Bill Text: DE SB133 | 2011-2012 | 146th General Assembly | Draft
Bill Title: An Act To Amend Title 11 Of The Delaware Code Relating To Compensation For Innocent Victims Of Violent Crimes.
Spectrum: Slight Partisan Bill (Democrat 6-3)
Status: (Passed) 2011-07-08 - Signed by Governor [SB133 Detail]
Download: Delaware-2011-SB133-Draft.html
|
SPONSOR: |
Sen. Bunting & Rep. Kowalko |
|
Sens. Katz, Marshall & Simpson; Reps. Atkins, Bennett, Ramone & D. Short |
|
DELAWARE STATE SENATE 146th GENERAL ASSEMBLY |
|
SENATE BILL NO. 133 |
|
AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO COMPENSATION FOR INNOCENT VICTIMS OF VIOLENT CRIMES. |
Section 1.Amend Section 9009(10) of Title 11 of the Delaware Code by striking that paragraph in its entirety and by adding a new paragraph to read as follows:
"(10) Where compensation has been paid to a claimant, the Agency shall not reopen or reinvestigate a case after 2 years from the date of the last payment by the Agency, except where the Agency in its discretion determines that the circumstances render this requirement unreasonable.Where compensation has been denied to a claimant, reopening and reinvestigation shall be limited to the circumstances set forth in Superior Court Civil Rule 60."
Section2.Amend Section 9009(12) of Title 11 of the Delaware Code by striking the words "minor by an adult" and substituting in lieu thereof the word "child".
Section 3.Amend Section 9010(d) of Title 11 of the Delaware Code by striking the words "by an adult" wherever they appear therein.
Section 4.Amend Section 9010(a)(4) of Title 11of the Delaware Code by adding the following to the end of the sentence:"or the Agency in its discretion determines that the circumstances render this requirement unreasonable".
Section 5.Amend Section 9010(a)(5)(c) of Title 11 of the Delaware Code by adding the following after the word "involving" and before the words "sexual assault":"domestic violence,".
Section 6.Amend Section 9002(5)(c) of Title 11 of the Delaware Code by adding the words "or in violation of the United States Criminal Code," afterthe words "United States" and before the words "in which".
Section 7.Amend Section 9002(5)(f) of Title 11 of the Delaware Code by striking that paragraph in its entirety and by adding a new paragraph (f) to read as follows:
"(f)Any offense under the Criminal Code or the Motor Vehicle Code containing as an element the act of driving under the influence of alcohol or any drug or driving with a prohibited blood alcohol concentration, Vehicular Homicide in any degree, Vehicular Assault in any degree, operation of a Motor Vehicle Causing Death, or leaving the scene of an accident involving personal injury; or".
Section 8.Amend Section 9011(d) of Title 11 of the Delaware Code by striking the words "who are permanently and totally disabled" and substituting therefor the words "who sustain a permanent injury, or are totally disabled".
SYNOPSIS
|
This bill is the result of recommendations made by the Joint Sunset Committee and would clarify and extend the coverage of the Victims' Compensation Assistance Program.It clarifies the criteria for reopening cases, and distinguishes cases where payments have been made from cases where claims were denied.It eliminates the limitation on child victims of sexual assault and abuse requiring that the perpetrator be an adult.The Agency is given discretion to allow claims not filed within one year, where barring such claims would be unreasonable.The exception to the requirement of a prompt police report is extended to domestic violence cases.Victims of federal crimes occurring in other jurisdictions who have a Delaware domicile are made eligible for compensation.The qualifying offenses involving motor vehicles are clarified and broadened to include all those involving the act of driving under the influence of alcohol or drugs, as well as Vehicular Homicide, Vehicular Assault, and Operation of a Motor Vehicle Causing Death.Those eligible victims who are totally disabled or sustain a permanent injury may receive compensation up to $50,000, eliminating the previous requirement of "permanent and total disability". |
Author: Senator Sokola
