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EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 980
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR COLEMAN.
5680S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 537.675, 537.684, 595.010, 595.040, and 595.045, RSMo, and to enact in lieu
thereof five new sections relating to state funds compensating certain injured persons.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 537.675, 537.684, 595.010, 595.040, 1
and 595.045, RSMo, are repealed and five new sections enacted 2
in lieu thereof, to be known as sections 537.675, 537.684, 3
595.010, 595.040, and 595.045, to read as follows:4
537.675. 1. As used in sections 537.675 through 1
537.693, the following terms mean: 2
(1) "Annual claims", that period of time commencing on 3
the first day of January of every year after December 31, 4
2002, and ending on the last day of that calendar year; 5
(2) "Commission", the labor and industrial relations 6
commission; 7
(3) "Division", the division of workers' compensation; 8
(4) "Punitive damage final judgment", an award for 9
punitive damages excluding interest that is no longer 10
subject to review by courts of this state or of the United 11
States; 12
(5) "Uncompensated tort victim", a person who: 13
(a) Is a party in a personal injury or wrongful death 14
lawsuit; or is a tort victim whose claim against the tort- 15
feasor has been settled for the policy limits of insurance 16
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covering the liability of such tort-feasor and such policy 17
limits are inadequate in light of the nature and extent of 18
damages due to the personal injury or wrongful death; 19
(b) Unless described in paragraph (a) of this 20
subdivision: 21
a. Has obtained a final monetary judgment in that 22
lawsuit described in paragraph (a) of this subdivision 23
against a tort-feasor for personal injuries, or wrongful 24
death in a case in which all appeals are final; 25
b. Has exercised due diligence in enforcing the 26
judgment; and 27
c. Has not collected the full amount of the judgment; 28
(c) Is not a corporation, company, partnership or 29
other incorporated or unincorporated commercial entity; 30
(d) Is not any entity claiming a right of subrogation; 31
(e) Was not on house arrest and was not confined in 32
any federal, state, regional, county or municipal jail, 33
prison or other correctional facility at the time he or she 34
sustained injury from the tort-feasor; 35
(f) Has not pleaded guilty to or been found guilty of 36
two or more felonies, where such two or more felonies 37
occurred within ten years of the occurrence of the tort in 38
question, and where either of such felonies involved a 39
controlled substance or an act of violence; [and] 40
(g) Is a resident of the state of Missouri or 41
sustained personal injury or death by a tort which occurred 42
in the state of Missouri; and 43
(h) Is a citizen of the United States, or is a lawful 44
permanent resident, or lawfully holds a valid visa issued by 45
the United States Department of State at the time of the 46
claim for dispensation. 47
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2. There is created the "Tort Victims' Compensation 48
Fund". Unexpended moneys in the fund shall not lapse at the 49
end of the biennium as provided in section 33.080. 50
3. Any party receiving a judgment final for purposes 51
of appeal for punitive damages in any case filed in any 52
division of any circuit court of the state of Missouri shall 53
notify the attorney general of the state of Missouri of such 54
award, except for actions claiming improper health care 55
pursuant to chapter 538. The state of Missouri shall have a 56
lien for deposit into the tort victims' compensation fund to 57
the extent of fifty percent of the punitive damage final 58
judgment which shall attach in any such case after deducting 59
attorney's fees and expenses. In each case, the attorney 60
general shall serve a lien notice by certified mail or 61
registered mail upon the party or parties against whom the 62
state has a claim for collection of its share of a punitive 63
damage final judgment. On a petition filed by the state, 64
the court, on written notice to all interested parties, 65
shall adjudicate the rights of the parties and enforce the 66
lien. The lien shall not be satisfied out of any recovery 67
until the attorney's claim for fees and expenses is paid. 68
The state can file its lien in all cases where punitive 69
damages are awarded upon the entry of the judgment final for 70
purposes of appeal. The state cannot enforce its lien until 71
there is a punitive damage final judgment. Cases resolved 72
by arbitration, mediation or compromise settlement prior to 73
a punitive damage final judgment are exempt from the 74
provisions of this section. Nothing in this section shall 75
hinder or in any way affect the right or ability of the 76
parties to any claim or lawsuit to compromise or settle such 77
claim or litigation on any terms and at any time the parties 78
desire. 79
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4. The state of Missouri shall have no interest in or 80
right to intervene at any stage of any judicial proceeding 81
pursuant to this section, except to enforce its lien rights 82
as provided in subsection 3 of this section. 83
5. Twenty-six percent of all payments deposited into 84
the tort victims' compensation fund and all interest 85
accruing on the principal regardless of source or 86
designation shall be transferred to the basic civil legal 87
services fund established in section 477.650. Moneys in the 88
tort victims' compensation fund shall not be used to pay any 89
portion of a refund mandated by Article X, Section 18 of the 90
Constitution. 91
6. The department of labor and industrial relations 92
shall verify compliance with the eligibility requirements of 93
any claimant under this section prior to authorizing payment 94
from the tort victims' compensation fund, and shall deny any 95
claim that fails to meet such requirements. 96
537.684. 1. A claim for compensation may be filed by 1
a person eligible for compensation or, if the person is an 2
incapacitated or disabled person, or a minor, by the 3
person's spouse, parent, conservator or guardian. 4
2. A claim shall be filed not later than two years 5
after the judgment upon which it is based becomes final and 6
all appeals are final. If there is no judgment, claims must 7
be filed within time limits prescribed pursuant to section 8
516.120, except for cases resulting in death, in which case 9
claims must be filed within time limits prescribed pursuant 10
to section 537.100. 11
3. Each claim shall be filed in person or by mail. 12
The division shall investigate such claim prior to the 13
opening of formal proceedings. The director of the division 14
shall assign an administrative law judge, associate 15
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administrative law judge or legal advisor within the 16
division to hear any claim for compensation filed. The 17
claimant shall be notified of the date and time of any 18
hearing on the claim. In determining the amount of 19
compensation for which a claimant is eligible, the division 20
shall: 21
(1) Consider the facts stated on the application filed 22
pursuant to section 537.678; 23
(2) Obtain a copy of the final judgment, if any, from 24
the appropriate court; 25
(3) Determine the amount of the loss to the claimant, 26
or the victim's survivors or dependents; and 27
(4) If there is no final judgment, determine the 28
degree or extent to which the victim's acts or conduct 29
provoked, incited or contributed to the injuries or death of 30
the victim. 31
4. The claimant may present evidence and testimony on 32
his or her own behalf or may retain counsel. The 33
administrative law judge may, as part of any award entered 34
under sections 537.675 to 537.693, determine and allow 35
reasonable attorney's fees, which shall not exceed fifteen 36
percent of the amount awarded as compensation under sections 37
537.675 to 537.693, which fee shall be paid out of, but not 38
in addition to, the amount of compensation, to the attorney 39
representing the claimant. No attorney for a claimant shall 40
ask for, contract for, or receive any larger sum than the 41
amount so allowed. 42
5. Prior to any hearing, the person filing a claim 43
shall submit reports, if available, from all hospitals, 44
physicians or surgeons who treated or examined the victim 45
for the injury for which compensation is sought. If, in the 46
opinion of the division, an examination of the injured 47
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victim or a report on the cause of death of the victim would 48
be of material aid, the division may appoint a duly 49
qualified, impartial physician to make an examination and 50
report. A finding of the judge or jury in the underlying 51
case shall be considered as evidence. 52
6. Each and every payment shall be exempt from 53
attachment, garnishment or any other remedy available to 54
creditors for the collection of a debt, provided however, 55
this section shall not in any way affect the right of any 56
attorney who represents or represented any claimant to 57
collect any fee or expenses to which he or she is entitled, 58
provided that attorney's fees awarded from the filing and 59
adjudication of the claim are determined to be just and 60
reasonable by the hearing officer and are not to exceed 61
fifteen percent of the applicant's payment from the tort 62
victims' compensation fund. 63
7. Payments of compensation shall not be made directly 64
to any person legally incompetent to receive them but shall 65
be made to the parent, guardian or conservator for the 66
benefit of such minor, disabled or incapacitated person. 67
8. For payment of all claims from the fund, the 68
division shall determine the aggregate amount of all awards 69
made on those claims filed during an annual claims period. 70
Such determination shall be made on or before the thirtieth 71
day of June in the next succeeding year. If the aggregate 72
value of the awards does not exceed the total amount of 73
money in the fund, then the awards shall be paid in full on 74
or before the thirtieth day of September in the next 75
succeeding year. If the aggregate value of the awards does 76
exceed the total amount of money in the fund, then the 77
awards shall be paid on a pro rata basis on or before the 78
thirtieth day of September in the next succeeding year. 79
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9. If there are no funds available, then no claim 80
shall be paid until funds have accumulated in the tort 81
victims' compensation fund and have been appropriated to the 82
division for payment to uncompensated tort victims. When 83
sufficient funds become available for payment of claims of 84
uncompensated tort victims, awards that have been determined 85
but have not been paid shall be paid in chronological order 86
with the oldest paid first, based upon the date on which the 87
application was filed with the division. Any award pursuant 88
to this subsection that cannot be paid due to a lack of 89
funds appropriated for payment of claims of uncompensated 90
tort victims shall not constitute a claim against the state. 91
10. In the event there are no funds available for 92
payment of claims, then the division may suspend all action 93
related to valuing claims and granting awards until such 94
time as funds in excess of one hundred thousand dollars have 95
accumulated in the tort victims' compensation fund, at which 96
time the division shall resume its claim processing duties. 97
595.010. 1. As used in sections 595.010 to 595.075, 1
unless the context requires otherwise, the following terms 2
shall mean: 3
(1) "Child", a dependent, unmarried person who is 4
under eighteen years of age and includes a posthumous child, 5
stepchild, or an adopted child; 6
(2) "Claimant", a victim or a dependent, relative, 7
survivor, or member of the family, of a victim eligible for 8
compensation pursuant to sections 595.010 to 595.075; 9
(3) "Conservator", a person or corporation appointed 10
by a court to have the care and custody of the estate of a 11
minor or a disabled person, including a limited conservator; 12
(4) "Counseling", problem-solving and support 13
concerning emotional issues that result from criminal 14
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victimization licensed pursuant to section 595.030. 15
Counseling is a confidential service provided either on an 16
individual basis or in a group. Counseling has as a primary 17
purpose to enhance, protect and restore a person's sense of 18
well-being and social functioning after victimization. 19
Counseling does not include victim advocacy services such as 20
crisis telephone counseling, attendance at medical 21
procedures, law enforcement interviews or criminal justice 22
proceedings; 23
(5) "Crime", an act committed in this state which, 24
regardless of whether it is adjudicated, involves the 25
application of force or violence or the threat of force or 26
violence by the offender upon the victim but shall include 27
the crime of driving while intoxicated, vehicular 28
manslaughter and hit and run; and provided, further, that no 29
act involving the operation of a motor vehicle except 30
driving while intoxicated, vehicular manslaughter and hit 31
and run which results in injury to another shall constitute 32
a crime for the purpose of sections 595.010 to 595.075, 33
unless such injury was intentionally inflicted through the 34
use of a motor vehicle. A crime shall also include an act 35
of terrorism, as defined in 18 U.S.C. Section 2331, which 36
has been committed outside of the United States against a 37
resident of Missouri; 38
(6) "Crisis intervention counseling", helping to 39
reduce psychological trauma where victimization occurs; 40
(7) "Department", the department of public safety; 41
(8) "Dependent", mother, father, spouse, spouse's 42
mother, spouse's father, child, grandchild, adopted child, 43
illegitimate child, niece or nephew, who is wholly or 44
partially dependent for support upon, and living with, but 45
shall include children entitled to child support but not 46
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living with, the victim at the time of his injury or death 47
due to a crime alleged in a claim pursuant to sections 48
595.010 to 595.075; 49
(9) "Direct service", providing physical services to a 50
victim of crime including, but not limited to, 51
transportation, funeral arrangements, child care, emergency 52
food, clothing, shelter, notification and information; 53
(10) "Director", the director of public safety of this 54
state or a person designated by him for the purposes of 55
sections 595.010 to 595.075; 56
(11) "Disabled person", one who is unable by reason of 57
any physical or mental condition to receive and evaluate 58
information or to communicate decisions to such an extent 59
that the person lacks ability to manage his financial 60
resources, including a partially disabled person who lacks 61
the ability, in part, to manage his financial resources; 62
(12) ["Emergency service", those services provided to 63
alleviate the immediate effects of the criminal act or 64
offense, and may include cash grants of not more than one 65
hundred dollars; 66
(13)] "Earnings", net income or net wages; 67
(13) "Eligible injured victim", a person who, at the 68
time of application for compensation from the crime victims' 69
compensation fund, is: 70
(a) A citizen of the United States, a lawful permanent 71
resident, or a person lawfully present in the United States 72
under a valid visa issued by the United States Department of 73
State; and 74
(b) Killed or suffers personal physical injury in this 75
state as a result of: 76
a. The commission or attempted commission of any crime 77
by another person; 78
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b. A good-faith attempt to assist a person against 79
whom a crime is being committed or attempted; or 80
c. Assisting a law enforcement officer in the 81
apprehension of a person the officer has reason to believe 82
has committed or attempted to commit a crime; 83
(14) "Emergency service", those services provided to 84
alleviate the immediate effects of the criminal act or 85
offense, and may include cash grants of not more than one 86
hundred dollars; 87
[(14)] (15) "Family", the spouse, parent, grandparent, 88
stepmother, stepfather, child, grandchild, brother, sister, 89
half brother, half sister, adopted children of parent, or 90
spouse's parents; 91
[(15)] (16) "Funeral expenses", the expenses of the 92
funeral, burial, cremation or other chosen method of 93
interment, including plot or tomb and other necessary 94
incidents to the disposition of the remains; 95
[(16)] (17) "Gainful employment", engaging on a 96
regular and continuous basis, up to the date of the incident 97
upon which the claim is based, in a lawful activity from 98
which a person derives a livelihood; 99
[(17)] (18) "Guardian", one appointed by a court to 100
have the care and custody of the person of a minor or of an 101
incapacitated person, including a limited guardian; 102
[(18)] (19) "Hit and run", the crime of leaving the 103
scene of a motor vehicle accident as defined in section 104
577.060; 105
[(19)] (20) "Incapacitated person", one who is unable 106
by reason of any physical or mental condition to receive and 107
evaluate information or to communicate decisions to such an 108
extent that he lacks capacity to meet essential requirements 109
for food, clothing, shelter, safety or other care such that 110
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serious physical injury, illness, or disease is likely to 111
occur, including a partially incapacitated person who lacks 112
the capacity to meet, in part, such essential requirements; 113
[(20)] (21) "Injured victim", a person: 114
(a) Killed or receiving a personal physical injury in 115
this state as a result of another person's commission of or 116
attempt to commit any crime; 117
(b) Killed or receiving a personal physical injury in 118
this state while in a good faith attempt to assist a person 119
against whom a crime is being perpetrated or attempted; 120
(c) Killed or receiving a personal physical injury in 121
this state while assisting a law enforcement officer in the 122
apprehension of a person who the officer has reason to 123
believe has perpetrated or attempted a crime; 124
[(21)] (22) "Law enforcement official", a sheriff and 125
his regular deputies, municipal police officer or member of 126
the Missouri state highway patrol and such other persons as 127
may be designated by law as peace officers; 128
[(22)] (23) "Offender", a person who commits a crime; 129
[(23)] (24) "Personal injury", physical, emotional, or 130
mental harm or trauma resulting from the crime upon which 131
the claim is based; 132
[(24)] (25) "Private agency", a not-for-profit 133
corporation, in good standing in this state, which provides 134
services to victims of crime and their dependents; 135
[(25)] (26) "Public agency", a part of any local or 136
state government organization which provides services to 137
victims of crime; 138
[(26)] (27) "Relative", the spouse of the victim or a 139
person related to the victim within the third degree of 140
consanguinity or affinity as calculated according to civil 141
law; 142
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[(27)] (28) "Survivor", the spouse, parent, legal 143
guardian, grandparent, sibling or child of the deceased 144
victim of the victim's household at the time of the crime; 145
[(28)] (29) "Victim", a person who suffers personal 146
injury or death as a direct result of a crime, as defined in 147
subdivision (5) of this subsection; 148
[(29)] (30) "Victim advocacy", assisting the victim of 149
a crime and his dependents to acquire services from existing 150
community resources. 151
2. As used in sections 595.010 to 595.075, the term 152
"alcohol-related traffic offense" means those offenses 153
defined by sections 577.001, 577.010, and 577.012, and any 154
county or municipal ordinance which prohibits operation of a 155
motor vehicle while under the influence of alcohol. 156
595.040. 1. Acceptance of any compensation under 1
sections 595.010 to 595.075 shall subrogate this state, to 2
the extent of such compensation paid, to any right or right 3
of action accruing to the claimant or to the victim to 4
recover payments on account of losses resulting from the 5
crime with respect to which the compensation has been paid. 6
The attorney general may enforce the subrogation, and he 7
shall bring suit to recover from any person to whom 8
compensation is paid, to the extent of the compensation 9
actually paid under sections 595.010 to 595.075, any amount 10
received by the claimant from any source exceeding the 11
actual loss to the victim. 12
2. The department shall have a lien on any 13
compensation received by the claimant, in addition to 14
compensation received under provisions of sections 595.010 15
to 595.075, for injuries or death resulting from the 16
incident upon which the claim is based. The claimant shall 17
retain, as trustee for the department, so much of the 18
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recovered funds as necessary to reimburse the Missouri crime 19
victims' compensation fund to the extent that compensation 20
was awarded to the claimant from that fund. 21
3. If a claimant initiates any legal proceeding to 22
recover restitution or damages related to the crime upon 23
which the claim is based, or if the claimant enters into 24
negotiations to receive any proceeds in settlement of a 25
claim for restitution or damages related to the crime, the 26
claimant shall give the department written notice within 27
fifteen days of the filing of the action or entering into 28
negotiations. The department may intervene in the 29
proceeding of a complainant to recover the compensation 30
awarded. If a claimant fails to give such written notice to 31
the department within the stated time period, or prior to 32
any attempt by claimant to reach a negotiated settlement of 33
claims for recovery of damages related to the crime upon 34
which the claim is based, the department's right of 35
subrogation to receive or recover funds from claimant, to 36
the extent that compensation was awarded by the department, 37
shall not be reduced in any amount or percentage by the 38
costs incurred by claimant attributable to such legal 39
proceedings or settlement, including, but not limited to, 40
attorney's fees, investigative cost or cost of court. If 41
such notice is given, [attorney] attorney's fees may be 42
awarded in an amount not to exceed [fifteen] ten percent of 43
the amount subrogated to the department. 44
4. Whenever compensation is awarded to a claimant who 45
is entitled to restitution from a criminal defendant, the 46
department may initiate restitution hearings in such 47
criminal proceedings or intervene in the same. The 48
department shall be entitled to receive restitution in such 49
proceedings to the extent compensation was awarded; 50
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provided, however, the department shall be exempt from the 51
payment of any fees or other charges for the recording of 52
restitution orders in the offices of the judges of probate. 53
The claimant shall notify this department when restitution 54
is ordered. Failure to notify the department will result in 55
possible forfeiture of any amount already received from the 56
department. 57
5. Whenever the department shall deem it necessary to 58
protect, maintain or enforce the department's right to 59
subrogation or to exercise any of its powers or to carry out 60
any of its duties or responsibilities, the attorney general 61
may initiate legal proceedings or intervene in legal 62
proceedings as the department's legal representative. 63
595.045. 1. There is established in the state 1
treasury the "Crime Victims' Compensation Fund". A 2
surcharge of seven dollars and fifty cents shall be assessed 3
as costs in each court proceeding filed in any court in the 4
state in all criminal cases including violations of any 5
county ordinance or any violation of criminal or traffic 6
laws of the state, including an infraction and violation of 7
a municipal ordinance; except that no such fee shall be 8
collected in any proceeding in any court when the proceeding 9
or the defendant has been dismissed by the court or when 10
costs are to be paid by the state, county, or municipality. 11
A surcharge of seven dollars and fifty cents shall be 12
assessed as costs in a juvenile court proceeding in which a 13
child is found by the court to come within the applicable 14
provisions of subdivision (3) of subsection 1 of section 15
211.031. 16
2. Notwithstanding any other provision of law to the 17
contrary, the moneys collected by clerks of the courts 18
pursuant to the provisions of subsection 1 of this section 19
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shall be collected and disbursed in accordance with sections 20
488.010 to 488.020 and shall be payable to the director of 21
the department of revenue. 22
3. The director of revenue shall deposit annually the 23
amount of two hundred fifty thousand dollars to the state 24
forensic laboratory account administered by the department 25
of public safety to provide financial assistance to defray 26
expenses of crime laboratories if such analytical 27
laboratories are registered with the federal Drug 28
Enforcement Agency or the Missouri department of health and 29
senior services. Subject to appropriations made therefor, 30
such funds shall be distributed by the department of public 31
safety to the crime laboratories serving the courts of this 32
state making analysis of a controlled substance or analysis 33
of blood, breath or urine in relation to a court proceeding. 34
4. The remaining funds collected under subsection 1 of 35
this section shall be denoted to the payment of an annual 36
appropriation for the administrative and operational costs 37
of the office for victims of crime and, if a statewide 38
automated crime victim notification system is established 39
pursuant to section 650.310, to the monthly payment of 40
expenditures actually incurred in the operation of such 41
system. Additional remaining funds shall be subject to the 42
following provisions: 43
(1) On the first of every month, the director of 44
revenue or the director's designee shall determine the 45
balance of the funds in the crime victims' compensation fund 46
available to satisfy the amount of compensation payable 47
pursuant to sections 595.010 to 595.075, excluding sections 48
595.050 and 595.055; 49
(2) [Beginning on September 1, 2004, and] On the first 50
of each month, the director of revenue or the director's 51
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designee shall deposit fifty percent of the balance of funds 52
available to the credit of the crime victims' compensation 53
fund and fifty percent to the services to victims' fund 54
established in section 595.100. 55
5. The director of revenue or such director's designee 56
shall at least monthly report the moneys paid pursuant to 57
this section into the crime victims' compensation fund and 58
the services to victims fund to the department of public 59
safety. 60
6. The moneys collected by clerks of municipal courts 61
pursuant to subsection 1 of this section shall be collected 62
and disbursed as provided by sections 488.010 to 488.020. 63
Five percent of such moneys shall be payable to the city 64
treasury of the city from which such funds were collected. 65
The remaining ninety-five percent of such moneys shall be 66
payable to the director of revenue. The funds received by 67
the director of revenue pursuant to this subsection shall be 68
distributed as follows: 69
(1) On the first of every month, the director of 70
revenue or the director's designee shall determine the 71
balance of the funds in the crime victims' compensation fund 72
available to satisfy the amount of compensation payable 73
pursuant to sections 595.010 to 595.075, excluding sections 74
595.050 and 595.055; 75
(2) [Beginning on September 1, 2004, and] On the first 76
of each month the director of revenue or the director's 77
designee shall deposit fifty percent of the balance of funds 78
available to the credit of the crime victims' compensation 79
fund and fifty percent to the services to victims' fund 80
established in section 595.100. 81
7. These funds shall be subject to a biennial audit by 82
the Missouri state auditor. Such audit shall include all 83
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records associated with crime victims' compensation funds 84
collected, held or disbursed by any state agency. 85
8. In addition to the moneys collected pursuant to 86
subsection 1 of this section, the court shall enter a 87
judgment in favor of the state of Missouri, payable to the 88
crime victims' compensation fund, of sixty-eight dollars 89
upon a plea of guilty or a finding of guilt for a class A or 90
B felony; forty-six dollars upon a plea of guilty or finding 91
of guilt for a class C, D, or E felony; and ten dollars upon 92
a plea of guilty or a finding of guilt for any misdemeanor 93
under Missouri law except for those in chapter 252 relating 94
to fish and game, chapter 302 relating to drivers' and 95
commercial drivers' license, chapter 303 relating to motor 96
vehicle financial responsibility, chapter 304 relating to 97
traffic regulations, chapter 306 relating to watercraft 98
regulation and licensing, and chapter 307 relating to 99
vehicle equipment regulations. Any clerk of the court 100
receiving moneys pursuant to such judgments shall collect 101
and disburse such crime victims' compensation judgments in 102
the manner provided by sections 488.010 to 488.020. Such 103
funds shall be payable to the state treasury and deposited 104
to the credit of the crime victims' compensation fund. 105
9. The clerk of the court processing such funds shall 106
maintain records of all dispositions described in subsection 107
1 of this section and all dispositions where a judgment has 108
been entered against a defendant in favor of the state of 109
Missouri in accordance with this section; all payments made 110
on judgments for alcohol-related traffic offenses; and any 111
judgment or portion of a judgment entered but not 112
collected. These records shall be subject to audit by the 113
state auditor. The clerk of each court transmitting such 114
funds shall report separately the amount of dollars 115
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collected on judgments entered for alcohol-related traffic 116
offenses from other crime victims' compensation collections 117
or services to victims collections. 118
10. The department of revenue shall maintain records 119
of funds transmitted to the crime victims' compensation fund 120
by each reporting court and collections pursuant to 121
subsection 16 of this section and shall maintain separate 122
records of collection for alcohol-related offenses. 123
11. The state courts administrator shall include in 124
the annual report required by section 476.350 the circuit 125
court caseloads and the number of crime victims' 126
compensation judgments entered. 127
12. All awards made to eligible injured victims under 128
sections 595.010 to 595.105 and all appropriations for 129
administration of sections 595.010 to 595.105, except 130
sections 595.050 and 595.055, shall be made from the crime 131
victims' compensation fund. Any unexpended balance 132
remaining in the crime victims' compensation fund at the end 133
of each biennium shall not be subject to the provision of 134
section 33.080 requiring the transfer of such unexpended 135
balance to the ordinary revenue fund of the state, but shall 136
remain in the crime victims' compensation fund. In the 137
event that there are insufficient funds in the crime 138
victims' compensation fund to pay all claims in full, all 139
claims shall be paid on a pro rata basis. If there are no 140
funds in the crime victims' compensation fund, then no claim 141
shall be paid until funds have again accumulated in the 142
crime victims' compensation fund. When sufficient funds 143
become available from the fund, awards which have not been 144
paid shall be paid in chronological order with the oldest 145
paid first. In the event an award was to be paid in 146
installments and some remaining installments have not been 147
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paid due to a lack of funds, then when funds do become 148
available that award shall be paid in full. All such awards 149
on which installments remain due shall be paid in full in 150
chronological order before any other postdated award shall 151
be paid. Any award pursuant to this subsection is 152
specifically not a claim against the state, if it cannot be 153
paid due to a lack of funds in the crime victims' 154
compensation fund. 155
13. When judgment is entered against a defendant as 156
provided in this section and such sum, or any part thereof, 157
remains unpaid, there shall be withheld from any 158
disbursement, payment, benefit, compensation, salary, or 159
other transfer of money from the state of Missouri to such 160
defendant an amount equal to the unpaid amount of such 161
judgment. Such amount shall be paid forthwith to the crime 162
victims' compensation fund and satisfaction of such judgment 163
shall be entered on the court record. Under no 164
circumstances shall the general revenue fund be used to 165
reimburse court costs or pay for such judgment. The 166
director of the department of corrections shall have the 167
authority to pay into the crime victims' compensation fund 168
from an offender's compensation or account the amount owed 169
by the offender to the crime victims' compensation fund, 170
provided that the offender has failed to pay the amount owed 171
to the fund prior to entering a correctional facility of the 172
department of corrections. 173
14. All interest earned as a result of investing funds 174
in the crime victims' compensation fund shall be paid into 175
the crime victims' compensation fund and not into the 176
general revenue of this state. 177
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15. Any person who knowingly makes a fraudulent claim 178
or false statement in connection with any claim hereunder is 179
guilty of a class A misdemeanor. 180
16. The department may receive gifts and contributions 181
for the benefit of crime victims. Such gifts and 182
contributions shall be credited to the crime victims' 183
compensation fund as used solely for compensating victims 184
under the provisions of sections 595.010 to 595.075. 185
17. The department of public safety shall verify 186
compliance with the eligibility requirements of any claimant 187
purporting to be an eligible injured victim under this 188
section prior to authorizing payment from the crime victims' 189
compensation fund, and shall deny any claim that fails to 190
meet such requirements. 191
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