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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. 981
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR COLEMAN.
5671S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 595.025, 595.035, and 595.045, RSMo, and to enact in lieu thereof three new
sections relating to compensation for crime victims.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 595.025, 595.035, and 595.045, RSMo, 1
are repealed and three new sections enacted in lieu thereof, to 2
be known as sections 595.025, 595.035, and 595.045, to read as 3
follows:4
595.025. 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 for compensation shall be filed not later 5
than two years after [the occurrence of the crime or the 6
discovery of the crime upon which it is based] any of the 7
following, whichever occurs later: 8
(1) The occurrence of the crime upon which the claim 9
is based; 10
(2) The discovery of the crime upon which the claim is 11
based; 12
(3) The filing of criminal charges relating to the 13
claimant's claim for compensation; or 14
(4) The conviction of a crime relating to the 15
claimant's claim for compensation. 16
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Notwithstanding the foregoing, a claim filed by a victim of 17
an offense under sections 566.030, 566.031, 566.032, 18
566.034, 566.060, 566.061, 566.062, 566.064, 566.067, 19
566.068, 566.069, 566.071, 566.083, 566.086, 566.093, 20
566.095, 566.100, 566.101, 566.209, 566.210, 566.211, or 21
568.020, may be brought at any time. 22
3. Each claim shall be submitted to the department. 23
The department of public safety shall investigate such 24
claim, prior to the opening of formal proceedings. The 25
claimant shall be notified of the date and time of any 26
hearing on such claim. In determining the amount of 27
compensation for which a claimant is eligible, the 28
department shall consider the facts stated on the 29
application filed pursuant to section 595.015, and: 30
(1) Need not consider whether or not the alleged 31
assailant has been apprehended or brought to trial or the 32
result of any criminal proceedings against that person; 33
however, if any person is convicted of the crime which is 34
the basis for an application for compensation, proof of the 35
conviction shall be conclusive evidence that the crime was 36
committed; 37
(2) Shall determine the amount of the loss to the 38
claimant, or the victim's survivors or dependents; 39
(3) Shall determine the degree or extent to which the 40
victim's acts or conduct provoked, incited, or contributed 41
to the injuries or death of the victim. 42
4. The claimant may present evidence and testimony on 43
his own behalf or may retain counsel. The department of 44
public safety may, as part of any award entered under 45
sections 595.010 to 595.075, determine and allow reasonable 46
attorney's fees, which shall not exceed fifteen percent of 47
the amount awarded as compensation under sections 595.010 to 48
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595.075, which fee shall be paid out of, but not in addition 49
to, the amount of compensation, to the attorney representing 50
the claimant. No attorney for the claimant shall ask for, 51
contract for or receive any larger sum than the amount so 52
allowed. 53
5. The person filing a claim shall, prior to any 54
hearing thereon, submit reports, if available, from all 55
hospitals, physicians, surgeons, or other health care 56
providers who treated or examined the victim for the injury 57
for which compensation is sought. A hospital, physician, 58
surgeon, or other health care provider may submit reports on 59
behalf of the person filing a claim. If, in the opinion of 60
the department of public safety, an examination of the 61
injured victim and a report thereon, or a report on the 62
cause of death of the victim, would be of material aid, the 63
department of public safety may appoint a duly qualified, 64
impartial physician to make such examination and report. 65
6. Each and every payment shall be exempt from 66
attachment, garnishment or any other remedy available to 67
creditors for the collection of a debt. 68
7. Payments of compensation shall not be made directly 69
to any person legally incompetent to receive them but shall 70
be made to the parent, guardian or conservator for the 71
benefit of such minor, disabled or incapacitated person. 72
595.035. 1. For the purpose of determining the amount 1
of compensation payable pursuant to sections 595.010 to 2
595.075, the department of public safety shall, insofar as 3
practicable, formulate standards for the uniform application 4
of sections 595.010 to 595.075, taking into consideration 5
the provisions of sections 595.010 to 595.075, the rates and 6
amounts of compensation payable for injuries and death 7
pursuant to other laws of this state and of the United 8
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States, excluding pain and suffering for any claimant other 9
than a victim of a crime, and the availability of funds 10
appropriated for the purpose of sections 595.010 to 11
595.075. All decisions of the department of public safety 12
on claims pursuant to sections 595.010 to 595.075 shall be 13
in writing, setting forth the name of the claimant, the 14
amount of compensation and the reasons for the decision. 15
2. The crime victims' compensation fund is not a state 16
health program and is not intended to be used as a primary 17
payor to other health care assistance programs, but is a 18
public, quasi-charitable fund whose fundamental purpose is 19
to assist victims of violent crimes through a period of 20
financial hardship, as a payor of last resort. Accordingly, 21
any compensation paid pursuant to sections 595.010 to 22
595.075 shall be reduced by the amount of any payments, 23
benefits or awards received or to be received as a result of 24
the injury or death: 25
(1) From or on behalf of the offender; 26
(2) Under private or public insurance programs, 27
including Tricare, Medicare, Medicaid and other state or 28
federal programs, but not including any life insurance 29
proceeds; or 30
(3) From any other public or private funds, including 31
an award payable pursuant to the workers' compensation laws 32
of this state. 33
3. In determining the amount of compensation payable, 34
the department of public safety shall determine whether, 35
because of the victim's consent, provocation, incitement or 36
negligence, the victim contributed to the infliction of the 37
victim's injury or death, and shall reduce the amount of the 38
compensation or deny the claim altogether, in accordance 39
with such determination; provided, however, that the 40
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department of public safety may disregard the responsibility 41
of the victim for his or her own injury where such 42
responsibility was attributable to efforts by the victim to 43
aid a victim, or to prevent a crime or an attempted crime 44
from occurring in his or her presence, or to apprehend a 45
person who had committed a crime in his or her presence or 46
had in fact committed a felony. 47
4. In determining the amount of compensation payable 48
pursuant to sections 595.010 to 595.075, monthly Social 49
Security disability or retirement benefits received by the 50
victim shall not be considered by the department as a factor 51
for reduction of benefits. 52
595.045. 1. There is established in the state 1
treasury the "Crime Victims' Compensation Fund". A 2
surcharge of [seven] ten dollars [and fifty cents] shall be 3
assessed as costs in each court proceeding filed in any 4
court in the state in all criminal cases including 5
violations of any county ordinance or any violation of 6
criminal or traffic laws of the state, including an 7
infraction and violation of a municipal ordinance; except 8
that no such fee shall be collected in any proceeding in any 9
court when the proceeding or the defendant has been 10
dismissed by the court or when costs are to be paid by the 11
state, county, or municipality. A surcharge of [seven] ten 12
dollars [and fifty cents] shall be assessed as costs in a 13
juvenile court proceeding in which a child is found by the 14
court to come within the applicable provisions of 15
subdivision (3) of subsection 1 of section 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
shall be collected and disbursed in accordance with sections 20
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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
designee shall deposit fifty percent of the balance of funds 52
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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] one 89
hundred dollars upon a plea of guilty or a finding of guilt 90
for a class A or B felony; [forty-six] eighty dollars upon a 91
plea of guilty or finding of guilt for a class C, D, or E 92
felony; and [ten] forty dollars upon a plea of guilty or a 93
finding of guilt for any misdemeanor under Missouri law 94
except for those in chapter 252 relating to fish and game, 95
chapter 302 relating to drivers' and commercial drivers' 96
license, chapter 303 relating to motor vehicle financial 97
responsibility, chapter 304 relating to traffic regulations, 98
chapter 306 relating to watercraft regulation and licensing, 99
and chapter 307 relating to vehicle equipment regulations. 100
Any clerk of the court receiving moneys pursuant to such 101
judgments shall collect and disburse such crime victims' 102
compensation judgments in the manner provided by sections 103
488.010 to 488.020. Such funds shall be payable to the 104
state treasury and deposited to the credit of the crime 105
victims' compensation fund. 106
9. The clerk of the court processing such funds shall 107
maintain records of all dispositions described in subsection 108
1 of this section and all dispositions where a judgment has 109
been entered against a defendant in favor of the state of 110
Missouri in accordance with this section; all payments made 111
on judgments for alcohol-related traffic offenses; and any 112
judgment or portion of a judgment entered but not 113
collected. These records shall be subject to audit by the 114
state auditor. The clerk of each court transmitting such 115
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funds shall report separately the amount of dollars 116
collected on judgments entered for alcohol-related traffic 117
offenses from other crime victims' compensation collections 118
or services to victims collections. 119
10. The department of revenue shall maintain records 120
of funds transmitted to the crime victims' compensation fund 121
by each reporting court and collections pursuant to 122
subsection 16 of this section and shall maintain separate 123
records of collection for alcohol-related offenses. 124
11. The state courts administrator shall include in 125
the annual report required by section 476.350 the circuit 126
court caseloads and the number of crime victims' 127
compensation judgments entered. 128
12. All awards made to injured victims under sections 129
595.010 to 595.105 and all appropriations for administration 130
of sections 595.010 to 595.105, except sections 595.050 and 131
595.055, shall be made from the crime victims' compensation 132
fund. Any unexpended balance remaining in the crime 133
victims' compensation fund at the end of each biennium shall 134
not be subject to the provision of section 33.080 requiring 135
the transfer of such unexpended balance to the ordinary 136
revenue fund of the state, but shall remain in the crime 137
victims' compensation fund. In the event that there are 138
insufficient funds in the crime victims' compensation fund 139
to pay all claims in full, all claims shall be paid on a pro 140
rata basis. If there are no funds in the crime victims' 141
compensation fund, then no claim shall be paid until funds 142
have again accumulated in the crime victims' compensation 143
fund. When sufficient funds become available from the fund, 144
awards which have not been paid shall be paid in 145
chronological order with the oldest paid first. In the 146
event an award was to be paid in installments and some 147
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remaining installments have not been paid due to a lack of 148
funds, then when funds do become available that award shall 149
be paid in full. All such awards on which installments 150
remain due shall be paid in full in chronological order 151
before any other postdated award shall be paid. Any award 152
pursuant to this subsection is specifically not a claim 153
against the state, if it cannot be paid due to a lack of 154
funds in the crime victims' 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
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