S-3653.1 _______________________________________________
SENATE BILL 6610
_______________________________________________
State of Washington 57th Legislature 2002 Regular Session
By Senators Zarelli and Kline
Read first time 01/23/2002. Referred to Committee on Judiciary.
AN ACT Relating to compensation for victims of federal crimes; and amending RCW 7.68.020.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 7.68.020 and 2001 c 136 s 1 are each amended to read as follows:
The following words and phrases as used in this chapter have the meanings set forth in this section unless the context otherwise requires.
(1) "Department" means the department of labor and industries.
(2) "Criminal
act" means an act committed or attempted in this state which is: (a) Punishable
under federal law; (b) punishable as a felony or gross misdemeanor under
the laws of this state((, or)); (c) an act committed outside the
state of Washington against a resident of the state of Washington which would
be compensable had it occurred inside this state((;)) and the crime
occurred in a state which does not have a crime victims compensation program,
for which the victim is eligible as set forth in the Washington compensation
law((,)); or (d) an act of terrorism as defined in 18
U.S.C. Sec. 2331, as it exists on May 2, 1997, committed outside of the United
States against a resident of the state of Washington, except as follows:
(((a))) (i)
The operation of a motor vehicle, motorcycle, train, boat, or aircraft in
violation of law does not constitute a "criminal act" unless:
(((i))) (A)
The injury or death was intentionally inflicted;
(((ii))) (B)
The operation thereof was part of the commission of another non-vehicular
criminal act as defined in this section;
(((iii))) (C)
The death or injury was the result of the operation of a motor vehicle after
July 24, 1983, and a preponderance of the evidence establishes that the death
was the result of vehicular homicide under RCW 46.61.520, or a conviction of
vehicular assault under RCW 46.61.522, has been obtained: PROVIDED, That in
cases where a probable criminal defendant has died in perpetration of vehicular
assault or, in cases where the perpetrator of the vehicular assault is
unascertainable because he or she left the scene of the accident in violation
of RCW 46.52.020 or, because of physical or mental infirmity or disability the
perpetrator is incapable of standing trial for vehicular assault, the
department may, by a preponderance of the evidence, establish that a vehicular
assault had been committed and authorize benefits; or
(((iv))) (D)
The injury or death was caused by a driver in violation of RCW 46.61.502;
(((b))) (ii)
Neither an acquittal in a criminal prosecution nor the absence of any such
prosecution is admissible in any claim or proceeding under this chapter as
evidence of the noncriminal character of the acts giving rise to such claim or
proceeding, except as provided for in ((subsection (2)(a)(iii) of this
section)) (d)(i)(C) of this subsection;
(((c))) (iii)
Evidence of a criminal conviction arising from acts which are the basis for a
claim or proceeding under this chapter is admissible in such claim or
proceeding for the limited purpose of proving the criminal character of the
acts; and
(((d))) (iv)
Acts which, but for the insanity or mental irresponsibility of the perpetrator,
would constitute criminal conduct are deemed to be criminal conduct within the
meaning of this chapter.
(3) "Victim"
means a person who suffers bodily injury or death as a proximate result of a
criminal act of another person, the victim's own good faith and reasonable
effort to prevent a criminal act, or his or her good faith effort to
apprehend a person reasonably suspected of engaging in a criminal act. For the
purposes of receiving benefits pursuant to this chapter, "victim" is
interchangeable with "employee" or "((workman)) worker"
as defined in chapter 51.08 RCW as now or hereafter amended.
(4) "Child," "accredited school," "dependent," "beneficiary," "average monthly wage," "director," "injury," "invalid," "permanent partial disability," and "permanent total disability" have the meanings assigned to them in chapter 51.08 RCW as now or hereafter amended.
(5) "Gainfully employed" means engaging on a regular and continuous basis in a lawful activity from which a person derives a livelihood.
(6) "Private insurance" means any source of recompense provided by contract available as a result of the claimed injury or death at the time of such injury or death, or which becomes available any time thereafter.
(7) "Public insurance" means any source of recompense provided by statute, state or federal, available as a result of the claimed injury or death at the time of such injury or death, or which becomes available any time thereafter.
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