S-4061.1 _______________________________________________
SENATE BILL 6664
_______________________________________________
State of Washington 56th Legislature 2000 Regular Session
By Senators Costa and Kohl‑Welles
Read first time 01/21/2000. Referred to Committee on Judiciary.
AN ACT Relating to victims' compensation; and amending RCW 7.68.060.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 7.68.060 and 1996 c 122 s 4 are each amended to read as follows:
(1) For the purposes of applying for benefits under this chapter, the rights, privileges, responsibilities, duties, limitations and procedures contained in RCW 51.28.020, 51.28.030, 51.28.040 and 51.28.060 shall apply: PROVIDED, That no compensation of any kind shall be available under this chapter if:
(a)
An application for benefits is not received by the department within two years
after the date the criminal act was reported to a ((local police department
or sheriff's office)) law enforcement agency or, in cases of abuse or
neglect of children or adult dependent persons, the agency providing child or
adult protective services, or the date the rights of dependents or
beneficiaries accrued, unless the director has determined that "good
cause" exists to expand the time permitted to receive the application.
"Good cause" shall be determined by the department on a case-by-case
basis and may extend the period of time in which an application can be received
for up to five years after the date the criminal act was reported ((to a
local police department or sheriff's office)) or the date the rights of
dependents or beneficiaries accrued; or
(b)
The criminal act is not reported by the victim or someone on his or her behalf
to a ((local police department or sheriff's office)) law enforcement
agency or, in cases of abuse or neglect of children or adult dependent persons,
the agency providing child or adult protective services, within twelve
months of its occurrence or, if it could not reasonably have been reported within
that period, within twelve months of the time when a report could reasonably
have been made. In making determinations as to reasonable time limits, the
department shall give greatest weight to the needs of the victims.
(2) This section shall apply only to criminal acts reported after December 31, 1985.
(3) Because victims of childhood criminal acts may repress conscious memory of such criminal acts far beyond the age of eighteen, the rights of adult victims of childhood criminal acts shall accrue at the time the victim discovers or reasonably should have discovered the elements of the crime. In making determinations as to reasonable time limits, the department shall give greatest weight to the needs of the victim.
(4) A right to benefits under this chapter shall be available to any victim of a person against whom the state initiates proceedings under chapter 71.09 RCW. The right created under this subsection shall accrue when the victim is notified of proceedings under chapter 71.09 RCW or the victim is interviewed, deposed, or named as a witness in connection with the proceedings. An application for benefits under this subsection must be received by the department within two years after the date the victim's right accrued unless the director determines that good cause exists to expand the time to receive the application. "Good cause" shall be determined by the director on a case-by-case basis and may extend the period of time in which an application can be received for up to five years after the date the right of the victim accrued. Benefits under this subsection shall be limited to compensation for costs or losses incurred on or after the date the victim's right accrues for a claim allowed under this subsection.
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