HOUSE BILL REPORT

HB 710

BYRepresentatives Locke, Padden, Niemi, P. King and Todd

Revising provisions governing crime victims compensation.

House Committe on Judiciary

Majority Report:     The substitute bill be substituted therefor and the substitute bill do pass.  (15)

     Signed by Representatives Armstrong, Chair; Crane, Vice Chair; Appelwick, Brough, Heavey, P. King, Lewis, Locke, Moyer, Niemi, Padden, Patrick, Schmidt, Wang and Wineberry.

House Staff:Charlie Gavigan (786-7340)

AS REPORTED BY COMMITTEE ON JUDICIARY MARCH 6, 1987

BACKGROUND:

The crime victims compensation fund exists to assist and compensate innocent victims who suffer bodily injury or death as a result of criminal acts.  This fund is available to victims of acts committed (or attempted) which are punishable as a felony or a gross misdemeanor.  A conviction is not a necessary prerequisite to a successful claim except for vehicular homicide or vehicular assault.

The crime victim compensation fund is very similar to the worker's compensation fund, which covers employees injured while working.

The victim must apply for benefits to the Department of Labor and Industries within one year after the date the criminal act was reported to law enforcement officials.  The criminal act must have been reported to law enforcement officials within seventy-two hours of its occurrence by the victim or someone on the victim's behalf.

The department processes the claim.  The evidentiary test used by administrative bodies such as the department is preponderance of the evidence.

The dollar amount of most benefits are limited.  There is a limit of $10,000 for death or permanent total disability, and $10,000 for temporary total disability.  Vocational rehabilitation is available up to $5,000 (temporary disability).  Total benefits, other than medical aid, are limited to $15,000.

SUMMARY:

SUBSTITUTE BILL:  Vehicular homicide and vehicular assault victims can be compensated for under the fund without a conviction being a prerequisite.  These criminal acts are treated the same as other acts that are punishable as felonies or gross misdemeanor -- requiring proof to the department by a preponderance of the evidence.

The dollar amount limits are revised to limit the benefit awarded in cases of death or total permanent disability to $20,000.  The total amount awardable, other than medical aid is $20,000.

Moneys paid to the court by an offender as restitution that is not claimed by the injured party goes to the public safety and education account rather than the general fund.  That account pays for several programs including the compensation of crime victims.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  The substitute adds the provision relating to unclaimed restitution.

Fiscal Note:    Not Requested.

House Committee ‑ Testified For:     None Presented.

House Committee - Testified Against: None Presented.

House Committee - Testimony For:     None Presented.

House Committee - Testimony Against: None Presented.