Crime victims compensation.

WORKING DRAFT
2005
STATE OF WYOMING
05LSO-0547

HOUSE BILL
NO.
HB0187

Crime victims compensation.

Sponsored by:
Representative(s) Edwards

A BILL

for

AN ACT relating to crime victims; amending definitions; amending powers and duties; amending standards for compensation; repealing law; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 1
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40
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102(a) by creating a new paragraph (viii) and by amending or amending and renumbering (viii) through (xi) as (ix) through (xii), 1
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40
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104(a)(i), 1
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40
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109(b) and (c) are amended to read:

1
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102.

Definitions.

(a)

As used in this act:

(viii)

"Reckless" means conduct whereby the actor does not desire the consequences nonetheless foresees the possibility and consciously takes the risk; or, the state of mind in which a person does not care about the consequences of his actions.

(viii)
(ix)

"Relative of the victim" means his spouse, parent, grandparent, stepparent, child including natural born child, stepchild or adopted child, grandchild, brother or sister;

(ix)
(x)

"Victim" means:

(A)

A person who suffers personal injury or is killed in this state as a direct result of:

(I)

A criminal act of another person;

(II)

The person's good faith and reasonable effort in attempting to prevent the commission of a criminal act, or to apprehend a person engaging in a criminal act or assisting a law enforcement officer to do so;

(III)

Assisting or attempting to assist a person against whom a crime is being perpetrated or attempted;

(IV)

A federal crime occurring in Wyoming.

(B)

A resident who is a victim of a crime occurring outside this state if:

(I)

The crime would be compensable had it occurred inside this state
.
; and

(II)

The crime occurred in a state which does not have a crime victim compensation program, for which the victim is eligible as eligibility is set forth in W.S. 1
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40
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101 through 1
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40
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119.

(C)

A resident of this state who is injured or killed by an act of terrorism, as defined by 18 U.S.C. 2331, committed
inside or
outside the United States;

(D)

Family members who are Wyoming residents and who have suffered a pecuniary loss as a result of a terrorist attack in the United States, regardless of the actual victim's residency;

(E)

A resident of this state who is a victim of a crime involving terrorism occurring outside this state if:

(I)

The crime would be compensable had it occurred within this state; and

(II)

The resident of this state suffered a pecuniary loss as a direct result of the act of terrorism committed in another state of the United States.

(x)
(xi)

"Division" means the victim services division within the office of the attorney general, created by W.S. 9
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1
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636;

(xi)
(xii)

"Catastrophic injury" means any permanent disability of limbs or functions as a result of being a victim of a crime.

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40
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104.

Division
powers and duties.

(a)

The division shall:

(i)

Hear and determine all matters relating to claims for compensation
provided determinations and final decisions on victim's compensations awards made by the division shall be exempt from the Wyoming Administrative Procedure Act, including the provisions for judicial review under W.S. 16
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3
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114 and 16
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3
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115
;

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109.

Standards for compensation.

(b)

Loss of earnings and loss of future earnings shall be determined on the basis of the victim's average monthly earnings for the six (6) months immediately preceding the date of the injury, or
the current federal minimum wage
nine hundred dollars ($900.00)
, whichever is less.

(c)

Loss of support shall be determined on the basis of the victim's or defendant's average monthly earnings for the six (6) months immediately preceding the date of the injury, or
the current federal minimum wage
nine hundred dollars ($900.00)
, whichever is less.

Section 2.

W.S. 1
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40
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104(a)(iii) and (vi) is repealed.

Section 3.

This act is effective July 1, 2005.

(END)

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HB0187