Bill Summary – FastDemocracy

67th Legislature                                                                                                  HB 211.1
                                                   HOUSE BILL NO. 211
                                               INTRODUCED BY G. FRAZER
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   A BILL FOR AN ACT ENTITLED: “AN ACT REVISING LAWS REGARDING VICTIM COMPENSATION;
   PROVIDING A PARENT OR GUARDIAN OF A MINOR VICTIM OF A SEXUAL OFFENSE IS ENTITLED TO
   CLAIM WAGE LOSS BENEFITS FOR ACTUAL WAGE LOSS DUE TO TAKING CARE OF THEIR CHILD AND
   TAKING THEIR CHILD TO MENTAL HEALTH OR MEDICAL TREATMENT DUE TO CRIMINALLY
   INJURIOUS CONDUCT RELATED TO THE CHILD'S VICTIMIZATION; AND AMENDING SECTION 53-9-128,
   MCA.”
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   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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              Section 1. Section 53-9-128, MCA, is amended to read:
              "53-9-128.    Compensation benefits. (1) A claimant is entitled to weekly compensation benefits when
   the claimant has a total actual loss of wages due to injury as a result of criminally injurious conduct. During the
   time the claimant seeks weekly benefits, the claimant, as a result of the injury, must have no reasonable
   prospect of being regularly employed in the normal labor market. The weekly benefit amount is 66 2/3% of the
   wages received at the time of the criminally injurious conduct, subject to a maximum of one-half the state's
   average weekly wage as determined in 39-51-2201. Weekly compensation payments must be made at the end
   of each 2-week period. Weekly compensation payments may not be paid for the first week after the criminally
   injurious conduct occurred, but if total actual loss of wages continues for 1 week, weekly compensation
   payments must be paid from the date the wage loss began. Weekly compensation payments must continue
   until the claimant has a reasonable prospect of being regularly employed in the normal labor market.
              (2)   The claimant is entitled to be reimbursed for reasonable services by a physician or surgeon,
   reasonable hospital services and medicines, and other treatment approved by the office for the injuries suffered
   due to criminally injurious conduct. Unless expressly requested by the claimant, benefits may not be paid under
   this subsection until the claimant has been fully compensated for total wage loss benefits as provided in
   subsection (1) or (7).
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67th Legislature                                                                                                     HB 211.1
              (3)   (a) The dependents of a victim who is killed as a result of criminally injurious conduct are entitled
   to receive, in a gross single amount payable to all dependents, weekly benefits amounting to 66 2/3% of the
   wages received at the time of the criminally injurious conduct causing the death, subject to a maximum of one-
   half the state's average weekly wage as determined in 39-51-2201. Weekly compensation payments must be
   made at the end of each 2-week period.
              (b)   Benefits under subsection (3)(a) must be paid to the spouse for the benefit of the spouse and
   other dependents unless the office determines that other payment arrangements should be made. If a spouse
   dies or remarries, benefits under subsection (3)(a) must cease to be paid to the spouse but must continue to be
   paid to the other dependents as long as their dependent status continues.
              (4)   Reasonable funeral and burial expenses of the victim, not exceeding $3,500, must be paid if all
   other collateral sources have properly paid expenses but have not covered all expenses.
              (5)   Compensation payable to a victim and all of the victim's dependents in cases of the victim's death
   because of injuries suffered due to an act of criminally injurious conduct may not exceed $25,000 in the
   aggregate.
              (6)   Compensation benefits are not payable for pain and suffering, inconvenience, physical
   impairment, or nonbodily damage.
              (7)   (a) A person who has suffered injury as a result of criminally injurious conduct and as a result of
   the injury has no reasonable prospect of being regularly employed in the normal labor market and who was
   employable but was not employed at the time of the injury may in the discretion of the office be awarded weekly
   compensation benefits in an amount determined by the office not to exceed $100 per week. Weekly
   compensation payments must continue until the claimant has a reasonable prospect of being regularly
   employed in the normal labor market. The claimant must be awarded benefits as provided in subsection (2).
              (b)   The dependents of a victim who is killed as a result of criminally injurious conduct and who was
   employable but not employed at the time of death may in the discretion of the office be awarded, in a gross
   single amount payable to all dependents, a sum not to exceed $100 per week, which is payable in the manner
   and for the period provided by subsection (3)(b) or for a shorter period as determined by the office. The
   claimant must be awarded benefits as provided in subsection (4).
              (8)   Except for benefits paid under subsections (3), (5), and (7)(b) or other benefits paid when the
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67th Legislature                                                                                                        HB 211.1
   victim is killed as a result of criminally injurious conduct, amounts payable as weekly compensation may not be
   commuted to a lump sum and may not be paid less frequently than every 2 weeks.
              (9)   (a) Subject to the limitations in subsection (9)(d) (9)(e), the spouse, parent, child, brother, or sister
   of a victim who is killed as a result of criminally injurious conduct is entitled to reimbursement for mental health
   treatment received as a result of the victim's death.
              (b)   Subject to the limitations in subsection (9)(d) (9)(e), the parent, brother, or sister of a minor who is
   a victim of criminally injurious conduct involving a sexual offense and who is not entitled to receive services
   under Title 41, chapter 3, is entitled to reimbursement for mental health treatment received as a result of that
   criminally injurious conduct.
              (c)   Subject to the limitations in subsection (9)(e), the parent or guardian of a minor who is a victim of
   criminally injurious conduct involving a sexual offense and who is not entitled to receive services under Title 41,
   chapter 3, is entitled to:
              (i)   claim benefits under subsection (1);
              (ii) mileage at the rate allowed by the internal revenue service for the current year; and
              (iii) if not receiving benefits under (9)(c)(i), actual wage loss reimbursement for wage loss incurred
   taking the minor victim to mental health or medical treatment received as a result of that criminally injurious
   conduct.
              (c)(d)   Subject to the limitations in subsection (9)(d) (9)(e), minor children who were present in a home
   where domestic violence occurred are entitled to reimbursement for mental health treatment received as a
   result of that criminally injurious conduct.
              (d)(e)   Total payments made under subsections (9)(a) through (9)(c) (9)(d) may not exceed $2,000
   $5,000 or 12 consecutive months of treatment for each person, whichever occurs first."
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                                                                    -3-                      Authorized Print Version – HB 211
Statutes affected: 
HB0211_1.pdf: 53-9-128
HB0211_X.pdf: 53-9-128
Enrolled: 53-9-128
Introduced: 53-9-128