AN
ACT Relating to benefits for dependent parents of homicide victims; and
amending RCW 7.68.070.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
7.68.070 and 1996 c 122 s 5 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
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 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 are applicable to this chapter.
(3)
The limitations contained in RCW 51.32.020 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 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
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 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:
(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 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 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 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 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 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.
(18)
A dependent mother, father, stepmother, or stepfather, as defined in RCW
51.08.050, who is a survivor of her or his child's homicide, who has been
requested by a law enforcement agency or a prosecutor to assist in the judicial
proceedings related to the death of the victim, and who is not domiciled in Washington
state at the time of the request, may receive a lump-sum payment upon arrival
in this state. Total benefits under this subsection may not exceed seven
thousand five hundred dollars. If more than one dependent parent is eligible
for this benefit, the lump-sum payment of seven thousand five hundred dollars
shall be divided equally among the dependent parents.
