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.