Substitute House Bill No. 5128

Public Act No. 00-110

An Act Concerning Applications For Payment Of Crime Victims' Compensation.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsection (a) of section 54-211 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) (1) No order for the payment of compensation shall be made under section 54-210, as amended, unless the application has been made within two years after the date of the personal injury or death, and the personal injury or death was the result of an incident or offense listed in section 54-209 which has been reported to the police within five days of its occurrence or, if the incident or offense could not reasonably have been reported within such period, within five days of the time when a report could reasonably have been made. (2) Notwithstanding the provisions of subdivision (1) of this subsection, any person who fails to make application for compensation within two years after the date of the personal injury or death as a result of physical, emotional or psychological injuries caused by such personal injury or death may apply for a waiver of such time limitation, provided in no event may such application for waiver of the time limitation be filed later than six years after the date of such personal injury or death. The Office of Victim Services, upon a finding of such physical, emotional or psychological injury, may grant such waiver. (3) Notwithstanding the provisions of subdivision (1) of this subsection, any minor who fails to make application for compensation within two years after the date of the personal injury or death through no fault of the minor, may apply for a waiver of such time limitation, provided in no event may such application be filed later than two years after such minor attains the age of majority, or seven years after the date of the personal injury or death, whichever is sooner. The Office of Victim Services, upon a finding that such minor is not at fault, may grant such waiver. (4) Notwithstanding the provisions of subdivision (1) of this subsection, a person who is a dependent of a victim may make application for payment of compensation not later than two years from the date that such person discovers or in the exercise of reasonable care should have discovered that the person upon whom the applicant was dependent was a victim or ninety days after the effective date of this act, whichever is later. Such person shall file with such application a statement signed under penalty of false statement setting forth the date when such person discovered that the person upon whom the applicant was dependent was a victim and the circumstances that prevented such person discovering that the person upon whom the applicant was dependent was a victim until more than two years after the date of the incident or offense. There shall be a rebuttable presumption that a person who files such a statement and is otherwise eligible for compensation under this chapter is entitled to compensation. (5) Any waiver denied by the Office of Victim Services under this subsection may be reviewed by a victim compensation commissioner, provided such request for review is made by the applicant within thirty days from the mailing of the notice of denial by the Office of Victim Services. If a victim compensation commissioner grants such waiver the commissioner shall refer the application for compensation to the Office of Victim Services for a determination pursuant to section 54-205.

Sec. 2. This act shall take effect from its passage.

Approved May 26, 2000