AN
ACT Relating to authorizing crime victims' compensation benefits in hit-and-run
vehicular assault cases; and amending RCW 7.68.020.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
7.68.020 and 1997 c 249 s 1 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, or an act committed outside the state of Washington against a resident
of the state of Washington which would be compensable had it occurred inside
this state; and the crime occurred in a state which does not have a crime
victims compensation program, for which the victim is eligible as set forth in
the Washington compensation law, or an act of terrorism as defined in 18 U.S.C.
Sec. 2331, as it exists on May 2, 1997, committed outside of the United States
against a resident of the state of Washington, 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;
(iii)
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, in cases where the perpetrator of the vehicular assault is
unascertainable because he or she left the scene of the accident in violation
of RCW 46.52.020 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; or
(iv)
The injury or death was caused by a driver in violation of RCW
46.61.502;
(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) 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.
