AN ACT Relating to
penalty assessments for support of crime victim and witness programs; amending
RCW 7.68.035, 7.68.060, and 7.68.070; creating new sections; and prescribing
penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
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.
Sec. 2. RCW 7.68.035 and 1991 c
293 s 1 are each amended to read as follows:
(1)(a) Whenever
any person is found guilty in any superior court of having committed a crime,
except as provided in subsection (2) of this section, there shall be imposed by
the court upon such convicted person a penalty assessment. The assessment
shall be in addition to any other penalty or fine imposed by law and shall be
((one)) five hundred dollars for each case or cause of action
that includes one or more convictions of a felony or gross misdemeanor and ((seventy-five))
two hundred fifty dollars for any case or cause of action that includes
convictions of only one or more misdemeanors.
(b) Whenever any
juvenile is adjudicated of any offense in any juvenile offense disposition
under Title 13 RCW, except as provided in subsection (2) of this section, there
shall be imposed upon the juvenile offender a penalty assessment. The assessment
shall be in addition to any other penalty or fine imposed by law and shall be
one hundred dollars for each case or cause of action that includes one or more
adjudications for a felony or gross misdemeanor and seventy-five dollars for
each case or cause of action that includes adjudications of only one or more
misdemeanors.
(2) The assessment
imposed by subsection (1) of this section shall not apply to motor vehicle
crimes defined in Title 46 RCW except those defined in the following sections:
RCW 46.61.520, 46.61.522, 46.61.024, 46.52.090, 46.70.140, 46.61.502,
46.61.504, 46.52.100, 46.20.410, 46.52.020, 46.10.130, 46.09.130, 46.61.525,
46.61.685, 46.61.530, 46.61.500, 46.61.015, 46.52.010, 46.44.180, 46.10.090(2),
and 46.09.120(2).
(3) Whenever any person
accused of having committed a crime posts bail in superior court pursuant to
the provisions of chapter 10.19 RCW and such bail is forfeited, there shall be
deducted from the proceeds of such forfeited bail a penalty assessment, in
addition to any other penalty or fine imposed by law, equal to the assessment
which would be applicable under subsection (1) of this section if the person
had been convicted of the crime.
(4) Such penalty
assessments shall be paid by the clerk of the superior court to the county
treasurer who shall monthly transmit the money as provided in RCW 10.82.070.
Each county shall deposit fifty percent of the money it receives per case or
cause of action under subsection (1) of this section and retains under RCW
10.82.070, not less than one and seventy-five one-hundredths percent of the
remaining money it retains under RCW 10.82.070 and the money it
retains under chapter 3.62 RCW, and all money it receives under
subsection (((8))) (7) of this section into a fund maintained
exclusively for the support of comprehensive programs to encourage and
facilitate testimony by the victims of crimes and witnesses to crimes. A
program shall be considered "comprehensive" only after approval of
the department upon application by the county prosecuting attorney. The
department shall approve as comprehensive only programs which:
(a) Provide
comprehensive services to victims and witnesses of all types of crime with
particular emphasis on serious crimes against persons and property. It is the
intent of the legislature to make funds available only to programs which do not
restrict services to victims or witnesses of a particular type or types of
crime and that such funds supplement, not supplant, existing local funding
levels;
(b) Are administered by
the county prosecuting attorney either directly through the prosecuting
attorney's office or by contract between the county and agencies providing
services to victims of crime;
(c) Make a reasonable
effort to inform the known victim or his surviving dependents of the existence
of this chapter and the procedure for making application for benefits;
(d) Assist victims in
the restitution and adjudication process; and
(e) Assist victims of
violent crimes in the preparation and presentation of their claims to the
department of labor and industries under this chapter.
Before a program in any
county west of the Cascade mountains is submitted to the department for
approval, it shall be submitted for review and comment to each city within the
county with a population of more than one hundred fifty thousand. The
department will consider if the county's proposed comprehensive plan meets the
needs of crime victims in cases adjudicated in municipal, district or superior
courts and of crime victims located within the city and county.
(5) Upon submission to
the department of a letter of intent to adopt a comprehensive program, the
prosecuting attorney shall retain the money deposited by the county under
subsection (4) of this section until such time as the county prosecuting
attorney has obtained approval of a program from the department. Approval of
the comprehensive plan by the department must be obtained within one year of the
date of the letter of intent to adopt a comprehensive program. The county
prosecuting attorney shall not make any expenditures from the money deposited
under subsection (4) of this section until approval of a comprehensive plan by
the department. If a county prosecuting attorney has failed to obtain approval
of a program from the department under subsection (4) of this section or failed
to obtain approval of a comprehensive program within one year after submission
of a letter of intent under this section, the county treasurer shall monthly
transmit one hundred percent of the money deposited by the county under
subsection (4) of this section to the state treasurer for deposit in the public
safety and education account established under RCW 43.08.250.
(6) County prosecuting
attorneys are responsible to make every reasonable effort to insure that the
penalty assessments of this chapter are imposed and collected.
(7) ((Penalty
assessments under this section shall also be imposed in juvenile offense
dispositions under Title 13 RCW. Upon motion of a party and a showing of good
cause, the court may modify the penalty assessment in the disposition of
juvenile offenses under Title 13 RCW.
(8))) Every city and town shall transmit monthly one
and seventy-five one-hundredths percent of all money, other than money received
for parking infractions, retained under RCW 3.46.120, 3.50.100, and 35.20.220
to the county treasurer for deposit as provided in subsection (4) of this
section.
NEW SECTION. Sec.
3. The office of crime
victims advocacy shall report to the legislature on December 31, 1999, December
31, 2002, and December 31, 2005, regarding the collection of penalty
assessments under this act and the use of collected funds to provide assistance
to victims and witnesses of crime.
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.
