Substitute House Bill No. 6571
          Substitute House Bill No. 6571

               PUBLIC ACT NO. 97-59


AN ACT CONCERNING VICTIM SERVICES.


    Be  it  enacted  by  the  Senate  and House of
Representatives in General Assembly convened:
    Section  1.  Section  54-209  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    (a)  The Office  of  Victim  Services  or,  on
review,  a victim  compensation  commissioner  may
order the payment  of  compensation  in accordance
with the provisions  of  this chapter for personal
injury  or  death  which  resulted  from:  (1)  An
attempt to prevent  the  commission of crime or to
apprehend a suspected  criminal  or  in  aiding or
attempting to aid  a  police officer so to do, (2)
the commission or  attempt to commit by another of
any crime as  provided in section 53a-24, [or] (3)
the operation of a motor vehicle by another person
who was subsequently  convicted  with  respect  to
such operation for  a  violation of subsection (a)
of section 14-224  or  of section 14-227a, 53a-56b
or   53a-60d,   OR   (4)   ANY   CRIME   INVOLVING
INTERNATIONAL TERRORISM AS DEFINED IN SECTION 2331
OF TITLE 18 OF THE UNITED STATES CODE.
    (b)  In the absence of conviction, as provided
in subdivision  (3)  of  subsection  (a)  of  this
section,  the  Office  of  Victim  Services or, on
review, a  victim  compensation  commissioner  may
order  payment  of compensation under this section
if,  upon  consideration  of   all   circumstances
determined  to  be  relevant, the Office of Victim
Services or a victim compensation commissioner, as
the case may be, reasonably concludes that another
person has operated a motor vehicle  in  violation
of  subsection (a) of section 14-224 or of section
14-227a, 53a-56b or 53a-60d.
    (c)  Except  as provided in subdivision (3) of
subsection (a) and subsection (b) of this section,
no  act involving the operation of a motor vehicle
which results in injury shall constitute  a  crime
for  the  purposes  of  this  chapter  unless  the
injuries were intentionally inflicted through  the
use of the vehicle.
    (d)  Evidence  of  an order for the payment of
compensation by the Office of Victim Services or a
victim  compensation  commissioner  in  accordance
with the provisions of this chapter shall  not  be
admissible  in  any  civil proceeding to prove the
liability of any person for such  personal  injury
or  death  or  in any criminal proceeding to prove
the guilt or  innocence  of  any  person  for  any
crime.
    Sec.   2.   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
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, AS AMENDED BY SECTION 1 OF THIS ACT, 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.
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
[fourteen] 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.
    (b)  No  compensation shall be awarded if: (1)
The offender is unjustly enriched  by  the  award,
provided  compensation  awarded  to a victim which
would  benefit  the  offender  in  a  minimal   or
inconsequential  manner  shall  not  be considered
unjust enrichment; (2) the victim violated a penal
law  of  this  state,  which  violation  caused or
contributed to his injuries or death.
    (c)  No  compensation  shall  be  awarded  for
losses sustained for crimes  against  property  or
for   noneconomic   detriment  such  as  pain  and
suffering.
    (d)  No  compensation shall be awarded for the
first hundred dollars of injury sustained  and  no
such  compensation shall be in an amount in excess
of  fifteen  thousand  dollars  except  that  such
compensation   to   or  for  the  benefit  of  the
dependents of a homicide victim  shall  be  in  an
amount not to exceed twenty-five thousand dollars.
The claims of the dependents of a deceased victim,
as provided in section 54-208, shall be considered
derivative of the claim of  such  victim  and  the
total  compensation  paid  for  all claims arising
from the death of such victim shall not  exceed  a
maximum of twenty-five thousand dollars.
    (e)   Orders   for   payment  of  compensation
pursuant to this chapter may be made  only  as  to
injuries  or  death  resulting  from  incidents or
offenses arising on and  after  January  1,  1979,
except  that  orders  for  payment of compensation
pursuant to subdivision (3) of subsection  (a)  of
section  54-209,  AS  AMENDED BY SECTION 1 OF THIS
ACT, may be made only  as  to  injuries  or  death
resulting  from  incidents  or offenses arising on
and after July 1, 1985.
    (f) Compensation shall  be awarded pursuant to
this chapter for  bodily injury or death resulting
from a crime  which  occurs (1) within this state,
regardless  of the  residency  of  the  applicant;
[and]  (2)  outside  this  state  BUT  WITHIN  THE
TERRITORIAL  BOUNDARIES  OF   THE  UNITED  STATES,
provided the victim,  at  the  time  of  injury or
death, was a  resident of this state and the state
in which such  crime  occurred  does  not  have  a
program for compensation of victims for which such
victim   is  eligible;   AND   (3)   OUTSIDE   THE
TERRITORIAL  BOUNDARIES  OF   THE  UNITED  STATES,
PROVIDED   THE   APPLICANT    IS   A   VICTIM   OF
INTERNATIONAL  TERRORISM, AS  DEFINED  IN  SECTION
2331 OF TITLE  18  OF  THE UNITED STATES CODE, AND
WAS A RESIDENT OF THIS STATE AT THE TIME OF INJURY
OR DEATH.
    Sec.   3.   Section   54-215  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    The  Office of Victim Services shall establish
a Criminal Injuries  Compensation  Fund,  for  the
purpose    of   funding   the   compensation   and
restitution services provided for by this chapter.
The fund may contain any moneys required by law to
be deposited in the fund and shall be held by  the
Treasurer   separate  and  apart  from  all  other
moneys, funds and accounts. The  interest  derived
from  the investment of the fund shall be credited
to the fund. Amounts in the fund may  be  expended
only  pursuant  to  appropriation  by  the General
Assembly. Any balance remaining in the fund at the
end of any fiscal year shall be carried forward in
the fund for the fiscal year next succeeding.  The
cost paid into court under section 54-143 shall be
deposited  in  the  General  Fund  and  shall   be
credited  to  and  become  a part of said Criminal
Injuries  Compensation   Fund.   ANY   RESTITUTION
COLLECTED   BY   THE  OFFICE  OF  ADULT  PROBATION
PURSUANT  TO  SECTION  53a-30  AND  WHICH  IS  NOT
DISBURSED  WITHIN  FIVE  YEARS, BECAUSE THE VICTIM
COULD NOT BE LOCATED, SHALL BE  DEPOSITED  IN  THE
CRIMINAL INJURIES COMPENSATION FUND. If payment is
awarded under section 54-210  and  thereafter  the
court  orders  the  defendant in the criminal case
from which such injury or death resulted  to  make
restitution,  any  money  collected as restitution
shall be  paid  to  said  fund  unless  the  court
directs   otherwise.   Any   administrative  costs
related to the operation of said  fund,  including
credits to and payments of compensation therefrom,
shall be paid from said fund. Administrative costs
of    providing   direct   services,   [and]   the
proportionate share of any fixed costs  associated
with  such services, THE COSTS OF PROVIDING DIRECT
SERVICES TO VICTIMS AND  WITNESSES  OF  CRIMES  IN
ACCORDANCE  WITH SUBDIVISION (6) OF SUBSECTION (b)
OF SECTION 54-203, and any services offered by the
Office of Victim Services to witnesses and victims
of crime may be budgeted  for  payment  from  said
fund. The Office of Victim Services may also apply
for and receive moneys  for  said  fund  from  any
federal, state or private source.
    Sec.  4.  This  act shall take effect from its
passage.

Approved May 14, 1997