law24338

Chapter 338

2024 -- H 7449 SUBSTITUTE A
Enacted 06/25/2024

A N A C T

RELATING TO CRIMINAL PROCEDURE -- CRIMINAL INJURIES COMPENSATION

Introduced By: Representatives McEntee, Caldwell, O'Brien, Donovan, Ajello, Shallcross Smith, Fogarty, Casimiro, Alzate, and Morales

Date Introduced: February 02, 2024

It is enacted by the General Assembly as follows:

SECTION 1. Sections 12-25-17 and 12-25-22 of the General Laws in Chapter 12-25

entitled "Criminal Injuries Compensation" are hereby amended to read as follows:

12-25-17. Definitions.

As used in this chapter:

(1) “Administrator” means the program administrator of this chapter.

(2) “Child” means an unmarried person who is under eighteen (18) years of age and

includes a stepchild or an adopted child.

(3) “Court” means the superior court.

(4) “Dependent” means a person wholly or partially dependent upon the income of the

victim at the time of his or her death or would have been so dependent but for the incapacity due

to the injury from which the death resulted. The term includes a child of the victim born after the

death of the victim.

(5) "Medical forensic examination" means an examination of a sexual assault victim

completed by a health care healthcare provider, who has specialized education and clinical

experience in the collection of forensic evidence and treatment of these victims, which includes:

(i) Gathering information from the victim for the medical forensic history;

(ii) An examination;

(iii) Documentation of biological and physical finding, and collection of evidence from the

patient; and

(iv) Documentation of findings.

(5)(6) “Office” means the office of the general treasurer.

(6)(7) “Pecuniary loss” includes:

(i) For personal injury:

(A) Medical expenses (including psychiatric care) for which the victim is not compensated

by any other source;

(B) Hospital expenses for which the victim is not compensated by any other source;

(D) Loss of future earnings because of a disability resulting from the personal injury for

which the victim is not compensated by any other source; and

(E) Direct expenses related to the delivery or obtainment of medical or counseling services,

or participation in criminal justice proceedings.

(ii) For death:

(A) Funeral and burial expenses for which the victim’s estate is not compensated by any

other source;

(B) Loss of support to the dependents of the victim for which the dependents are not

compensated by any other source; and

justice proceedings.

(iii) Any other expenses actually and necessarily incurred as a result of the personal injury

or death for which the victim or his or her estate is not compensated by any other source, but it does

not include property damage.

(7)(8) “Personal injury” means actual bodily harm, mental or nervous shock, and a

pregnancy resulting from sexual attack.

(8)(9) “Relative” means a spouse, parent, grandparent, stepfather, stepmother, child,

grandchild, brother, sister, half-brother, half-sister, and a spouse’s parents.

(9)(10) “Resident” means any person who has his or her residence within the state of Rhode

Island.

(10)(11) “Secondary victim” means a child who suffers an emotional injury as a direct

result of witnessing a homicide or incident of domestic violence.

(11)(12) “State” includes the District of Columbia, the fifty (50) states, and the United

States’ territories and possessions.

(12)(13) “Treasurer” means the general treasurer of the state of Rhode Island or his or her

designee.

(13)(14) “Victim” means a person who is injured or killed by any act of a person or persons

that is within the description of any of the offenses specified in § 12-25-20 and which act occurs in

the state of Rhode Island. “Victim” also means a resident of the state of Rhode Island who is a

victim of an act of terrorism as defined in 18 U.S.C. § 2331 occurring outside the United States or

within the United States as referred to in 34 U.S.C. § 20105.

(14)(15) “1972 Act” means the Criminal Injuries Compensation Act of 1972, established

pursuant to former §§ 12-25-1 — 12-25-12.1.

(15)(16) “1996 Act” means the Criminal Injuries Compensation Act of 1996, established

pursuant to §§ 12-25-16 — 12-25-31.

12-25-22. Limitations upon awarding compensation.

(a) Actions for compensation under this chapter shall be commenced within three (3) years

after the date of the injury or death, and no compensation shall be awarded for an injury or death

resulting from a crime that was not reported to the appropriate law enforcement authority within

fifteen (15) days of its occurrence; provided, that the office shall have the authority to allow a claim

that was not reported pursuant to this section when a victim of a sexual assault receives a medical

forensic examination within fifteen (15) days of the crime, when the victim or secondary victim

was below the age of eighteen (18) years of age, or of unsound mind, or for good cause shown.

(b) No compensation shall be awarded under this chapter to the victim, or in the case of

death to dependent relatives or to the legal representative, in a total amount in excess of twenty-

five thousand dollars ($25,000) plus any attorney fees awarded upon appeal to the treasurer or to

the superior court pursuant to § 12-25-25.

amount in excess of one thousand five hundred dollars ($1,500).

(d) No compensation shall be awarded when the office, in its discretion, determines that

unjust enrichment to or on behalf of the offender would result. Compensation under this chapter

shall not be awarded to any victim or dependent relative or legal representative if the award would

directly or indirectly inure to the benefit of the offender.

(e) No interest shall be included in or added to an award of compensation under this

chapter.

(f) When the plaintiff is the victim’s estate, it shall only be awarded compensation for the

victim’s actual medical, hospital, funeral, and burial expenses for which the victim or his or her

estate is not compensated by any other source and for the loss of support to the dependents of the

victim.

SECTION 2. This act shall take effect upon passage.

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LC004582/SUB A

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