SB 338 Modifies provisions relating to crime victims
Sponsor: Rupp
LR Number: 1772L.07T Fiscal Note: 1772-07
Committee: Judiciary and Civil and Criminal Jurisprudence
Last Action: 7/10/2009 - Signed by Governor Journal Page:
Title: HCS SCS SB 338 Calendar Position:
Effective Date: August 28, 2009
House Handler: Lipke

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Current Bill Summary


HCS/SCS/SB 338 - Under Executive Order 07-07 (2007), the administration of the Crime Victims' Compensation Fund was transferred from the Department of Labor and Industrial Relations to the Department of Public Safety. This act would reflect such transfer in statute.

Under this act, the Department of Public Safety may receive gifts for the benefit of crime victims, which shall be credited to the Crime Victims' Compensation Fund.

The act provides that compensation from the fund shall not be paid to a victim injured while subject to electronic monitoring in the same manner as persons who are incarcerated or under house arrest.

Also, under executive order, the Department of Public Safety makes payments to medical providers to cover the charges of the forensic examinations of sexual assault victims, rather the Department of Health. This act would reflect such transfer of responsibility in statute. This act also specifies that medical providers shall use collection procedures developed for victims who are minors when appropriate. Also, the medical provider's report of a forensic examination shall no longer be filed with the prosecuting attorney within three days.

This act provides that compensation under the crime victims' compensation fund must be for reasonable expenses, and if such expenses are medical, they must be medically necessary. It also specifies that payment for forensic examinations to medical providers must be for reasonable charges. Under this act, claims for forensic examination charges by medical providers must be made within 90 days. Also, for consideration of such claim by the department, the examination charges submitted must be itemized and fall within the definition of a forensic examination.

Upon the victim's request, a photograph shall be taken of the incarcerated individual prior to release and given to the crime victim.

This act allows victims of certain serious crimes to be represented by counsel or a representative designated by the victim instead of appearing in person during an offender's parole and probation revocation hearings.

This act is similar to SB 332 (2007).

SUSAN HENDERSON MOORE