2358‑S AMS LAW CARS
SHB 2358 - S COMM AMD
BySenate Committee on Law & Justice
On page 1, line 5, insert the following:
"NEW SECTION. Sec. 1. The legislature finds that current funding for county victim-witness advocacy programs is inadequate. Also, the state crime victims compensation program should be enhanced to provide for increased benefits to families of victims who are killed as a result of a criminal act. It is the intent of the legislature to provide increased financial support for the county and state crime victim and witness programs by requiring offenders to pay increased penalty assessments upon conviction of a gross misdemeanor or felony crime. The increased financial support is intended to allow county victim/witness programs to more fully assist victims and witnesses through the criminal justice processes. On the state level, the increased funds will allow the remedial intent of the crime victims compensation program to be more fully served. Specifically, the increased funds from offender penalty assessments will allow more appropriate compensation for families of victims who are killed as a result of a criminal act, including reasonable burial benefits."
Renumber the remaining sections consecutively and correct any internal references accordingly.
SHB 2358 - S COMM AMD
BySenate Committee on Law & Justice
On page 4, after line 14, insert the following:
"Sec. 4. RCW 7.68.060 and 1990 c 3 s 501 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:
(a) An application for
benefits is not received by the department within ((one year)) two
years 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, unless the director has determined that "good
cause" exists to expand the time permitted to receive the application.
"Good cause" shall be determined by the department on a case-by-case
basis and may extend the period of time in which an application can be received
for up to five years 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
(b) The criminal act is not reported by the victim or someone on his or her behalf to a local police department or sheriff's office within twelve months of its occurrence or, if it could not reasonably have been reported within that period, within twelve months of the time when a report could reasonably have been made. In making determinations as to reasonable time limits, the department shall give greatest weight to the needs of the victims.
(2) This section shall apply only to criminal acts reported after December 31, 1985.
(3) Because victims of childhood criminal acts may repress conscious memory of such criminal acts far beyond the age of eighteen, the rights of adult victims of childhood criminal acts shall accrue at the time the victim discovers or reasonably should have discovered the elements of the crime. In making determinations as to reasonable time limits, the department shall give greatest weight to the needs of the victim.
Sec. 5. RCW 7.68.070 and 1993 sp.s. c 24 s 912 are each amended to read as follows:
The right to benefits
under this chapter and the amount thereof will be governed insofar as is
applicable by the provisions contained in chapter 51.32 RCW ((as now or
hereafter amended)) except as provided in this section:
(1) The provisions
contained in RCW 51.32.015, 51.32.030, 51.32.072, 51.32.073, 51.32.180,
51.32.190, and 51.32.200 ((as now or hereafter amended)) are not
applicable to this chapter.
(2) Each victim injured
as a result of a criminal act, including criminal acts committed between July
1, 1981, and January 1, 1983, or the victim's family or dependents in case of
death of the victim, are entitled to benefits in accordance with this chapter,
subject to the limitations under RCW 7.68.015. The rights, duties,
responsibilities, limitations, and procedures applicable to a worker as
contained in RCW 51.32.010 ((as now or hereafter amended)) are
applicable to this chapter.
(3) The limitations
contained in RCW 51.32.020 ((as now or hereafter amended)) are
applicable to claims under this chapter. In addition thereto, no person or
spouse, child, or dependent of such person is entitled to benefits under this
chapter when the injury for which benefits are sought, was:
(a) The result of consent, provocation, or incitement by the victim, unless an injury resulting from a criminal act caused the death of the victim;
(b) Sustained while the crime victim was engaged in the attempt to commit, or the commission of, a felony; or
(c) Sustained while the victim was confined in any county or city jail, federal jail or prison or in any other federal institution, or any state correctional institution maintained and operated by the department of social and health services or the department of corrections, prior to release from lawful custody; or confined or living in any other institution maintained and operated by the department of social and health services or the department of corrections.
(4) The benefits
established upon the death of a worker and contained in RCW 51.32.050 ((as
now or hereafter amended)) shall be the benefits obtainable under this
chapter and provisions relating to payment contained in that section shall
equally apply under this chapter: PROVIDED, That benefits for burial expenses
shall not exceed the ((maximum cost used by the department of social and
health services for the funeral and burial of a deceased indigent person under
chapter 74.08 RCW)) amount paid by the department in case of the death
of a worker as provided in chapter 51.32 RCW in any claim: PROVIDED
FURTHER, That if the criminal act results in the death of a victim who was not
gainfully employed at the time of the criminal act, and who was not so employed
for at least three consecutive months of the twelve months immediately
preceding the criminal act;
(a) Benefits payable to an eligible surviving spouse, where there are no children of the victim at the time of the criminal act who have survived the victim or where such spouse has legal custody of all of his or her children, shall be limited to burial expenses and a lump sum payment of seven thousand five hundred dollars without reference to number of children, if any;
(b) Where any such spouse has legal custody of one or more but not all of such children, then such burial expenses shall be paid, and such spouse shall receive a lump sum payment of three thousand seven hundred fifty dollars and any such child or children not in the legal custody of such spouse shall receive a lump sum of three thousand seven hundred fifty dollars to be divided equally among such child or children;
(c) If any such spouse does not have legal custody of any of the children, the burial expenses shall be paid and the spouse shall receive a lump sum payment of up to three thousand seven hundred fifty dollars and any such child or children not in the legal custody of the spouse shall receive a lump sum payment of up to three thousand seven hundred fifty dollars to be divided equally among the child or children;
(d) If no such spouse survives, then such burial expenses shall be paid, and each surviving child of the victim at the time of the criminal act shall receive a lump sum payment of three thousand seven hundred fifty dollars up to a total of two such children and where there are more than two such children the sum of seven thousand five hundred dollars shall be divided equally among such children.
No other benefits may be paid or payable under these circumstances.
(5) The benefits
established in RCW 51.32.060 ((as now or hereafter amended)) for
permanent total disability proximately caused by the criminal act shall be the
benefits obtainable under this chapter, and provisions relating to payment
contained in that section apply under this chapter: PROVIDED, That if a victim
becomes permanently and totally disabled as a proximate result of the criminal
act and was not gainfully employed at the time of the criminal act, the victim
shall receive monthly during the period of the disability the following
percentages, where applicable, of the average monthly wage determined as of the
date of the criminal act pursuant to RCW 51.08.018 ((as now or hereafter
amended)):
(a) If married at the time of the criminal act, twenty-nine percent of the average monthly wage.
(b) If married with one child at the time of the criminal act, thirty-four percent of the average monthly wage.
(c) If married with two children at the time of the criminal act, thirty-eight percent of the average monthly wage.
(d) If married with three children at the time of the criminal act, forty-one percent of the average monthly wage.
(e) If married with four children at the time of the criminal act, forty-four percent of the average monthly wage.
(f) If married with five or more children at the time of the criminal act, forty-seven percent of the average monthly wage.
(g) If unmarried at the time of the criminal act, twenty-five percent of the average monthly wage.
(h) If unmarried with one child at the time of the criminal act, thirty percent of the average monthly wage.
(i) If unmarried with two children at the time of the criminal act, thirty-four percent of the average monthly wage.
(j) If unmarried with three children at the time of the criminal act, thirty-seven percent of the average monthly wage.
(k) If unmarried with four children at the time of the criminal act, forty percent of the average monthly wage.
(l) If unmarried with five or more children at the time of the criminal act, forty-three percent of the average monthly wage.
(6) The benefits
established in RCW 51.32.080 ((as now or hereafter amended)) for
permanent partial disability shall be the benefits obtainable under this
chapter, and provisions relating to payment contained in that section equally
apply under this chapter.
(7) The benefits
established in RCW 51.32.090 ((as now or hereafter amended)) for
temporary total disability shall be the benefits obtainable under this chapter,
and provisions relating to payment contained in that section apply under this
chapter: PROVIDED, That no person is eligible for temporary total disability
benefits under this chapter if such person was not gainfully employed at the
time of the criminal act, and was not so employed for at least three
consecutive months of the twelve months immediately preceding the criminal act.
(8) The benefits
established in RCW 51.32.095 ((as now or hereafter amended)) for
continuation of benefits during vocational rehabilitation shall be benefits
obtainable under this chapter, and provisions relating to payment contained in
that section apply under this chapter: PROVIDED, That benefits shall not exceed
five thousand dollars for any single injury.
(9) The provisions for
lump sum payment of benefits upon death or permanent total disability as
contained in RCW 51.32.130 ((as now or hereafter amended)) apply under
this chapter.
(10) The provisions relating
to payment of benefits to, for or on behalf of workers contained in RCW
51.32.040, 51.32.055, 51.32.100, 51.32.110, 51.32.120, 51.32.135, 51.32.140,
51.32.150, 51.32.160, and 51.32.210 ((as now or hereafter amended)) are
applicable to payment of benefits to, for or on behalf of victims under this
chapter.
(11) No person or spouse, child, or dependent of such person is entitled to benefits under this chapter where the person making a claim for such benefits has refused to give reasonable cooperation to state or local law enforcement agencies in their efforts to apprehend and convict the perpetrator(s) of the criminal act which gave rise to the claim.
(12) In addition to other benefits provided under this chapter, victims of sexual assault are entitled to receive appropriate counseling. Fees for such counseling shall be determined by the department in accordance with RCW 51.04.030, subject to the limitations of RCW 7.68.080. Counseling services may include, if determined appropriate by the department, counseling of members of the victim's immediate family, other than the perpetrator of the assault.
(13) Except for medical benefits authorized under RCW 7.68.080, no more than thirty thousand dollars shall be granted as a result of a single injury or death, except that benefits granted as the result of total permanent disability or death shall not exceed forty thousand dollars.
(14) Notwithstanding other provisions of this chapter and Title 51 RCW, benefits payable for total temporary disability under subsection (7) of this section, shall be limited to fifteen thousand dollars.
(15) Any person who is responsible for the victim's injuries, or who would otherwise be unjustly enriched as a result of the victim's injuries, shall not be a beneficiary under this chapter.
(16) Crime victims' compensation is not available to pay for services covered under chapter 74.09 RCW or Title XIX of the federal social security act, except to the extent that the costs for such services exceed service limits established by the department of social and health services or, during the 1993-95 fiscal biennium, to the extent necessary to provide matching funds for federal medicaid reimbursement.
(17) In addition to other benefits provided under this chapter, immediate family members of a homicide victim may receive appropriate counseling to assist in dealing with the immediate, near-term consequences of the related effects of the homicide. Fees for counseling shall be determined by the department in accordance with RCW 51.04.030, subject to the limitations of RCW 7.68.080. Payment of counseling benefits under this section may not be provided to the perpetrator of the homicide. The benefits under this subsection may be provided only with respect to homicides committed on or after July 1, 1992."
SHB 2358 - S COMM AMD
BySenate Committee on Law & Justice
On page 1, line 2 of the title, after "amending" strike all material through "section" and insert "RCW 7.68.035, 7.68.060, and 7.68.070; creating new sections
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