ON FEBRUARY 26, 2024, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1021, AS AMENDED.
AMENDMENT #1 rewrites the bill to make changes to the Criminal Injuries Compensation Act, as described below.
COOPERATING IN THE INVESTIGATION AND PROSECUTION OF THE OFFENDER
Present law provides that the claimant has the burden of presenting all necessary facts in determining whether the claimant is entitled to compensation and is not entitled to compensation unless the claimant proves by the preponderance of the evidence certain listed requirements including that the claimant has fully cooperated with the police and the district attorney general in the investigation and prosecution of the offender, except in cases involving a victim of human trafficking where it is determined that the victim's cooperation may be impacted due to the victim's age, physical condition, psychological state, cultural or linguistic barriers, or any other health or safety concern that jeopardizes the victim's well-being.
This amendment amends the requirement in the above provision to, instead, provide that the claimant has fully cooperated with the police and the district attorney general in the investigation and prosecution of the offender, except in cases involving a victim where it is determined that the victim's cooperation may be or had been impacted due to the victim's age, physical condition, psychological state, cultural or linguistic barriers, or any other health or safety concern that jeopardizes the victim's well-being, including, but not limited to, a reasonable fear of retaliation or harm that would jeopardize the well-being of the victim or the victim's family.
WRITTEN DOCUMENTATION REQUIRED
Present law provides that the claimant must present written documentation to establish the facts required by present law. Such documentation must include, where appropriate, all medical and funeral bills, lost wage verifications, W-2 forms, death and birth certificates, and the incident report from the appropriate law enforcement agency.
This amendment amends the above provision to, instead, provide that the claimant must present written documentation to establish the facts required by present law including proof that an offense has occurred. Such documentation includes medical and funeral bills, lost wage verifications, W-2 forms, or death and birth certificates. Proof of an offense must include, at a minimum, the type of crime that occurred, the date of the crime, the name of the victim or victims, and the location of the crime. Proof of an offense may be demonstrated by providing documentation, such as (i) a criminal conviction documenting the crime directly related to the claim filed; (ii) a law enforcement report documenting the commission of a crime; (iii) an information charging an individual with a crime filed by a prosecuting attorney; (iv) an indictment by a grand jury; (v) a written communication by a law enforcement agency indicating a crime has occurred relative to the claim filed; (vi) court records evidencing the criminal prosecution of a crime relevant to the claim filed; (vii) medical records from a healthcare provider; (viii) a written communication from a prosecuting attorney or investigating law enforcement officer who has personal involvement in the prosecution or investigation of any criminal case relative to the claim filed; (ix) a report from child protective services or another government agency; (x) a restraining order issued by a court; or (xi) any other documentation requested by the division to show the commission of a crime.
PERSONS ELIGIBLE FOR COMPENSATION
Present law provides that a person or persons eligible for compensation under the Criminal Injuries Compensation Act include the following:
(1) A relative of the victim in case of the death of a victim, where the compensation is for unreimbursed or unreimbursable mental health counseling or treatment made necessary by the death of the victim; and
(2) A relative of the victim; the victim's aunt, uncle, or cousin; or an individual related to the victim by blood, if no estate of the victim is opened or to the legal representative of the estate of the victim in the case of the death of the victim, where the compensation is for unreimbursed or unreimbursable funeral or burial expenses.
This amendment revises (1) above to, instead, provide that a family member of the victim or person who resided with the victim, subject to the order of preference and priority between such persons, is eligible for such compensation in the case of the death of a victim, where the compensation is for unreimbursed or unreimbursable mental health counseling or treatment made necessary by the death of the victim.
This amendment revises (2) above to, instead, provide that the family of the victim; the victim's aunt, uncle, or cousin; or an individual related to the victim by blood, if no estate of the victim is opened, or the legal representative of the estate of the victim, is eligible for such compensation in the case of the death of the victim, where the compensation is for unreimbursed or unreimbursable funeral or burial expenses.
PROCEDURE - CLAIMS FOR COMPENSATION
Present law provides that a claim cannot be filed until the crime upon which the claim is based has been reported by the victim, or a member of the victim's family, to the proper authorities, and in no case may an award be made where the law enforcement records show that such report was made more than 48 hours after the occurrence of such crime unless, for good cause shown, it is found that the delay was justified.
This amendment increases the time period in which a victim or a family member must file a claim under the Criminal Injuries Compensation Act to within 15 days of the time by which such a victim or a family member must report to the proper authorities of the occurrence of such crime.

Statutes affected:
Introduced: 29-13-304(f), 29-13-304