Bill Text: MI SB1004 | 2009-2010 | 95th Legislature | Introduced


Bill Title: Crime victims; compensation; amount of awards; increase. Amends sec. 11 of 1976 PA 223 (MCL 18.361).

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2009-12-03 - Referred To Committee On Appropriations [SB1004 Detail]

Download: Michigan-2009-SB1004-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 1004

 

 

December 3, 2009, Introduced by Senators KAHN and GARCIA and referred to the Committee on Appropriations.

 

 

 

     A bill to amend 1976 PA 223, entitled

 

"An act to create an agency concerned with crime victim services;

to prescribe its powers and duties; to provide compensation to

certain victims of crimes; to provide for the promulgation of

rules; and to provide for penalties,"

 

by amending section 11 (MCL 18.361), as amended by 2008 PA 390.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 11. (1) Except for a claim under section 5a, an award

 

made under this act shall be an amount not more than an out-of-

 

pocket loss, including indebtedness reasonably incurred for medical

 

or other services necessary as a result of the injury upon which

 

the claim is based, together with loss of earnings or support

 

resulting from the injury. The aggregate award under this act shall

 

not exceed $15,000.00 $25,000.00 per claimant.

 

     (2) Unless reduced under this act, an award made for loss of

 

earnings or support shall be in an amount equal to the actual loss


 

sustained. An award shall not exceed $200.00 $350.00 for each week

 

of lost earnings or support.

 

     (3) An award made for funeral expenses, including burial

 

expenses, and grief shall not exceed $5,000.00 for each victim. An

 

award under this subsection shall not exceed an additional $500.00

 

for each of the following services:

 

     (a) Grief counseling , shall be not less than $200.00 or more

 

than $2,000.00 for each victim. The award may include not more than

 

$500.00 to reimburse expenses for grief counseling for the victim's

 

spouse, child, parent, or sibling children, parents, siblings,

 

grandparents, and grandchildren.

 

     (b) Crime scene cleanup services after crime scene cleanup is

 

permitted by the investigating law enforcement agency, if the crime

 

scene is located at the residence of the victim or of a person

 

eligible for an award under section 4(1)(b).

 

     (4) An award for psychological counseling shall not exceed 26

 

35 hourly sessions per victim or intervenor. The award may include

 

not more than 8 family sessions that include any of the victim's or

 

intervenor's spouse, children, parents, or siblings who are not

 

criminally responsible for or an accomplice to the crime. The

 

maximum hourly reimbursement rate shall not exceed $80.00 per

 

hourly session for a therapist or counselor licensed or registered

 

to practice in this state, except that the maximum hourly

 

reimbursement rate shall not exceed $95.00 $125.00 per hourly

 

session for a psychologist or physician licensed to practice in

 

this state.

 

     (5) An award shall be reduced by the amount of 1 or more of


 

the following payments received or to be received as a result of

 

the injury:

 

     (a) From or on behalf of the person who committed the crime.

 

     (b) From insurance, but not including disability or death

 

benefits paid or to be paid to a peace officer or a corrections

 

officer on account of injuries sustained in the course of

 

employment.

 

     (c) From public funds, but not including disability or death

 

benefits paid or to be paid to a peace officer or a corrections

 

officer on account of injuries sustained in the course of

 

employment.

 

     (d) From an emergency award under section 9.

 

     (6) In making a determination on a claim filed by a person

 

listed in section 4(1)(a), (b), or (c), the commission shall

 

determine whether the victim's misconduct contributed to his or her

 

injury and shall reduce the amount of the award or reject the claim

 

altogether, in accordance with the determination. The commission

 

may disregard for this purpose the victim's responsibility for his

 

or her own injury if the record shows that the injury was

 

attributable to the victim's efforts to prevent a crime or an

 

attempted crime from occurring in his or her presence or to

 

apprehend a person who had committed a crime in his or her

 

presence. As used in this subsection, "misconduct" includes but is

 

not limited to provocation of or participation in a crime

 

contemporaneous with or immediately preceding the injury.

 

     (7) Except for a claim under section 5a, if the commission

 

finds that the claimant will not suffer serious financial hardship


 

as a result of the loss of earnings or support and the out-of-

 

pocket expenses incurred as a result of the injury if he or she is

 

not granted financial assistance, the commission shall deny the

 

award. In determining the serious financial hardship, the

 

commission shall consider all of the financial resources of the

 

claimant.

 

     (8) If the commission determines that the payment of an award

 

will cause substantial unjust enrichment and economic benefit to a

 

person criminally responsible for the crime, the commission shall

 

deny the payment.

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