncodified) is amended to read as follows:

          The amendments to RCW ((7.68.060 and)) 7.68.070 by this act apply only to criminal acts occurring after December 31, 1985.

        Sec. 4.  Section 337, chapter 258, Laws of 1984 and RCW 3.62.090 are each amended to read as follows:

(1) There shall be assessed and collected in addition to any fines, forfeitures, or penalties assessed, other than for parking infractions, by all courts organized under Title 3 or 35 RCW a public safety and education assessment equal to sixty percent of such fines, forfeitures, or penalties, which shall be remitted as provided in chapters 3.46, 3.50, 3.62, and 35.20 RCW.  The assessment required by this section shall not be suspended or waived by the court.

(2) There shall be assessed and collected in addition to any fines, forfeitures, or penalties assessed, other than for parking infractions and for fines levied under RCW 46.61.515, and in addition to the public safety and education assessment required under subsection (1) of this section, by all courts organized under Title 3 or 35 RCW, an additional public safety and education assessment equal to fifty percent of the public safety and education assessment required under subsection (1) of this section, which shall be remitted to the state treasurer and deposited as provided in RCW 43.08.250.  The additional assessment required by this subsection shall not be suspended or waived by the court.

NEW SECTION. Sec. 5.     Section 4 of this act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect May 1, 1986.

                                                                                                                           Passed the House March 8, 1986.

                                                                                                                                         Speaker of the House.

                                                                                                                           Passed the Senate March 3, 1986.

                                                                                                                                       President of the Senate.