BILL REQ. #:  S-3878.1 

Read first time 01/22/10.   Referred to Committee on Judiciary.

     AN ACT Relating to the definition of criminal act for crime victims compensation purposes; amending RCW 7.68.020; and creating a new section.

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

NEW SECTION.  Sec. 1    This act shall be known as the Heather Sweetpea Trickler public safety act of 2010.

Sec. 2   RCW 7.68.020 and 2006 c 268 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: (a) Punishable as a federal offense that is comparable to a felony or gross misdemeanor in this state; (b) punishable as a felony or gross misdemeanor under the laws of this state; (c) 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 (d) 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)).
     The exceptions are as follows:
     (i) The operation of a motor vehicle, motorcycle, train, boat, or aircraft in violation of law does not constitute a "criminal act" unless the preponderance of the evidence establishes that:
     (A) The injury or death was intentionally inflicted;
     (B) The operation thereof was part of the commission of another non-vehicular criminal act as defined in this section;
     (C) 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));
     (D) The death or injury was caused by a driver in violation of RCW 46.61.522, vehicular assault;
     (E) The injury or death was caused by a driver in violation of RCW 46.61.502; ((or
     (E))) (F) The injury or death was caused by a driver in violation of RCW 46.61.655(7)(a), failure to secure a load in the first degree; or
     (G) The injury or death was caused by a driver in violation of RCW 46.52.020(1). For the purposes of this section, if an injury or death occurs to a pedestrian, bicyclist, or motorcyclist by a driver in violation of RCW 46.52.020(1), the act of leaving the scene of the accident is presumed to be reckless and the victim or the victim's family members are eligible to immediately receive benefits provided under this chapter after complying with the provisions of RCW 7.68.060;
     (ii) 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 (d)(i)(C) and (D) of this subsection;
     (iii) 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
     (iv) 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 or her 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 "worker" 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.