H-1232              _______________________________________________

                                                   HOUSE BILL NO. 1642

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Representatives Leonard, Brough, Prentice, Padden, Wineberry, Patrick, Van Luven, P. King, Winsley, G. Fisher and Todd

Read first time 2/1/89 and referred to Committee on Judiciary. Referred 2/8/89 to Committee on Appropriations.

AN ACT Relating to crime victim compensation for victims of vehicular assault; and amending RCW 7.68.020.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 2, chapter 122, Laws of 1973 1st ex. sess. as last amended by section 6, chapter 281, Laws of 1987 and RCW 7.68.020 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 punishable as a felony or gross misdemeanor under the laws of this state, except as follows:

          (a) The operation of a motor vehicle, motorcycle, train, boat, or aircraft in violation of law does not constitute a "criminal act" unless:

          (i) The injury or death was intentionally inflicted;

          (ii) The operation thereof was part of the commission of another non-vehicular criminal act as defined in this section; ((or))

          (iii) In cases in which a probable criminal defendant has been acquitted by a court as a result of a jury's inability to determine which among two or more probable defendants was responsible for a vehicular assault that occurred after July 25, 1987, the department may establish by a preponderance of the evidence that a vehicular assault had been committed and authorize benefits; or

(iv) Except as otherwise provided in this paragraph, 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, 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;

          (b) 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) and (iv) of this section;

          (c) 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) 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 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" 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.