Bill Text: IN HB1289 | 2012 | Regular Session | Introduced

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Bill Title: Violent crimes compensation fund.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-11 - First reading: referred to Committee on Courts and Criminal Code [HB1289 Detail]

Download: Indiana-2012-HB1289-Introduced.html

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Introduced Version

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HOUSE BILL No. 1289

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DIGEST OF INTRODUCED BILL

Citations Affected: IC 5-2-6.1.

Synopsis: Violent crimes compensation fund. Provides that an alleged victim of a child sex crime may submit an application for compensation for victims of violent crime until the alleged victim turns 31 years of age. Provides that an alleged victim of a child sex crime may be awarded compensation even if the alleged victim did not report the crime to law enforcement within 72 hours after the crime occurred.

Effective: July 1, 2012.

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Lawson L

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    January 10, 2012, read first time and referred to Committee on Courts and Criminal Code.

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Introduced

Second Regular Session 117th General Assembly (2012)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2011 Regular Session of the General Assembly.

HOUSE BILL No. 1289

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    A BILL FOR AN ACT to amend the Indiana Code concerning state and local administration.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 5-2-6.1-7.5; (12)IN1289.1.1. -->     SECTION 1. IC 5-2-6.1-7.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 7.5. As used in this chapter, "victim of a child sex crime" means an individual who was the victim of:
        (1) child molesting (IC 35-42-4-3(a));
        (2) vicarious sexual gratification (IC 35-42-4-5);
        (3) child solicitation (IC 35-42-4-6);
        (4) child seduction (IC 35-42-4-7); or
        (5) incest (IC 35-46-1-3);
and was less than eighteen (18) years of age at the time the crime occurred.

SOURCE: IC 5-2-6.1-16; (12)IN1289.1.2. -->     SECTION 2. IC 5-2-6.1-16, AS AMENDED BY P.L.121-2006, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 16. (a) A person eligible for assistance under section 12 of this chapter may file an application for assistance with the division if the violent crime was committed in Indiana.
    (b) Except as provided in subsection (e), the application must be

received by the division not more than one hundred eighty (180) days after the date the crime was committed. The division may grant an extension of time for good cause shown by the claimant. However, and except as provided in subsection (e), the division may not accept an application that is received more than two (2) years after the date the crime was committed.
    (c) The application must be filed in the office of the division in person, through the division's web site, or by first class or certified mail. If requested, the division shall assist a victim in preparing the application.
    (d) The division shall accept all applications filed in compliance with this chapter. Upon receipt of a complete application, the division shall promptly begin the investigation and processing of an application.
     (e) An alleged victim of a child sex crime may submit an application to the division until the victim becomes thirty-one (31) years of age.

SOURCE: IC 5-2-6.1-17; (12)IN1289.1.3. -->     SECTION 3. IC 5-2-6.1-17, AS AMENDED BY P.L.129-2009, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 17. (a) Except for an alleged victim of a child sex crime, the division may not award compensation under this chapter unless the violent crime was reported to a law enforcement officer not more than seventy-two (72) hours after the occurrence of the crime.
    (b) The division may not award compensation under this chapter until:
        (1) law enforcement and other records concerning the circumstances of the crime are available; and
        (2) any criminal investigation directly related to the crime has been substantially completed.
    (c) If the crime involved a motor vehicle, the division may not award compensation under this chapter until an information or indictment alleging the commission of a crime has been filed by a prosecuting attorney.