FINAL BILL REPORT

SB 5172

                                  C 281 L 87

BYSenators Talmadge, Nelson, Halsan, Hayner, Newhouse and Moore

Revising provisions relating to victims and witnesses of crimes.

Senate Committee on Judiciary

House Committe on Judiciary

SYNOPSIS AS ENACTED

BACKGROUND:

Until June 30, 1987, whenever a person is found guilty of a crime or whenever a person accused of a crime posts bail, and thereafter forfeits such bail, penalty assessments are imposed.  A portion of the assessment is paid into a fund maintained for the support of comprehensive programs for crime victims and witnesses.  Victims of crimes are entitled to compensation for bodily injury or death through the Department of Labor and Industries.  Victims of vehicular assault or vehicular homicide, however, are entitled to receive benefits only if the offender is convicted of those crimes.  After June 30, 1987, penalty assessments cease and each county or city is required to continue to provide for such comprehensive programs.

Whenever restitution is ordered as part of a sentence pursuant to a criminal conviction, such restitution is to be based upon easily ascertainable damages for injury to or loss of property, actual medical expenses, and lost wages, but not upon intangible losses such as pain and suffering or mental anguish.

SUMMARY:

Comprehensive victim- witness assistance programs are continued.  The basis for determining the amount of restitution to be paid by a convicted offender shall include the cost of counseling when it is reasonably related to the offense committed.

The standard of proof required to be met before a victim of vehicular homicide is entitled to compensation benefits is lowered from conviction to a preponderance of the evidence that the victim's injury or death was caused by the offender.  In situations where a probable criminal defendant has died in perpetration of a vehicular assault or is unable to stand trial due to physical or mental infirmity, benefits may be authorized after establishing by a preponderance of the evidence that a vehicular assault had occurred.

Except for authorized medical benefits, no more than $15,000 may be granted as compensation from the Department of Labor and Industries for permanent partial disability resulting from a single injury or death.  Benefits for permanent total disability or death resulting from a single injury shall not exceed $20,000.  Benefits payable for total temporary disability shall be limited to $10,000.

VOTES ON FINAL PASSAGE:

      Senate    48     0

      House 95   0 (House amended)

      Senate            (Senate refused to concur)

      House             (House refused to recede)

Free Conference Committee

      House 97   0

      Senate    43     0

EFFECTIVE:June 30, 1987