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statutes is repealed and the following is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statutes is repealed and the following is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