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art.025/2/037/1

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ARTICLE 25 SUBSTITUTE A

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RELATING TO CRIME VICTIMS' COMPENSATION FUND

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     SECTION 1. Section 12-25-8 of the General Laws in Chapter 12-25 entitled “Criminal

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Injuries Compensation” is hereby amended to read as follows:

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     12-25-28.  Special indemnity account for criminal injuries compensation. – (a) It is

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provided that the general treasurer establish a violent crimes indemnity account within the general

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fund for the purpose of paying awards granted pursuant to this chapter. The court shall assess as

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court costs in addition to those provided by law, against all defendants charged with a felony,

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misdemeanor, or petty misdemeanor, whether or not the crime was a crime of violence, and who

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plead nolo contendere, guilty or who are found guilty of the commission of those crimes as

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follows:

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     (1) Where the offense charged is a felony and carries a maximum penalty of five (5) or

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more years imprisonment, one hundred and fifty dollars ($150) or fifteen percent (15%) of any

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fine imposed on the defendant by the court, whichever is greater.

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     (2) Where the offense charged is a felony and carries a maximum penalty of less than five

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(5) years imprisonment, ninety dollars ($90.00) or fifteen percent (15%) of any fine imposed on

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the defendant by the court, whichever is greater.

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     (3) Where the offense charged is a misdemeanor, thirty dollars ($30.00) or fifteen percent

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(15%) of any fine imposed on the defendant by the court, whichever is greater.

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     (b) These costs shall be assessed whether or not the defendant is sentenced to prison and

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in no case shall they be waived by the court.

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     (c) When there are multiple counts or multiple charges to be disposed of simultaneously,

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the judge shall have the authority to suspend the obligation of the defendant to pay on all counts

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or charges above three (3).

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     (d) Up to five percent (5%) fifteen percent (15%) of the state funds raised under this

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section, as well as federal matching funds, shall be available to pay administrative expenses

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necessary to operate this program. Federal funds for this purpose shall not supplant currently

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available state funds, as required by federal law.

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     SECTION 2. This article shall take effect upon passage.