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HOUSE BILL 1040
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Passed Legislature ‑
2001 Regular Session
State of Washington 57th
Legislature 2001 Regular Session
By
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.
_4 BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
_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 ‑‑‑
p.
3 HB 1040.PL
