SENATE BILL REPORT

 

 

                                    SB 5634

 

 

BYSenators Talmadge, Newhouse, Nelson, Smitherman, Halsan and Rasmussen; by request of Department of Labor and Industries

 

 

Revising provisions governing crime victims compensation.

 

 

Senate Committee on Judiciary

 

      Senate Hearing Date(s):January 28, 1987; February 6, 1987; February 26, 1987

 

Majority Report:  Do pass as amended and refer to Committee on Ways & Means.

      Signed by Senators Talmadge, Chairman; Halsan, Vice Chairman; Bottiger, McCaslin, Moore, Newhouse.

 

      Senate Staff:Carolyn J. Mayer (786-7418)

                  February 26, 1987

 

 

Senate Committee on Ways & Means

 

      Senate Hearing Date(s):March 9, 1987

 

Majority Report:  That Substitute Senate Bill No. 5634 be substituted therefor, and the substitute bill do pass.

      Signed by Senators McDermott, Chairman; Gaspard, Vice Chairman; Bauer, Bluechel, Cantu, Craswell, Deccio, Fleming, Hayner, Lee, McDonald, Moore, Owen, Rasmussen, Rinehart, Saling, Talmadge, Vognild, Williams, Wojahn, Zimmerman.

 

      Senate Staff:Stephen Rose (786-7443)

                  March 13, 1987

 

 

            AS REPORTED BY COMMITTEE ON WAYS & MEANS, MARCH 9, 1987

 

BACKGROUND:

 

Victims of most crimes in the State of Washington 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.

 

Under current law, the limit on benefits payable to individuals suffering permanent total disability is less than for individuals suffering temporary total disability.

 

SUMMARY:

 

A conviction of vehicular assault or vehicular homicide by an offender is no longer required before compensation can be paid to a victim.  The standard of proof is lowered to a preponderance of the evidence that a victim's injury or death was proximately caused by an offender guilty of vehicular homicide or vehicular assault.

 

Except for authorized medical benefits, no more than $15,000 may be granted for a single injury or death.  The limit on benefits granted as the result of total permanent disability or death shall not exceed $20,000.  Benefits payable for total temporary disability are limited to $10,000.

 

 

SUMMARY OF PROPOSED JUDICIARY COMMITTEE AMENDMENT:

 

The Department may authorize payment of benefits to victims of vehicular assault or vehicular homicide when; (1) a criminal conviction of the defendant driver has been obtained, or (2) the probable defendant driver has died in the accident or has been so physically or mentally disabled as to be incapable of standing trial and the Department has established by a preponderance of the evidence that a vehicular crime was committed.

 

 

EFFECT OF WAYS & MEANS COMMITTEE SUBSTITUTE:

 

The Judiciary Committee amendment is adopted.

 

Fiscal Note:      available

 

Senate Committee - Testified: JUDICIARY:  Dan Hainline, Department of Labor and Industries; Diane Oberquell, Families and Friends of Missing Persons and Violent Crimes Victims; Brett Buckley, Department of Labor and Industries

 

Senate Committee - Testified: WAYS & MEANS:  No one