HOUSE BILL REPORT

SB 5172

As Amended by the House

BYSenators Talmadge, Nelson, Halsan, Hayner, Newhouse and Moore

Revising provisions relating to victims and witnesses of crimes.

House Committe on Judiciary

Majority Report:  Do pass.  (9)

      Signed by Representatives Armstrong, Chair; Crane, Vice Chair; Appelwick, Heavey, Lewis, Locke, Padden, Scott and Wineberry.

House Staff:Charlie Gavigan (786-7340)

AS PASSED HOUSE APRIL 13, 1987

BACKGROUND:

The crime victims compensation fund exists to assist and compensate innocent victims who suffer bodily injury or death as a result of criminal acts.  This fund is available to victims of acts committed (or attempted) which are punishable as a felony or a gross misdemeanor.  A conviction is not a necessary prerequisite to a successful claim except for vehicular homicide or vehicular assault.

The dollar amount of most benefits is limited.  There is a limit of $10,000 for death or permanent total disability, and $10,000 for temporary total disability.  Vocational rehabilitation is available up to $5,000 (temporary disability).  Total benefits, other than medical aid, are limited to $15,000.

Comprehensive programs to encourage and facilitate testimony by victims of crimes and witnesses to crimes are set up by county and are funded by a small percentage of court revenue. The comprehensive program is managed by the county prosecuting attorney and must be approved by the Department of Labor and Industries.  The funding of the comprehensive program as specified in statute ends June 30, 1987.  Counties then must provide their own comprehensive program to promote testimony by witnesses of crimes.

Restitution is provided for in the statutes if there is a criminal conviction.  Restitution must be based on easily ascertainable damages for injury to property, actual cost of treatment for injury to people, and lost wages.  Intangible losses, such as mental anguish or pain and suffering are not included by law.

SUMMARY:

A conviction for vehicular assault or vehicular homicide in order for a victim to receive assistance from the crime victim compensation fund is no longer necessary.  This makes vehicular assault and vehicular homicide identical to other crimes compensated for by the fund, which require proof by a preponderance of the evidence (not a conviction).

The limitation of funds paid by the crime victim compensation fund for permanent total disability or death is $15,000, while the limit for permanent partial disability remains $10,000.

The fund and comprehensive program to encourage and assist testimony by victim's and witnesses will continue to operate as they have in the past.  The date the statutory funding scheme was to cease has been removed.

Restitution is authorized for the cost of counseling that is reasonably related to the offense.

When restitution is paid to the court by a defendant but the victim cannot be located, the money is to be deposited in the Public Safety and Education Fund (which assists victims of crimes).

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    John Laddenburg, Washington Association of Prosecuting Attorneys; Ralyn Baird, King County Prosecuting Attorney's Office (Victim Assistance Unit); Jill Wischnesky, Thurston County Prosecuting Attorney's Office.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    The bill continues a program for victims and witnesses of crimes which is funded primarily through criminal penalties.  Restitution for necessary counseling caused by crimes is allowed to further assist the crime victim.

House Committee - Testimony Against:      None Presented.