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 | |
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Introduced By: Representatives Furtado, Stewart, McGaw, Dawson, Cotter, Potter, | |
Date Introduced: February 06, 2026 | |
Referred To: House Judiciary | |
(General Treasurer) | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 12-25-20 and 12-25-21 of the General Laws in Chapter 12-25 |
2 | entitled "Criminal Injuries Compensation" are hereby amended to read as follows: |
3 | 12-25-20. Offenses to which chapter applies. |
4 | The office may award compensation in accordance with the provisions of this chapter for |
5 | personal injury or death which resulted from offenses in the following categories: |
6 | (1) Assault with intent to commit murder, robbery, or rape; |
7 | (2) Assault with a dangerous weapon; |
8 | (3) Assault and battery; |
9 | (4) Mayhem; |
10 | (5) Indecent assault and battery on a child under thirteen (13) years of age; |
11 | (6) Arson or statutory burning; |
12 | (7) Kidnapping; |
13 | (8) Robbery or larceny from that person; |
14 | (9) Murder; |
15 | (10) Manslaughter; |
16 | (11) First or second degree sexual assault; |
17 | (12) Child molestation, first or second degree; |
18 | (13) The abominable and detestable crime against nature or assault with intent to commit |
19 | the abominable and detestable crime against nature Stalking pursuant to § 11-59-2; |
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1 | (14) Driving under the influence of alcohol or drugs; |
2 | (15) Refusal by a driver to submit to a chemical test for alcohol or drugs in the immediate |
3 | aftermath of a collision; |
4 | (16) Driving so as to endanger, resulting in death, pursuant to § 31-27-1; |
5 | (17) Driving so as to endanger, resulting in personal injury, pursuant to § 31-27-1.1; |
6 | (18) Any other crime excluding motor vehicle offenses other than those enumerated in this |
7 | section which results in personal injury or death; and |
8 | (19) Failure to stop by a driver in circumstances which result in the death of any person, |
9 | pursuant to § 31-26-1. |
10 | 12-25-21. Nature of compensation. |
11 | (a) The office may award compensation under this chapter for: |
12 | (1) Expenses actually and reasonably incurred as a result of the personal injury or death of |
13 | the victim; |
14 | (2) Pecuniary loss to the dependents of the deceased victim; |
15 | (3) Any other pecuniary loss resulting from the personal injury or death of the victim, the |
16 | amount of which the office finds upon the evidence to be reasonable and necessary; |
17 | (4) The administrator may issue a supplemental award for compensation for additional |
18 | medical expenses, including psychiatric care and mental health counseling, provided that the victim |
19 | provides proper documentation that the additional medical expenses have been actually and |
20 | reasonably incurred as a direct result of the personal injury. The administrator shall issue a |
21 | supplemental award as long as the total award does not exceed the maximum award allowable |
22 | under this chapter; |
23 | (5) The administrator may issue an award for expenses related to psychiatric care and |
24 | mental health counseling for a parent, spouse, sibling or child of a victim who dies as a direct result |
25 | of a violent crime as defined in this chapter, provided that the parent, spouse, sibling or child |
26 | provide proper documentation that the psychiatric care and mental health counseling have been |
27 | actually and reasonably incurred as a direct result of the death of the victim; and |
28 | (6) The administrator may issue an award for expenses related to psychiatric care and |
29 | mental health counseling for a secondary victim, provided that the secondary victim provides |
30 | proper documentation that the psychiatric care and mental health counseling have been actually |
31 | and reasonably incurred as a direct result of witnessing the homicide of a victim or the domestic |
32 | violence incident against a victim. An award issued to a secondary victim for psychiatric care and |
33 | mental health counseling shall not exceed one thousand five hundred dollars ($1,500) and shall not |
34 | be paid upon a secondary victim reaching the age of eighteen (18); and |
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1 | (7) Where an individual has been the victim of stalking, the administrator may only award |
2 | emergency compensation for relocation or for reasonable modifications to a victim’s residence |
3 | under § 12-25-21.1. Victims of stalking shall not be entitled to compensation for any other expense |
4 | unless they were the victim of another compensable offense under § 12-25-20. |
5 | (b) In determining the amount of the judgment or order approving a settlement, the office |
6 | shall take into consideration the rates and amounts payable for injuries and death under other |
7 | statutes of this state and of the United States, and the amount of revenue in the violent crimes |
8 | indemnity account and the number and nature of claims pending against it. The office shall make |
9 | every effort to ensure that compensation awards are paid within six (6) months of the date of |
10 | application. |
11 | 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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1 | This act would permit victims of stalking to recover expenses related to relocation or home |
2 | modification under the crime victim compensation program, and would remove larceny and the |
3 | abominable and detestable crime against nature or assault with intent to commit the abominable |
4 | and detestable crime against nature as compensable offenses. |
5 | This act would take effect upon passage. |
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