57th Legislature

2001 Regular Session


Passed by the House February 20, 2001

  Yeas 97   Nays 0



Speaker of the House of Representatives



Speaker of the House of Representatives






Passed by the Senate April 10, 2001

  Yeas 44   Nays 0


President of the Senate






We, Timothy A. Martin and Cynthia Zehnder, Co‑Chief Clerks of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 1040 as passed by the House of Representatives and the Senate on the dates hereon set forth.




Chief Clerk




Chief Clerk











Governor of the State of Washington













Secretary of State

State of Washington








Passed Legislature ‑ 2001 Regular Session


State of Washington      57th Legislature     2001 Regular Session


By Representatives Ballasiotes, O'Brien, Jarrett, Conway and Simpson


Read first time 01/12/2001.  Referred to Committee on Criminal Justice & Corrections. Authorizing crime victims' compensation benefits in hit‑and‑run vehicular assault cases. 

_1      AN ACT Relating to authorizing crime victims' compensation

_2  benefits in hit-and-run vehicular assault cases; and amending RCW

_3  7.68.020.




_5      Sec. 1.  RCW 7.68.020 and 1997 c 249 s 1 are each amended to read

_6  as follows:

_7      The following words and phrases as used in this chapter have

_8  the meanings set forth in this section unless the context

_9  otherwise requires.

10      (1) "Department" means the department of labor and industries.

11      (2) "Criminal act" means an act committed or attempted in this

12  state which is punishable as a felony or gross misdemeanor under

13  the laws of this state, or an act committed outside the state of

14  Washington against a resident of the state of Washington which

15  would be compensable had it occurred inside this state; and the

16  crime occurred in a state which does not have a crime victims

17  compensation program, for which the victim is eligible as set

18  forth in the Washington compensation law, or an act of terrorism

                               p. 1                    HB 1040.PL

_1  as defined in 18 U.S.C. Sec. 2331, as it exists on May 2, 1997,

_2  committed outside of the United States against a resident of the

_3  state of Washington, except as follows:

_4      (a) The operation of a motor vehicle, motorcycle, train, boat,

_5  or aircraft in violation of law does not constitute a "criminal

_6  act" unless:

_7      (i) The injury or death was intentionally inflicted;

_8      (ii) The operation thereof was part of the commission of

_9  another non-vehicular criminal act as defined in this section;

10      (iii) The death or injury was the result of the operation of a

11  motor vehicle after July 24, 1983, and a preponderance of the

12  evidence establishes that the death was the result of vehicular

13  homicide under RCW 46.61.520, or a conviction of vehicular assault

14  under RCW 46.61.522, has been obtained:  PROVIDED, That in cases

15  where a probable criminal defendant has died in perpetration of

16  vehicular assault or, in cases where the perpetrator of the

17  vehicular assault is unascertainable because he or she left the

18  scene of the accident in violation of RCW 46.52.020 or, because of

19  physical or mental infirmity or disability the perpetrator is

20  incapable of standing trial for vehicular assault, the department

21  may, by a preponderance of the evidence, establish that a

22  vehicular assault had been committed and authorize benefits; or

23      (iv) The injury or death was caused by a driver in violation of

24  RCW 46.61.502;

25      (b) Neither an acquittal in a criminal prosecution nor the

26  absence of any such prosecution is admissible in any claim or

27  proceeding under this chapter as evidence of the noncriminal

28  character of the acts giving rise to such claim or proceeding,

29  except as provided for in subsection (2)(a)(iii) of this section;

30      (c) Evidence of a criminal conviction arising from acts which

31  are the basis for a claim or proceeding under this chapter is

32  admissible in such claim or proceeding for the limited purpose of

33  proving the criminal character of the acts; and

34      (d) Acts which, but for the insanity or mental irresponsibility

35  of the perpetrator, would constitute criminal conduct are deemed

36  to be criminal conduct within the meaning of this chapter.

37      (3) "Victim" means a person who suffers bodily injury or death

38  as a proximate result of a criminal act of another person, the

HB 1040.PL                     p. 2

_1  victim's own good faith and reasonable effort to prevent a

_2  criminal act, or his good faith effort to apprehend a person

_3  reasonably suspected of engaging in a criminal act.  For the

_4  purposes of receiving benefits pursuant to this chapter, "victim"

_5  is interchangeable with "employee" or "workman" as defined in

_6  chapter 51.08 RCW as now or hereafter amended.

_7      (4) "Child," "accredited school," "dependent," "beneficiary,"

_8  "average monthly wage," "director," "injury," "invalid,"

_9  "permanent partial disability," and "permanent total disability"

10  have the meanings assigned to them in chapter 51.08 RCW as now or

11  hereafter amended.

12      (5) "Gainfully employed" means engaging on a regular and

13  continuous basis in a lawful activity from which a person derives

14  a livelihood.

15      (6) "Private insurance" means any source of recompense provided

16  by contract available as a result of the claimed injury or death

17  at the time of such injury or death, or which becomes available

18  any time thereafter.

19      (7) "Public insurance" means any source of recompense provided

20  by statute, state or federal, available as a result of the claimed

21  injury or death at the time of such injury or death, or which

22  becomes available any time thereafter.


‑‑‑ END ‑‑‑


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