2026 -- H 7547

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LC004643

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2026

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A N   A C T

RELATING TO CRIMINAL PROCEDURE -- CRIMINAL INJURIES COMPENSATION

     

     Introduced By: Representatives Furtado, Stewart, McGaw, Dawson, Cotter, Potter,
Donovan, Alzate, Messier, and Kislak

     Date Introduced: February 06, 2026

     Referred To: House Judiciary

     (General Treasurer)

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 12-25-20 and 12-25-21 of the General Laws in Chapter 12-25

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

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     12-25-20. Offenses to which chapter applies.

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     The office may award compensation in accordance with the provisions of this chapter for

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personal injury or death which resulted from offenses in the following categories:

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     (1) Assault with intent to commit murder, robbery, or rape;

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     (2) Assault with a dangerous weapon;

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     (3) Assault and battery;

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     (4) Mayhem;

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     (5) Indecent assault and battery on a child under thirteen (13) years of age;

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     (6) Arson or statutory burning;

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     (7) Kidnapping;

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     (8) Robbery or larceny from that person;

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     (9) Murder;

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     (10) Manslaughter;

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     (11) First or second degree sexual assault;

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     (12) Child molestation, first or second degree;

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     (13) The abominable and detestable crime against nature or assault with intent to commit

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the abominable and detestable crime against nature Stalking pursuant to § 11-59-2;

 

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     (14) Driving under the influence of alcohol or drugs;

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     (15) Refusal by a driver to submit to a chemical test for alcohol or drugs in the immediate

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aftermath of a collision;

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     (16) Driving so as to endanger, resulting in death, pursuant to § 31-27-1;

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     (17) Driving so as to endanger, resulting in personal injury, pursuant to § 31-27-1.1;

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     (18) Any other crime excluding motor vehicle offenses other than those enumerated in this

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section which results in personal injury or death; and

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     (19) Failure to stop by a driver in circumstances which result in the death of any person,

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pursuant to § 31-26-1.

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     12-25-21. Nature of compensation.

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     (a) The office may award compensation under this chapter for:

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     (1) Expenses actually and reasonably incurred as a result of the personal injury or death of

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the victim;

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     (2) Pecuniary loss to the dependents of the deceased victim;

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     (3) Any other pecuniary loss resulting from the personal injury or death of the victim, the

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amount of which the office finds upon the evidence to be reasonable and necessary;

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     (4) The administrator may issue a supplemental award for compensation for additional

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medical expenses, including psychiatric care and mental health counseling, provided that the victim

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provides proper documentation that the additional medical expenses have been actually and

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reasonably incurred as a direct result of the personal injury. The administrator shall issue a

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supplemental award as long as the total award does not exceed the maximum award allowable

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under this chapter;

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     (5) The administrator may issue an award for expenses related to psychiatric care and

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mental health counseling for a parent, spouse, sibling or child of a victim who dies as a direct result

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of a violent crime as defined in this chapter, provided that the parent, spouse, sibling or child

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provide proper documentation that the psychiatric care and mental health counseling have been

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actually and reasonably incurred as a direct result of the death of the victim; and

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     (6) The administrator may issue an award for expenses related to psychiatric care and

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mental health counseling for a secondary victim, provided that the secondary victim provides

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proper documentation that the psychiatric care and mental health counseling have been actually

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and reasonably incurred as a direct result of witnessing the homicide of a victim or the domestic

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violence incident against a victim. An award issued to a secondary victim for psychiatric care and

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mental health counseling shall not exceed one thousand five hundred dollars ($1,500) and shall not

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be paid upon a secondary victim reaching the age of eighteen (18); and

 

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     (7) Where an individual has been the victim of stalking, the administrator may only award

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emergency compensation for relocation or for reasonable modifications to a victim’s residence

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under § 12-25-21.1. Victims of stalking shall not be entitled to compensation for any other expense

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unless they were the victim of another compensable offense under § 12-25-20.

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     (b) In determining the amount of the judgment or order approving a settlement, the office

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shall take into consideration the rates and amounts payable for injuries and death under other

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statutes of this state and of the United States, and the amount of revenue in the violent crimes

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indemnity account and the number and nature of claims pending against it. The office shall make

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every effort to ensure that compensation awards are paid within six (6) months of the date of

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application.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL PROCEDURE -- CRIMINAL INJURIES COMPENSATION

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     This act would permit victims of stalking to recover expenses related to relocation or home

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modification under the crime victim compensation program, and would remove larceny and the

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abominable and detestable crime against nature or assault with intent to commit the abominable

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and detestable crime against nature as compensable offenses.

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     This act would take effect upon passage.

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