A N     A C T

RELATING TO CRIMINAL INJURIES COMPENSATION

Introduced By: Representatives Carpenter, San Bento, Fox, Cicilline and Pisaturo

Date Introduced : March 25, 1999

It is enacted by the General Assembly as follows:

SECTION 1. Sections 12-25-1, 12-25-2, 12-25-3, 12-25-4, 12-25-5, 12-25-6, 12-25-7, 12-25-7.1, 12-25-8, 12-25-10, 12-25-12.1 and 12-25-15 of the General Laws in Chapter 12-25 entitled "Criminal Injuries Compensation" are hereby repealed.

{DEL 12-25-1. Title. -- DEL}{DEL Sections 12-25-1 to 12-25-12.1 may be cited as the "Criminal Injuries Compensation Act of 1972." DEL}

{DEL 12-25-2. Definitions. -- DEL}{DEL As used in sections 12-25-1 through 12-25-12.1: DEL}

{DEL (1) The term "child" means an unmarried person who is under eighteen (18) years of age and includes a stepchild or an adopted child. DEL}

{DEL (2) The term "court" means the superior court. DEL}

{DEL (3) The term "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 and shall include a child of the victim born after the death of the victim. DEL}

{DEL (4) The term "pecuniary loss" includes: DEL}

{DEL (A) For personal injury: DEL}

{DEL (i) Medical expenses (including psychiatric care) for which the victim is not compensated by any other source; DEL}

{DEL (ii) Hospital expenses for which the victim is not compensated by any other source; DEL}

{DEL (iii) Loss of past earnings for which the victim is not compensated by any other source; and DEL}

{DEL (iv) Loss of future earnings because of a disability resulting from the personal injury; DEL}

{DEL (B) For death: DEL}

{DEL (i) Funeral and burial expenses for which the victim's estate is not compensated by any other source; and DEL}

{DEL (ii) Loss of support to the dependents of the victim. DEL}

{DEL (C) 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. DEL}

{DEL (5) The term "personal injury" means actual bodily harm, mental or nervous shock, and a pregnancy resulting from a sexual attack. DEL}

{DEL (6) The term "relative" means a spouse, parent, grandparent, stepfather, stepmother, child, grandchild, brother, sister, half brother, half sister, and a spouse's parents. DEL}

{DEL (7) The term "resident" means any person who has his or her residence within the state of Rhode Island. DEL}

{DEL (8) The term "state" includes the District of Columbia, the 50 states, and the United States' territories and possessions. DEL}

{DEL (9) The term "treasurer" means the general treasurer of the state of Rhode Island or his or her designee. DEL}

{DEL (10) The term "victim" means a person who is injured or killed by any act of a person or persons which is within the description of any of the offenses specified in section 12-25-4 and which act occurs in the state of Rhode Island. DEL}

{DEL (11) The term "1972 Act" means the Criminal Injuries Compensation Act of 1972, established pursuant to sections 12-25-1 through 12-25-12.1. DEL}

{DEL (12) The term "1996 Act" means the Criminal Injuries Compensation Act of 1996, established pursuant to sections 12-25-16 through 12-25-30. DEL}

{DEL (13) The term "administrator" means the program administrator of the 1996 Act, established pursuant to sections 12-25-16 through 12-25-30. DEL}

{DEL 12-25-3. Awarding compensation. -- DEL}{DEL(a) In any case in which a person is injured or killed by any act of a person or persons which is within the description of the offenses listed in section 12-25-4, the victim, his or her guardian, the child advocate as provided in section 42-73-9.1, or in the case of his or her death, a legal representative, may commence in the superior court a civil action against the state of Rhode Island for compensation. In addition to service of a copy of the summons and complaint upon the attorney general and the treasurer in accordance with Rule 4 of the rules of civil procedure, notice of the action in accordance with the court's direction shall be accorded the person or persons accused of committing the offense, and any such person shall have the right to intervene. The court may render judgment for compensation or issue an order approving a settlement agreed to by the treasurer and claimant in accordance with the provisions of the 1972 Act, if such act occurs: DEL}

{DEL (1) Within the physical confines of the state of Rhode Island; or DEL}

{DEL (2) Within the maritime jurisdiction of the state of Rhode Island; or DEL}

{DEL (3) Outside the state of Rhode Island to any victim who has his or her residence in the state of Rhode Island and had the residence in the state at the time that the offense occurred, and is not entitled to compensation of any kind from the state, possession, or territory or district of the United States in which the offense occurred. DEL}

{DEL (b) The court may render judgment for compensation or issue an order approving a settlement as described above: DEL}

{DEL (1) To or on behalf of the injured person, or his or her guardian; or DEL}

{DEL (2) In the case of the personal injury of the victim, where the compensation is for pecuniary loss suffered or expenses incurred by any person responsible for the maintenance of the victim, to that person; or DEL}

{DEL (3) In the case of the death of the victim, to or for the benefit of the dependents or closest relative of the deceased victim, or any one or more of the dependents or to the legal representative of the victim. DEL}

{DEL (c) For the purposes of the 1972 Act, a person shall be deemed to have intended an act notwithstanding that, by reason of age, insanity, drunkenness, or otherwise, he or she was legally incapable of forming a criminal intent. DEL}

{DEL (d) In determining whether to render judgment for compensation or to issue an order approving a settlement as described above and the amount thereof the court and the treasurer may consider any circumstances it determines to be relevant, including the behavior of the victim which directly or indirectly contributed to his or her injury or death, unless the injury or death resulted from the victim's lawful attempt to prevent the commission of a crime or to apprehend an offender. DEL}

{DEL (e) No judgment or order approving a settlement for compensation may be entered unless the court, without a jury, so directs upon a finding that: DEL}

{DEL (1) Such an act did occur; and DEL}

{DEL (2) The injury or death resulted from the act. DEL}

{DEL (f) An order may be made under this section whether or not any person is prosecuted or convicted of any offense arising out of the act, or if the act is the subject of any other legal action. Upon application from the attorney general, or the person or persons alleged to have caused the injury or death, the court shall suspend proceedings under the 1972 Act until the application is withdrawn or until a prosecution for an offense arising out of the act is no longer pending or imminent. The court may suspend proceedings in the interest of justice if a civil action arising from the act is pending or imminent. DEL}

{DEL (g) Upon certification by the court, the treasurer of the state of Rhode Island shall pay to the person named in the judgment or order, approving a settlement the amount specified therein, and the payments shall be made from the violent crimes indemnity account and from any federal moneys available as coordinated by the treasurer. DEL}

{DEL (h) The treasurer shall be responsible for the legal representation and defense of all claims for compensation from the violent crimes indemnity account which are pending in the superior court. The treasurer, at his or her discretion, may: DEL}

{DEL (1) Defend the civil actions in superior court; or DEL}

{DEL (2) Present an order for settlement of the claim for approval by the court, if agreed to by the treasurer and claimant. DEL}

{DEL 12-25-4. Offenses to which the 1972 Act applies. -- DEL}{DEL The court may render judgment for compensation or issue an order approving a settlement in accordance with the provisions of the 1972 Act for personal injury or death which resulted from offenses in the following categories: DEL}

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

{DEL (2) Assault with a dangerous weapon; DEL}

{DEL (3) Assault and battery; DEL}

{DEL (4) Mayhem; DEL}

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

{DEL (6) Arson or statutory burning; DEL}

{DEL (7) Kidnapping; DEL}

{DEL (8) Robbery or larceny from the person; DEL}

{DEL (9) Murder; DEL}

{DEL (10) Manslaughter; DEL}

{DEL (11) Rape; DEL}

{DEL (12) The abominable and detestable crime against nature or assault with intent to commit the same; DEL}

{DEL (13) Driving under the influence of alcohol or drugs; DEL}

{DEL (14) Refusal by a driver to submit to a chemical test for alcohol or drugs in the immediate aftermath of a collision; DEL}

{DEL (15) Driving so as to endanger, resulting in death, pursuant to section 31-27-1; DEL}

{DEL (16) Driving so as to endanger, resulting in personal injury, pursuant to section 31-27-1.1; and DEL}

{DEL (17) Any other crime excluding motor vehicle offenses other than those enumerated above, which results in personal injury or death. DEL}

{DEL 12-25-5. Nature of the compensation. -- DEL}{DEL (a) The court may render judgment for compensation or issue an order approving a settlement under the 1972 Act for: DEL}

{DEL (1) Expenses actually and reasonably incurred as a result of the personal injury or death of the victim; DEL}

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

{DEL (3) Pain and suffering of the victim; and DEL}

{DEL (4) Any other pecuniary loss resulting from the personal injury or death of the victim, the amount of which the court finds upon the evidence to be reasonable and necessary. DEL}

{DEL (b) In determining the amount of the judgment or order approving a settlement, the court may, in its discretion, take into consideration the rates and amounts payable for injuries and death under other statutes of this state and of the United States, and the amount of revenue in the violent crimes indemnity account established pursuant to section 12-25-28 and the number and nature of claims pending against it. DEL}

{DEL 12-25-6. Limitations upon awarding compensation. -- DEL}{DEL (a) Actions for compensation under the 1972 Act shall be commenced within three (3) years after the date of the personal injury or death; and no compensation shall be awarded for an injury or death resulting from a crime which was not reported to the appropriate law enforcement authority within ten (10) days of its occurrence; provided, however, that the court or the treasurer with the concurrence of the court shall have the authority to allow a claim which was not reported pursuant to this section when the victim was below the age of eighteen (18) years of age or of unsound mind. DEL}

{DEL (b) No compensation shall be awarded under the 1972 Act 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 such attorney's fee as may be awarded pursuant to section 12-25-8(d). DEL}

{DEL (c) No compensation shall be awarded when the court or the treasurer, with the concurrence of the court, in its discretion, feels unjust enrichment to or on behalf of the offender would result. Compensation under the 1972 Act 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. DEL}

{DEL (d) No interest shall be included in or added to a judgment or order approving settlement under the 1972 Act. DEL}

{DEL (e) 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. DEL}

{DEL (f) The provisions of this section regarding notice shall apply to all actions by victims brought pursuant to the 1972 Act on or after January 1, 1986. DEL}

{DEL 12-25-7. Terms of the judgment. -- DEL}{DEL (a) Except as otherwise provided in this section, any judgment or order approving a settlement for the payment of compensation under the 1972 Act may be made on such terms as the court or the treasurer with the concurrence of the court deems appropriate. DEL}

{DEL (b) The court or the treasurer with the concurrence of the court shall deduct from any payments awarded under section 12-25-3 any payments received by the victim or by any of his or her dependents from the offender or from any person on behalf of the offender, or from the United States (except those received under the 1972 Act), the state of Rhode Island or any state or any of its subdivisions, or from any insurance carrier, for personal injury or death compensable under the 1972 Act, but only to the extent that the sum of the payments and any award under the 1972 Act are in excess of the total compensable injuries suffered by the victim as determined by the court or by the treasurer with the concurrence of the court. DEL}

{DEL 12-25-7.1. Subrogation -- Prohibited. -- DEL}{DEL No third party which has provided any compensation to the injured victim shall have any claim against the funds awarded pursuant to the 1972 Act to the victim or in the case of death to the victim's estate. DEL}

{DEL 12-25-8. Attorneys' fees. -- DEL}{DEL (a) (1) At the conclusion of proceedings under the 1972 Act, the attorney representing the plaintiff shall file a statement with the court setting forth the amount of fee proposed to be charged in connection with his or her efforts and services rendered in the proceedings. DEL}

{DEL (2) In determining the amount of compensation to be awarded an attorney, the court shall consider the time expended by the plaintiff's attorney in preparation, in settlement negotiations, and in court attendance, the total amount awarded to the plaintiff for injuries incurred, and the amount of revenue in the violent crimes indemnity account, together with the number and the nature of claims pending against it. DEL}

{DEL (3) The amount of compensation awarded to plaintiff's attorney shall not exceed fifteen percent (15%) of the total amount awarded to the plaintiff, or two thousand dollars ($2,000), whichever is less; provided, however, that in unusual circumstances, the court may award a larger attorney's fee if it finds that a departure from the limits set forth in this subsection is warranted, stating specific reasons upon which the finding and award is based. DEL}

{DEL (4) Attorneys fees shall not be awarded in those cases brought by the office of the child advocate. DEL}

{DEL (b) After the fee information is filed by an attorney under subsection (a), the court shall determine whether such proposed fee conforms with the standards set forth in subsection (a). If the court initially determines that the proposed fee does not so conform, the court shall, upon notice to the attorney, determine the amount of a reasonable fee to be awarded in accordance with those standards. DEL}

{DEL (c) Any attorney who charges, demands, receives, or collects for services rendered in connection with any proceedings under the 1972 Act any amount in excess of that allowed under this section, if any compensation is paid, shall be subject to disciplinary action and other appropriate action to be taken by the bar association of the state of Rhode Island. DEL}

{DEL (d) Upon certification by the court to the effect that the fee has been established, the treasurer of the state of Rhode Island shall pay to the attorney named in the certification the amount of the counsel fee which shall be paid from the violent crimes indemnity account. DEL}

{DEL 12-25-10. Recovery from offender. -- DEL}{DEL (a) Whenever any person is convicted of an offense and a judgment or order approving a settlement for the payment of compensation is or has been entered under the 1972 Act for a personal injury or death resulting from the act constituting such offense, the state of Rhode Island may institute an action against that person for the recovery of the whole or any specified part of the compensation in the superior court of the state of Rhode Island in any county, or in the state or federal court of any other state or district in which that person resides or is found. DEL}

{DEL (b) Process of the superior court for any county in any action under this section may be served by the sheriff of the county. Whenever it appears to the court in which any action under this section is pending that other parties should be brought before the court in the action, the court may cause those other parties to be summoned. DEL}

{DEL (c) An order for the payment of compensation under the 1972 Act shall not affect the right of any person to recover damages from any other person by a civil action for the injury or death. DEL}

{DEL 12-25-12.1. Lien to enforce payments fund. -- DEL}{DEL Any liens created pursuant to the 1972 Act shall remain in effect subject to other applicable provisions of law. DEL}

{DEL 12-25-15. Transition rules. -- DEL}{DEL The following transition rules shall be in effect until such time as no further claims exist pursuant to the 1972 act: DEL}

{DEL (a) No further claims shall be filed pursuant to the 1972 act, as of the effective date of this act [August 21, 1996]. All claims filed on or after the effective date of this act [August 21, 1996] shall be done through the 1996 act. DEL}

{DEL (b) All revenue in the violent crimes indemnity account of the 1972 act, established pursuant to section 12-25-12 [repealed], shall be transferred to the violent crimes indemnity account of the 1996 act, established pursuant to section 12-25-28. DEL}

{DEL (c) Those claimants with cases filed pursuant to the 1972 act with decisions pending shall have the option of transferring their cases to the 1996 act at any time prior to receiving final approval under the 1972 act. Decisions to transfer to the 1996 act shall be final and irrevocable. DEL}

{DEL (d) Those who do voluntarily transfer to the 1996 act shall abide by all provisions of the 1996 act, with the following exceptions: DEL}

{DEL (1) They shall be eligible to receive compensation for attorneys' fees, as provided for in the 1972 act, pursuant to section 12-25-8. Notwithstanding the foregoing, the basis for determining attorneys' fees shall be the amount awarded to the victim under the 1996 act. DEL}

{DEL (2) The requirement that action for compensation be commenced within one (1) year after the date of personal injury or death is hereby extended to three (3) years, and shall be considered satisfied as long as said requirement was met in the original filing under the 1972 act. DEL}

{DEL (3) The requirement that no compensation be awarded for an injury or death resulting from a crime which was not reported to the appropriate law enforcement authority within three (3) days of its occurrence is hereby extended to ten (10) days of its occurrence. DEL}

{DEL (e) Claims shall be paid in the chronological order in which decisions are made under either the 1972 or 1996 acts. DEL}

{DEL (f) No victim shall be permitted to have claims pending under both the 1972 and 1996 acts for the same incident. DEL}

{DEL (g) The administrator, appointed pursuant to section 12-25-18, shall oversee the transition from the 1972 act to the 1996 act and shall promulgate all rules and regulations necessary to effectuate the provisions and overall purpose of the transition and to carry out the provisions of the 1972 and 1996 acts. The rules and regulations shall be promulgated in accordance with the administrative procedures act, enacted pursuant to chapter 35 of title 42. DEL}

{DEL (h) In addition to the reporting requirements contained in section 12-25-27, the treasurer shall on March 1, 1997, and at least annually thereafter, report to the governor and the general assembly on the status of ending the backlog over time under the 1972 act, of offering assistance to greater numbers of victims each year, and of reducing the delay for future applicants seeking awards of compensation. DEL}

SECTION 2. Sections 12-25-18, 12-25-19, 12-25-20, 12-25-21, 12-25-22, 12-25-23 and 12-25-26 of the General Laws in Chapter 12-25 entitled "Criminal Injuries Compensation" are hereby amended to read as follows:

12-25-18. Program established. -- (a) The 1996 act shall be administered by the office of the general treasurer.

(b) The office shall administer the 1996 act in accordance with the provisions of sections 12-25-16 through 12-25-30. The treasurer shall designate a program administrator.

(c) The administrator shall promulgate all rules and regulations necessary to effectuate the provisions and overall purpose of the 1996 act. The rules and regulations shall be promulgated in accordance with the administrative procedures act, enacted pursuant to chapter 42 of title 35.

(d) The rules and regulations shall include, but not be limited to, an application process for victims that is easy to understand. The process shall include, but not be limited to, the filing of claim forms, reference to bills and other documentation supporting the claim, and proof of dependency, if relevant. All claims must contain a release of information necessary to investigate the claim.

(e) All state and municipal departments and agencies, including law enforcement agencies, as well as hospitals, physicians, and other service providers, shall cooperate with the office in the investigation of claims filed under the 1996 act.

(f) The administrator shall investigate each application for compensation, verify the information contained on the application and in all supporting documentation and award or deny compensation under the 1996 act. The administrator shall mail notice by certified mail, return receipt requested, and first class mail, stating the amount of compensation to be awarded or denied, and the reasons thereof.

(g) Within fifteen (15) days of the date of receipt of the notice of award or denial, the applicant may appeal the administrator's decision, in writing, to the treasurer or the treasurer's designee. The treasurer or treasurer's designee shall reconsider any award of compensation for which an appeal is received. After reconsideration of the award, the treasurer or treasurer's designee shall affirm the award or issue an amended award or denial.

(h) The administrator shall notify the applicant by certified mail, return receipt requested, and first class mail, of the decision upon appeal within thirty (30) days of receipt of the appeal. Such notice shall include information regarding the applicants right to judicial review of the decision.

(i) Appeals of the treasurer's or treasurer designee's decision may be brought to superior court {DEL for a trial de novo. DEL} {ADD pursuant to the administrative procedures act, as enacted in chapter 35 of title 42. ADD}

12-25-19. Awarding compensation. -- (a) In any case in which a person is injured or killed by any act of a person or persons which is within the description of the offenses listed in section 12-25-20, the victim, his or her guardian, the child advocate as provided in section 42-73-9.1, or in the case of his or her death, a legal representative, may apply to the office for compensation. The office shall provide notice of such application to the attorney general. The office may award compensation in accordance with the provisions of the 1996 act, if such act occurs:

(1) Within the physical confines of the state of Rhode Island; or

(2) Within the maritime jurisdiction of the state of Rhode Island; or

(3) Outside the state of Rhode Island to any victim who has his or her residence in the state of Rhode Island and had the residence in the state at the time that the offense occurred, and is not entitled to compensation of any kind from the state, possession, or territory or district of the United States in which the offense occurred.

(4) Outside the state of Rhode Island to any victim who had his or her residence in the state of Rhode Island at the time the offense occurred who is injured or killed by an act of terrorism occurring {ADD either ADD} outside of the United States, as defined in section 2331 of title 18, United States Code {DEL . DEL} {ADD , or within the United States as referred to in section 10603b of title 42, United States Code. ADD}

(b) The office may award compensation as described above;

(1) To or on behalf of the injured person, or his or her guardian; or

(2) In the case of the personal injury of the victim, where the compensation is for pecuniary loss suffered or expenses incurred by any person responsible for the maintenance of the victim, to that person; or

(3) In the case of the death of the victim, to or for the benefit of the dependents or closest relative of the deceased victim, or any one (1) or more of the dependents or to the legal representative of the victim.

(c) For the purposes of the 1996 act, a person shall be deemed to have intended an act notwithstanding that, by reason of age, insanity, drunkenness, or otherwise, he or she was legally incapable of forming a criminal intent.

(d) In determining whether to award compensation as described above and the amount thereof the office shall consider any circumstances it determines to be relevant, including, but not limited to, compliance by the victim with the reasonable requests of law enforcement agencies and personnel; violent felonious criminal conduct of the victim committed within the past five (5) years or subsequent to his or her injury; {ADD any conviction of a crime of violence by the victim; ADD} and the behavior of the victim which directly or indirectly contributed to his or her injury or death, unless the injury or death resulted from the victim's lawful attempt to prevent the commission of a crime or to apprehend an offender. The office may reduce or deny an award based on said circumstances.

{ADD Any individual who is incarcerated at any criminal institutional facility at the time of his or her injury shall be deemed ineligible to receive an award of compensation as described above. ADD}

(e) No compensation may be awarded unless the office so directs upon a finding that:

(1) Such an act did occur; and

(2) The injury or death resulted from the act.

(f) An award may be made under this section whether or not any person is prosecuted or convicted of any offense arising out of the act, or if the act is the subject of any other legal action. Upon application from the attorney general, the office shall suspend proceedings under the 1996 act until the application is withdrawn or until a prosecution for an offense arising out of the act is no longer pending or imminent. The office may suspend proceedings in the interest of justice if a criminal or civil action arising from the act is pending or imminent.

(g) The office shall pay to the person named in the award of compensation, and the payments shall be made from the violent crimes indemnity account and from any federal moneys available as coordinated by the office.

(h) {DEL The office may limit payments made directly to medical service providers in order to ensure that payments do not exceed those of other third (3rd) party payers for the same services. Medical service providers have to accept said payments as payments in full. DEL} {ADD Where compensable medical services have been rendered, any award made payable to a medical provider shall be based on the current final adjustment to charge ratio approved by the Department of Labor and Training pursuant to R.I.G.L. section 28-33-1 et seq. and applied by the Rhode Island Workers' Compensation Unit in establishing payout ratios for inpatient charges, emergency room charges, and ambulatory surgery charges. Amounts awarded for all other medical services shall be based on the current Rhode Island Workers' Compensation Medical Fee Schedule. If the provider employs a sliding scale fee structure for any category of patient or service, the award shall not exceed the amount the applicant would be charged if he qualified under the provider's sliding scale fee structure. Medical service providers shall be required to accept said awards as full payment for services rendered and shall be prohibited from assessing any additional charges against the victim. ADD}

12-25-20. Offenses to which the 1996 act applies. -- The office may award compensation in accordance with the provisions of the 1996 act for personal injury or death which resulted from offenses in the following categories:

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

(2) Assault with a dangerous weapon;

(3) Assault and battery;

(4) Mayhem;

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

(6) Arson or statutory burning;

(7) Kidnapping;

(8) Robbery or larceny from that person;

(9) Murder;

(10) Manslaughter;

(11) First or second degree sexual assault;

(12) Child molestation, 1st or 2nd degree;

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

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

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

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

(17) Driving so as to endanger, resulting in personal injury, pursuant to section 31-27-1.1; {DEL and DEL}

(18) Any other crime excluding motor vehicle offenses other than those enumerated {DEL above, DEL} {ADD herein, ADD} which results in personal injury or death {DEL . DEL} {ADD ; and ADD}

{ADD (19) Failure to stop by a driver in circumstances which result in the death of any person, pursuant to section 31-26-1. ADD}

12-25-21. Nature of compensation. -- (a) The office may award compensation under the 1996 act for:

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

(2) {DEL Reasonable anticipated future medical expenses (including psychiatric care and mental health counseling), to be paid after the initial award upon production of proper documentation by the victim; DEL}

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

(4) {DEL Pain and suffering of the victim; and DEL}

(5) Any other pecuniary loss resulting from the personal injury or death of the victim, the amount of which the office finds upon the evidence to be reasonable and necessary {DEL . DEL} {ADD ; and ADD}

{ADD (6) The administrator may issue a supplemental award for compensation for additional medical expenses, including psychiatric care and mental health counseling, provided that the victim provides proper documentation that the additional medical expenses have been actually and reasonably incurred as a direct result of the personal injury. The administrator shall issue a supplemental award as long as the total award does not exceed the maximum award allowable under this Act. ADD}

{ADD (7) The administrator may issue an award for expenses related to psychiatric care and mental health counseling for a parent, spouse, minor sibling or minor child of a victim who dies as a direct result of a violent crime as defined herein, provided that the parent, spouse, minor sibling or minor child provide proper documentation that the psychiatric care and mental health counseling have been actually and reasonably incurred as a direct result of the death of the victim. ADD}

(b) In determining the amount of the judgment or order approving a settlement, the office shall take into consideration the rates and amounts payable for injuries and death under other statutes of this state and of the United States, and the amount of revenue in the violent crimes indemnity account and the number and nature of claims pending against it. The office shall make every effort to ensure that compensation awards are paid within six (6) months of the date of application.

12-25-22. Limitations upon awarding compensation. -- (a) Actions for compensation under the 1996 act shall be commenced within {DEL one (1) year DEL} {ADD three (3) years ADD} after the date of the personal injury or death; and no compensation shall be awarded for an injury or death resulting from a crime which was not reported to the appropriate law enforcement authority within ten (10) days of its occurrence; provided, however, that the office shall have the authority to allow a claim which was not reported pursuant to this section when the 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 the 1996 act 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 section 12-25-25.

(c) 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 the 1996 act 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.

(d) No interest shall be included in or added to an award of compensation under the 1996 act.

(e) 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.

12-25-23. Terms of the award. -- (a) Except as otherwise provided in this section, any award of compensation under the 1996 act may be made on such terms as the office deems appropriate.

(b) {ADD The Criminal Injuries Compensation Act of 1996 shall be regarded as a fund of last resort. Accordingly, the ADD} {DEL The DEL} office shall deduct from any payments awarded under the 1996 act any payments received by the victim or by any of his or her dependents from the offender or from any person on behalf of the offender, or from the United States (except those received under the 1996 act), the state of Rhode Island or any state or any of its subdivisions, or from any insurance carrier, for personal injury or death compensable under the 1996 act, including lost wages, but only to the extent that the sum of the payments and any award under the 1996 act are in excess of the total compensable injuries suffered by the victim as determined by the office.

(c) Any person who submits a false or fraudulent application; intentionally makes or causes to be made any false statement or representation of a material fact in relation to any claim pending before the office; or intentionally conceals or fails to disclose information affecting the amount or the initial or continued right to any such award shall be punished by a fine of not more than one thousand dollars ($1,000) or imprisonment for not more than six (6) months, or both.

12-25-26. Recovery from offender. -- (a) Whenever any person is convicted of an offense and compensation is awarded under the 1996 act or under the 1972 act for a personal injury or death resulting from the act constituting such offense, the state of Rhode Island shall institute an action against that person for the recovery of the whole or any specified part of the compensation in the superior court of the state of Rhode Island in any county, or in the state or federal court of any other state or district in which that person resides or is found, or make a finding in writing, of the reasons why it is impractical or impossible to institute such an action. The office shall pursue such recovery whenever possible in order to provide additional funds for the violent crimes indemnity account. The administrator shall develop rules and regulations pursuant to the administrative procedures act, enacted pursuant to chapter 35 of title 42, to identify those so convicted, determine their ability to compensate the fund, and file whatever action is appropriate to recoup those funds.

(b) Process of the superior court for any county in any action under this section may be served by the sheriff of the county. Whenever it appears to the court in which any action under this section is pending that other parties should be brought before the court in the action, the court may cause those other parties to be summoned.

(c) An order for the payment of compensation under the 1996 act or under the 1972 act shall not affect the right of any person to recover damages from any other person by a civil action for the injury or death.

{ADD (d) An action instituted by the state of Rhode Island against any person for the recovery of the whole or any specified part of the compensation awarded under the 1996 Act or under the 1972 Act shall be commenced within ten (10) years from the date compensation is awarded, and not thereafter. ADD}

SECTION 3. Chapter 12-25 of the General Laws entitled "Criminal Injuries Compensation" is hereby amended by adding thereto the following sections:

{ADD 12-25-21.1. Emergency fund for victims. -- ADD} {ADD (a) The office may award emergency compensation under the 1996 act for the burial expenses of a victim who dies as a direct result of a violent crime as defined herein. ADD}

{ADD (b) Such award for emergency compensation shall be awarded at the sole discretion of the program administrator of the criminal injuries compensation act of 1996. ADD}

{ADD (c) Such an award for emergency compensation shall not exceed the sum of five thousand dollars ($5,000). ADD}

{ADD (d) The award for emergency compensation shall be deducted from the final award. In the event the victim is not eligible for an award, the victim shall repay the amount of the emergency award to the fund. ADD}

{ADD 12-25-30.1. Disclosure of records as to claims; confidentiality. -- ADD} {ADD All medical records, mental health counseling records, employment information, personal financial information and investigative records received, obtained or maintained by the administrator in connection with any application for compensation shall be maintained as confidential investigative material, and shall not be released or disclosed to any person or entity whatsoever, except as authorized by the applicant or as otherwise provided by law. The application and the notice of award or denial shall be deemed public records. ADD}

SECTION 4. This act shall take effect September 1, 1999, and shall be applicable to all offenses resulting in personal injury or death which occur on or after September 1, 1999.