HB 350: "An Act relating to adding personal injury, death, and property damage from arson in the first degree to the offenses compensable by the Violent Crimes Compensation Board."
00 HOUSE BILL NO. 350 01 "An Act relating to adding personal injury, death, and property damage from arson in 02 the first degree to the offenses compensable by the Violent Crimes Compensation 03 Board." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 18.67.010 is amended to read: 06 Sec. 18.67.010. Purpose. It is the purpose of this chapter to facilitate and 07 permit the payment of compensation to innocent persons injured or who have 08 suffered property damage, to dependents of persons killed, and to certain other 09 persons who by virtue of their relationship to the victim of a crime incur actual and 10 reasonable expense as a result of certain serious crimes or in attempts to prevent the 11 commission of crime or to apprehend suspected criminals. 12 * Sec. 2. AS 18.67.030(b) is amended to read: 13 (b) In order to be eligible for compensation under this chapter, the applicant 14 shall, before a hearing on an application under this chapter, submit reports, if
01 reasonably available, from all physicians or surgeons who have treated or examined 02 the victim in relation to the injury for which compensation is claimed at the time of or 03 subsequent to the victim's injury or death. If, in the opinion of the board, reports on the 04 previous medical history of the victim, a report on the examination of the injured 05 victim, or a report on the cause of death of the victim by an impartial medical expert 06 would be of material aid to its determination, the board shall order the reports and 07 examination. If the applicant is seeking compensation for property damage, the 08 applicant shall submit reports, estimates, and other information as required by 09 the board. 10 * Sec. 3. AS 18.67.070 is amended to read: 11 Sec. 18.67.070. Standards for compensation. For the purpose of 12 determining the amount of compensation payable under this chapter, the board shall, 13 insofar as practicable, formulate standards for uniform application of this chapter and 14 take into consideration rates and amounts of compensation payable for injuries, 15 [AND] death, and property damage under other laws of the state and of the United 16 States and the availability of funds appropriated for the purposes of this chapter. 17 * Sec. 4. AS 18.67.080(a) is amended to read: 18 (a) In a case in which a person is injured or killed by an incident specified in 19 AS 18.67.101(a)(1) [AS 18.67.101(1)], or by the act of any other person that is within 20 the description of offenses listed in AS 18.67.101(a)(2) [AS 18.67.101(2)], the board 21 may order the payment of compensation in accordance with the provisions of this 22 chapter: 23 (1) to or for the benefit of the injured person; 24 (2) in the case of personal injury or death of the victim, to a person 25 responsible or who had been responsible for the maintenance of the victim who has 26 suffered pecuniary loss or incurred expenses as a result of the injury or death; 27 (3) in the case of death of the victim, to or for the benefit of one or 28 more of the dependents of the victim; or 29 (4) to the provider of a service under AS 18.67.110(b). 30 * Sec. 5. AS 18.67.090(a) is amended to read: 31 (a) Up to the maximum set in AS 18.67.130(c), the board may award
01 compensation for losses and expenses allowable under AS 18.67.110 for which the 02 applicant is not compensated by the offender or a person on behalf of the offender, or 03 by the United States, a state, or any of its subdivisions or agencies, or a private source 04 or emergency awards under AS 18.67.120, for injury, [OR] death, or property 05 damage compensable under this chapter. 06 * Sec. 6. AS 18.67.101 is amended to read: 07 Sec. 18.67.101. Incidents and offenses to which this chapter applies. The 08 board may order the payment of compensation in accordance with the provisions of 09 this chapter for personal injury or death that resulted from 10 (1) an attempt on the part of the applicant to prevent the commission of 11 crime, or to apprehend a suspected criminal, or aiding or attempting to aid a police 12 officer to do so, or aiding a victim of crime; or 13 (2) the commission or attempt on the part of one other than the 14 applicant to commit any of the following offenses: 15 (A) murder in any degree; 16 (B) manslaughter; 17 (C) criminally negligent homicide; 18 (D) assault in any degree; 19 (E) kidnapping; 20 (F) sexual assault in any degree; 21 (G) sexual abuse of a minor; 22 (H) robbery in any degree; 23 (I) threats to do bodily harm; [OR] 24 (J) driving while under the influence of an alcoholic beverage, 25 inhalant, or controlled substance or another crime resulting from the operation 26 of a motor vehicle, boat, or airplane when the offender is under the influence 27 of an alcoholic beverage, inhalant, or controlled substance; or 28 (K) arson in the first degree. 29 * Sec. 7. AS 18.67.101 is amended by adding a new subsection to read: 30 (b) The board may order the payment of compensation in accordance with the 31 provisions of this chapter for property damage that resulted from arson in the first
01 degree. 02 * Sec. 8. AS 18.67.110 is amended to read: 03 Sec. 18.67.110. Nature of the compensation. (a) The board may order the 04 payment of compensation under this chapter for 05 (1) expenses actually and reasonably incurred as a result of the 06 personal injury or death of, or property damage suffered by, the victim; 07 (2) loss of earning power as a result of total or partial incapacity of the 08 victim, and reasonable expenses of job retraining of or similar employment-oriented 09 rehabilitative services for the victim; 10 (3) pecuniary loss to the dependents of the deceased victim; and 11 (4) any other loss resulting from the personal injury or death of, or 12 property damage suffered by, the victim that the board determines to be reasonable. 13 (b) The board may order that compensation under (a) of this section for a 14 service provided as a result of the personal injury or death of, or property damage 15 suffered by, the victim be paid directly to the provider of the service. 16 * Sec. 9. AS 18.67.130(a) is amended to read: 17 (a) An order for the payment of compensation may not be made under 18 AS 18.67.080 unless 19 (1) the application has been made within two years after the date of the 20 personal injury, [OR] death, or property damage; 21 (2) the personal injury, [OR] death, or property damage was the 22 result of an incident or offense listed in AS 18.67.101 that had been reported to the 23 police within five days of its occurrence or, if the incident or offense could not 24 reasonably have been reported within that period, within five days of the time when a 25 report could reasonably have been made; and 26 (3) in the discretion of the board, the applicant has cooperated with law 27 enforcement and prosecution officials to further prosecution of the offender if 28 appropriate and to avoid further injury by the offender to the applicant and injury to 29 persons in the care of the applicant who are exposed to possible injury by the offender. 30 * Sec. 10. AS 18.67.130(d) is amended to read: 31 (d) Orders for payment of compensation under this chapter may be made only
01 as to injuries, [OR] death, or property damage resulting from incidents or offenses 02 occurring on and after July 1, 1971. 03 * Sec. 11. AS 18.67.140 is amended to read: 04 Sec. 18.67.140. Recovery from offender. When an order for the payment of 05 compensation for personal injury, [OR] death, or property damage is made under 06 this chapter, the board, upon payment of the amount of the order, is subrogated to the 07 cause of action of the applicant against the person responsible for the injury, [OR] 08 death, or property damage and is entitled to bring an action against the person for the 09 amount of the damages sustained by the applicant. If an amount greater than that paid 10 under the order is recovered and collected in the action, the board shall pay the 11 balance to the applicant. 12 * Sec. 12. AS 18.67.180 is amended to read: 13 (5) "victim" means a person who is injured or killed or who suffers 14 property damage by an incident or offense specified in AS 18.67.101.