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Session Laws, 1985
Volume 760, Page 4078   View pdf image
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4078

VETOES

(II) THE VICTIM HAS SEPARATED FROM THE OFFENDER
AND IS COOPERATING WITH THE PROSECUTION.

7.

[No award shall] AN AWARD MAY NOT be made on a claim unless
the claimant has incurred a minimum out-of-pocket loss of one
hundred dollars or has lost at least two continuous weeks'
earnings or support. Out-of-pocket loss [shall mean] MEANS
reimbursed and unreimbursable expenses or indebtedness reasonably
incurred for medical care, MENTAL HEALTH COUNSELING, FUNERAL
EXPENSES, or other services necessary as a result of the injury
upon which such claim is based.

8.

(a) A claim, when accepted for filing, shall be assigned by
the chairman to himself or to another member of the Board. All
claims arising from the death of an individual as a direct result
of a crime, shall be considered together by a single Board
member. THE CHAIRMAN MAY REASSIGN CASES AS NECESSARY.

12.

(a) (1) [No award shall] AN AWARD MAY NOT be made unless
the Board or Board members, as the case may be, finds that (1) a
crime was committed, (2) such crime directly resulted in personal
physical injury OR PSYCHOLOGICAL INJURY, to, or death of the
victim, and (3) police records show that such crime was promptly
reported to the proper authorities; and in no case may an award
be made where the police records show that such report was made
more than forty-eight hours after the occurrence of such crime
unless the Board, for good cause shown, finds the delay to have
been justified. The Board, upon finding that any claimant or
award recipient has not fully cooperated with all law enforcement
agencies, may deny or withdraw any award, as the case may be.

(2) An award may not be made unless funds are
appropriated and available for the full amount of the award. If
a multiyear award is made, the total amount of the award shall be
obligated and held for such period of time as is necessary to
complete payment in accordance with the provisions of the award.
If payment of the award is terminated for any reason subsequent
to June 30 of the fiscal year in which the award was made, the
remainder of the award shall revert to the general fund.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
be construed only prospectively and shall be applied only to
claims filed on or after the effective date of this Act.

 

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Session Laws, 1985
Volume 760, Page 4078   View pdf image
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