Bill Text: MS HB1229 | 2015 | Regular Session | Introduced
Bill Title: MS Crime Victims' Compensation Act; increase amounts paid to victims by 50%.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2015-02-03 - Died In Committee [HB1229 Detail]
Download: Mississippi-2015-HB1229-Introduced.html
MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Judiciary B; Appropriations
By: Representative Reynolds
House Bill 1229
AN ACT TO AMEND SECTIONS 99-41-5, 99-41-23 AND 99-41-25, MISSISSIPPI CODE OF 1972, TO INCREASE BY FIFTY PERCENT THE MAXIMUM AMOUNTS TO BE PAID TO VICTIMS THROUGH THE MISSISSIPPI CRIME VICTIMS' COMPENSATION ACT; TO BRING FORWARD SECTIONS 47-7-49, 99-19-73, 99-37-25, 99-41-17, 99-41-21, 99-41-27 AND 99-41-29, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 99-41-5, Mississippi Code of 1972, is amended as follows:
99-41-5. As used in this chapter, unless the context otherwise requires, the term:
(a) "Allowable expense" means reasonable charges incurred for reasonably needed:
(i) Products,
services and accommodations, including, but not limited to, medical care,
rehabilitation, rehabilitative occupational training and other remedial
treatment and care, but not to exceed * * * Twenty-two
Thousand Five Hundred Dollars ($22,500.00);
(ii) Mental health
counseling and care not to exceed * * * Five
Thousand Two Hundred Fifty Dollars ($5,250.00) for the victim and victim's
family member; provided, however, if there is more than one (1) family member,
the amount of compensation awarded shall be prorated and not to exceed * * *
Five Thousand Two Hundred Fifty Dollars ($5,250.00);
(iii) Expenses
related to funeral, cremation or burial, but not to exceed a total charge of * * *
Nine
Thousand Seven Hundred Fifty Dollars ($9,750.00) and transportation costs
to arrange or attend services, but not to exceed * * * One Thousand
Two Hundred Dollars ($1,200.00); and
(iv) Necessary expenses, including, but not limited to, temporary housing and relocation assistance for victims of domestic violence in imminent danger, crime scene cleanup, court-related travel, execution travel, property damage repair and replacement costs for windows, doors, locks or other security devices of a residential dwelling. The division shall establish, by administrative rule, guidelines and monetary limits for such expenses.
(b) "Claimant" means any of the following persons applying for compensation under this chapter:
(i) A victim;
(ii) A dependent of a victim who has died because of criminally injurious conduct;
(iii) The surviving parent, spouse, child or any person who is legally obligated to pay or has paid medical, funeral or other allowable expenses incurred as a result of the criminally injurious conduct which caused the victim's injuries and/or death;
(iv) Family members of the victim who incur mental health counseling expenses as a result of the criminally injurious conduct which caused the victim's injuries and/or death; or
(v) A person authorized to act on behalf of any of the persons enumerated in subparagraphs (i), (ii), (iii) and (iv) of this paragraph; however, "claimant" shall not include any of the following: provider or creditor of victim; assignee of provider or creditor, including a collection agency; or another person or entity other than those enumerated in this paragraph.
(c) "Collateral source" means a source of benefits or advantages for economic loss for which the claimant would otherwise be eligible to receive compensation under this chapter which the claimant has received, or which is readily available to the claimant, from any one (1) or more of the following:
(i) The offender;
(ii) The government of the United States or any agency thereof, a state or any of its political subdivisions or an instrumentality of two (2) or more states;
(iii) Social security, Medicare and Medicaid;
(iv) Workers' compensation;
(v) Wage continuation programs of any employer;
(vi) Proceeds of a contract of insurance payable to the claimant for loss which the victim sustained because of the criminally injurious conduct;
(vii) A contract providing prepaid hospital and other health care services or benefits for disability; or
(viii) Any temporary nonoccupational disability insurance.
(d) "Criminally injurious conduct" means an act occurring or attempted within the geographical boundaries of this state, or to a resident of Mississippi while that resident is within any other state of the United States or any foreign country, which state or foreign country does not provide compensation for those injuries caused by an act for which compensation would be available had the act occurred in Mississippi, and which act results in personal injury or death to a victim for which punishment by fine, imprisonment or death may be imposed. For purposes of this chapter, "criminally injurious conduct" shall also include federal offenses committed within the state that result in personal injury or death to a victim and which are punishable by fine, imprisonment or death, and delinquent acts as defined in Section 43-21-105 which result in personal injury or death to a victim and which, if committed by an adult, would be a crime punishable by fine, imprisonment or death.
(e) "Dependent" means a natural person wholly or partially dependent upon the victim for care or support, and includes a child of the victim born after the death of the victim where the death occurred as a result of criminally injurious conduct.
(f) "Economic loss of a dependent" means loss, after death of the victim, of contributions or things of economic value to the dependent, not including services which would have been received from the victim if he or she had not suffered the fatal injury, less expenses of the dependent avoided by reason of death of the victim.
(g) "Economic loss" means monetary detriment consisting only of allowable expense, work loss and, if injury causes death, economic loss of a dependent, but shall not include noneconomic loss or noneconomic detriment.
(h) "Family member" means the victim's spouse, parent, grandparent, stepparent, child, stepchild, grandchild, brother, sister, half brother, half sister or spouse's parent.
(i) "Hospital ancillary services" means those hospital support services other than room, board and medical and nursing services that are provided to hospital patients in the course of care including, but not limited to, laboratory, radiology, pharmacy and physical therapy services.
(j) "Noneconomic loss or detriment" means pain, suffering, inconvenience, physical impairment and nonpecuniary damage.
(k) "Work loss" means loss of income from work the victim or claimant would have performed if the victim had not been injured, but reduced by any income from substitute work actually performed by the victim or claimant or by income the victim or claimant would have earned in available appropriate substitute work that he or she was capable of performing, but unreasonably failed to undertake.
(l) "Victim" means a person who suffers personal injury or death as a result of criminally injurious conduct, regardless of whether that person was the intended victim of the criminally injurious conduct. This definition may include a person who suffers personal injury or death as a result of criminally injurious conduct while going to the aid of another person or a duly sworn law enforcement officer, or while attempting to prevent a crime from occurring.
SECTION 2. Section 99-41-23, Mississippi Code of 1972, is amended as follows:
99-41-23. (1) Compensation for work loss may not
exceed * * * Nine Hundred
Dollars ($900.00) per week, not to exceed fifty-two (52) weeks; the total
amount of the award may not exceed the aggregate limitation of this section.
(2) Compensation for
economic loss of a dependent may not exceed * * * Nine Hundred
Dollars ($900.00) per week not to exceed fifty-two (52) weeks; provided,
however, if there is more than one (1) dependent per victim the amount of
compensation awarded shall be prorated among the dependents and the total
amount of the award may not exceed the aggregate limitation of this section.
(3) In the event of the
victim's death, compensation for work loss of claimant may not exceed * * *
Nine
Hundred Dollars ($900.00) per week not to exceed one (1) week; provided,
however, if there is more than one (1) claimant per victim, the amount of
compensation awarded shall be prorated among the claimants and the total amount
of the award may not exceed * * * Nine Hundred
Dollars ($900.00).
(4) Compensation payable to
a victim and to all other claimants sustaining economic loss because of injury
to or death of that victim may not exceed * * * Thirty
Thousand Dollars ($30,000.00) in the aggregate.
(5) A determination that compensation shall be awarded may provide for payment to a claimant in a lump sum or in installments. All medical bills may be paid directly to affected health care providers. At the request of the claimant, the director may convert future economic loss, other than allowable expense, to a lump sum, but only upon a finding of either of the following:
(a) That the award in a lump sum will promote the interests of the claimant; or
(b) That the present
value of all future economic loss, other than allowable expense, does not
exceed * * * One Thousand Five Hundred Dollars ($1,500.00).
(6) An award payable in installments for future economic loss may be made only for a period as to which the future economic loss can reasonably be determined. An award payable in installments for future economic loss may be modified upon findings that a material and substantial change of circumstances has occurred.
(7) If a hospital or hospital ancillary service provider accepts payment from the division on behalf of the victim or claimant, the division may require that the provider shall not collect or attempt to collect further payment from the victim, the claimant, or the division, except that hospital and hospital ancillary service providers may collect or attempt to collect from collateral sources available to the victim or the claimant. The division may also make any such payment contingent upon the provider limiting its right to collect from the victim, the claimant, or the division; or contingent upon the provider entering into a covenant not to sue the victim, the claimant or the division.
(8) An award shall not be subject to execution, attachment, garnishment or other process, except that an award shall not be exempt from orders for the withholding of support for minor children in accordance with Section 93-11-71, and except that an award for allowable expense shall not be exempt from a claim of a creditor to the extent that such creditor has provided products, services or accommodations, the costs of which are included in the award.
(9) An assignment by the claimant to any future award under the provisions of this chapter is unenforceable, except:
(a) An assignment of any award for work loss to assure payment of court-ordered alimony, maintenance or child support; or
(b) An assignment for any award for allowable expense to the extent that the benefits are for the cost of products, services or accommodations necessitated by the injury or death on which the claim is based and which are provided or are to be provided by the assignee.
(10) Subsections (8) and (9) of this section prevail over Sections 75-9-406 and 75-9-408 of Article 9 of the Uniform Commercial Code to the extent, if any, that Sections 75-9-406 and 75-9-408 may otherwise be applicable.
SECTION 3. Section 99-41-25, Mississippi Code of 1972, is amended as follows:
99-41-25. If the director
determines that the claim is one with respect to which an award probably will
be made and the claimant will suffer financial hardship unless an advance award
is made, an amount may be paid to the claimant not to exceed * * *
Seven
Hundred Fifty Dollars ($750.00) and shall be deducted from the final award
or shall be repaid by and recoverable from the claimant to the extent that it
exceeds the final award.
SECTION 4. Section 47-7-49, Mississippi Code of 1972, is brought forward as follows:
47-7-49. (1) Any offender on probation, parole, earned-release supervision, post-release supervision, earned probation or any other offender under the field supervision of the Community Services Division of the department shall pay to the department the sum of Fifty-five Dollars ($55.00) per month by certified check or money order unless a hardship waiver is granted. An offender shall make the initial payment within thirty (30) days after being released from imprisonment unless a hardship waiver is granted. A hardship waiver may be granted by the sentencing court or the Department of Corrections. A hardship waiver may not be granted for a period of time exceeding ninety (90) days. The commissioner or his designee shall deposit Fifty Dollars ($50.00) of each payment received into a special fund in the State Treasury, which is hereby created, to be known as the Community Service Revolving Fund. Expenditures from this fund shall be made for: (a) the establishment of restitution and satellite centers; and (b) the establishment, administration and operation of the department's Drug Identification Program and the intensive and field supervision program. The Fifty Dollars ($50.00) may be used for salaries and to purchase equipment, supplies and vehicles to be used by the Community Services Division in the performance of its duties. Expenditures for the purposes established in this section may be made from the fund upon requisition by the commissioner, or his designee.
Of the remaining amount, Three Dollars ($3.00) of each payment shall be deposited into the Crime Victims' Compensation Fund created in Section 99-41-29, and Two Dollars ($2.00) shall be deposited into the Training Revolving Fund created pursuant to Section 47-7-51. When a person is convicted of a felony in this state, in addition to any other sentence it may impose, the court may, in its discretion, order the offender to pay a state assessment not to exceed the greater of One Thousand Dollars ($1,000.00) or the maximum fine that may be imposed for the offense, into the Crime Victims' Compensation Fund created pursuant to Section 99-41-29.
Any federal funds made available to the department for training or for training facilities, equipment or services shall be deposited into the Correctional Training Revolving Fund created in Section 47-7-51. The funds deposited in this account shall be used to support an expansion of the department's training program to include the renovation of facilities for training purposes, purchase of equipment and contracting of training services with community colleges in the state.
No offender shall be required to make this payment for a period of time longer than ten (10) years.
(2) The offender may be imprisoned until the payments are made if the offender is financially able to make the payments and the court in the county where the offender resides so finds, subject to the limitations hereinafter set out. The offender shall not be imprisoned if the offender is financially unable to make the payments and so states to the court in writing, under oath, and the court so finds.
(3) This section shall stand repealed from and after June 30, 2015.
SECTION 5. Section 99-19-73, Mississippi Code of 1972, is brought forward as follows:
99-19-73. (1) Traffic violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any violation in Title 63, Mississippi Code of 1972, except offenses relating to the Mississippi Implied Consent Law (Section 63-11-1 et seq.) and offenses relating to vehicular parking or registration:
FUND AMOUNT
State Court Education Fund.............................. $ .85
State Prosecutor Education Fund......................... 1.25
Vulnerable Persons Training,
Investigation and Prosecution Trust Fund................ 1.50
Child Support Prosecution Trust Fund.................... .30
Driver Training Penalty Assessment Fund................. 5.12
Law Enforcement Officers Training Fund.................. 5.00
Spinal Cord and Head Injury Trust Fund
(for all moving violations)........................ 5.45
Emergency Medical Services Operating Fund............... 20.00
Mississippi Leadership Council on Aging Fund............ 1.00
Law Enforcement Officers and Fire Fighters
Death Benefits Trust Fund.......................... .50
Law Enforcement Officers and Fire Fighters
Disability Benefits Trust Fund..................... .15
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for
district attorneys and their legal assistants...... 10.00
Crisis Intervention Mental Health Fund.................. 10.00
Drug Court Fund, through June 30, 2015.................. 10.53
Drug Court Fund, from and after July 1, 2015............ 10.00
Capital Defense Counsel Fund............................ 2.89
Indigent Appeals Fund................................... 2.29
Capital Post-Conviction Counsel Fund.................... 2.33
Victims of Domestic Violence Fund....................... .49
Public Defenders Education Fund......................... 1.00
Domestic Violence Training Fund......................... 1.00
Attorney General's Cyber-Crime Unit..................... 2.50
Children's Justice Center Fund.......................... 2.21
DuBard School for Language Disorders Fund............... .88
Children's Advocacy Centers Fund........................ 1.91
Judicial System Operation Fund,
through June 30, 2015.............................. 1.35
TOTAL STATE ASSESSMENT through June 30, 2015............ $ 90.50
TOTAL STATE ASSESSMENT
from and after July 1, 2015........................ $ 88.62
(2) Implied Consent Law violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or any other penalty for any violation of the Mississippi Implied Consent Law (Section 63-11-1 et seq.):
FUND AMOUNT
Crime Victims' Compensation Fund........................ $ 10.00
State Court Education Fund.............................. 1.50
State Prosecutor Education Fund......................... 2.00
Vulnerable Persons Training,
Investigation and Prosecution Trust Fund........... 1.50
Child Support Prosecution Trust Fund.................... .50
Driver Training Penalty Assessment Fund................. 22.00
Law Enforcement Officers Training Fund.................. 11.00
Emergency Medical Services Operating Fund............... 45.00
Mississippi Alcohol Safety Education Program Fund....... 5.00
Federal-State Alcohol Program Fund...................... 10.00
Mississippi Crime Laboratory
Implied Consent Law Fund........................... 25.00
Spinal Cord and Head Injury Trust Fund.................. 25.00
Capital Defense Counsel Fund............................ 2.89
Indigent Appeals Fund................................... 2.29
Capital Post-Conviction Counsel Fund.................... 2.33
Victims of Domestic Violence Fund....................... .49
State General Fund...................................... 35.00
Law Enforcement Officers and Fire Fighters
Death Benefits Trust Fund.......................... .50
Law Enforcement Officers and Fire Fighters
Disability Benefits Trust Fund..................... 1.00
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for
district attorneys and their legal assistants...... 10.00
Crisis Intervention Mental Health Fund.................. 10.00
Drug Court Fund......................................... 10.00
Statewide Victims' Information and
Notification System Fund........................... 6.00
Public Defenders Education Fund......................... 1.00
Domestic Violence Training Fund......................... 1.00
Attorney General's Cyber-Crime Unit..................... 2.50
TOTAL STATE ASSESSMENT.................................. $243.50
(3) Game and Fish Law violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any violation of the game and fish statutes or regulations of this state:
FUND AMOUNT
State Court Education Fund.............................. $ 1.50
State Prosecutor Education Fund......................... 2.00
Vulnerable Persons Training,
Investigation and Prosecution Trust Fund........... 1.50
Law Enforcement Officers Training Fund.................. 5.00
Hunter Education and Training Program Fund.............. 5.00
State General Fund...................................... 30.00
Law Enforcement Officers and Fire Fighters
Death Benefits Trust Fund.......................... .50
Law Enforcement Officers and Fire Fighters
Disability Benefits Trust Fund..................... 1.00
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for district
attorneys and their legal assistants............... 10.00
Crisis Intervention Mental Health Fund.................. 10.00
Drug Court Fund......................................... 10.00
Capital Defense Counsel Fund............................ 2.89
Indigent Appeals Fund................................... 2.29
Capital Post-Conviction Counsel Fund.................... 2.33
Victims of Domestic Violence Fund....................... .49
Public Defenders Education Fund......................... 1.00
Domestic Violence Training Fund......................... 1.00
Attorney General's Cyber-Crime Unit..................... 2.50
TOTAL STATE ASSESSMENT.................................. $ 89.00
(4) [Deleted]
(5) Speeding, reckless and careless driving violations. In addition to any assessment imposed under subsection (1) or (2) of this section, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for driving a vehicle on a road or highway:
(a) At a speed that exceeds the posted speed limit by
at least ten (10) miles per hour but not more than twenty (20) miles per hour.................................................... $ 10.00
(b) At a speed that exceeds the posted speed limit by at least twenty (20) miles per hour but not more than thirty (30) miles per hour $ 20.00
(c) At a speed that exceeds the posted speed limit by thirty (30) miles per hour or more............................. $ 30.00
(d) In violation of Section 63-3-1201, which is the offense of reckless driving........................................ $ 10.00
(e) In violation of Section 63-3-1213, which is the offense of careless driving........................................ $ 10.00
All assessments collected under this subsection shall be deposited into the Mississippi Trauma Care Systems Fund established under Section 41-59-75.
(6) Other misdemeanors. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any misdemeanor violation not specified in subsection (1), (2) or (3) of this section, except offenses relating to vehicular parking or registration:
FUND AMOUNT
Crime Victims' Compensation Fund........................ $ 6.92
State Court Education Fund.............................. 1.50
State Prosecutor Education Fund......................... 2.00
Vulnerable Persons Training, Investigation
and Prosecution Trust Fund......................... 1.50
Child Support Prosecution Trust Fund.................... .50
Law Enforcement Officers Training Fund.................. 5.00
Capital Defense Counsel Fund............................ 2.89
Indigent Appeals Fund................................... 2.29
Capital Post-Conviction Counsel Fund.................... 2.33
Victims of Domestic Violence Fund....................... .49
State General Fund...................................... 30.00
State Crime Stoppers Fund............................... 1.50
Law Enforcement Officers and Fire Fighters
Death Benefits Trust Fund.......................... .50
Law Enforcement Officers and Fire Fighters
Disability Benefits Trust Fund..................... 1.00
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for
district attorneys and their legal assistants...... 10.00
Crisis Intervention Mental Health Fund.................. 10.00
Drug Court Fund......................................... 8.00
Judicial Performance Fund............................... 2.00
Statewide Victims' Information and
Notification System Fund........................... 6.00
Public Defenders Education Fund......................... 1.00
Domestic Violence Training Fund......................... 1.00
Attorney General's Cyber-Crime Unit..................... 2.50
Information Exchange Network Fund....................... 4.00
Motorcycle Officer Training Fund........................ 1.06
Civil Legal Assistance Fund............................. 2.77
Justice Court Collections Fund.......................... 7.50
Municipal Court Collections Fund........................ 7.50
TOTAL STATE ASSESSMENT.................................. $121.75
(7) Other felonies. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any felony violation not specified in subsection (1), (2) or (3) of this section:
FUND AMOUNT
Crime Victims' Compensation Fund........................ $ 10.00
State Court Education Fund.............................. 1.50
State Prosecutor Education Fund......................... 2.00
Vulnerable Persons Training, Investigation
and Prosecution Trust Fund......................... 1.50
Child Support Prosecution Trust Fund.................... .50
Law Enforcement Officers Training Fund.................. 5.00
Capital Defense Counsel Fund............................ 2.89
Indigent Appeals Fund................................... 2.29
Capital Post-Conviction Counsel Fund.................... 2.33
Victims of Domestic Violence Fund....................... .49
State General Fund...................................... 60.00
Criminal Justice Fund................................... 50.00
Law Enforcement Officers and Fire Fighters
Death Benefits Trust Fund.......................... .50
Law Enforcement Officers and Fire Fighters
Disability Benefits Trust Fund..................... 1.00
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for
district attorneys and their legal assistants...... 10.00
Crisis Intervention Mental Health Fund.................. 10.00
Drug Court Fund......................................... 10.00
Statewide Victims' Information and
Notification System Fund........................... 6.00
Public Defenders Education Fund......................... 1.00
Domestic Violence Training Fund......................... 1.00
Attorney General's Cyber-Crime Unit..................... 2.50
Crime Laboratory DNA Identification System Fund......... 100.00
TOTAL STATE ASSESSMENT.................................. $280.50
(8) Additional assessments on certain violations:
(a) Railroad crossing violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment in addition to all other state assessments due under this section from each person upon whom a court imposes a fine or other penalty for any violation involving railroad crossings under Section 37-41-55, 63-3-1007, 63-3-1009, 63-3-1011, 63-3-1013 or 77-9-249:
Operation Lifesaver Fund............................ $25.00
(b) Drug violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment in addition to all other state assessments due under this section from each person upon whom a court imposes a fine or other penalty for any violation of Section 41-29-139:
Drug Evidence Disposition Fund...................... $25.00
(9) If a fine or other penalty imposed is suspended, in whole or in part, such suspension shall not affect the state assessment under this section. No state assessment imposed under the provisions of this section may be suspended or reduced by the court.
(10) After a determination by the court of the amount due, it shall be the duty of the clerk of the court to promptly collect all state assessments imposed under the provisions of this section. The state assessments imposed under the provisions of this section may not be paid by personal check. It shall be the duty of the chancery clerk of each county to deposit all such state assessments collected in the circuit, county and justice courts in such county on a monthly basis with the State Treasurer pursuant to appropriate procedures established by the State Auditor. The chancery clerk shall make a monthly lump-sum deposit of the total state assessments collected in the circuit, county and justice courts in such county under this section, and shall report to the Department of Finance and Administration the total number of violations under each subsection for which state assessments were collected in the circuit, county and justice courts in such county during such month. It shall be the duty of the municipal clerk of each municipality to deposit all such state assessments collected in the municipal court in such municipality on a monthly basis with the State Treasurer pursuant to appropriate procedures established by the State Auditor. The municipal clerk shall make a monthly lump-sum deposit of the total state assessments collected in the municipal court in such municipality under this section, and shall report to the Department of Finance and Administration the total number of violations under each subsection for which state assessments were collected in the municipal court in such municipality during such month.
(11) It shall be the duty of the Department of Finance and Administration to deposit on a monthly basis all such state assessments into the proper special fund in the State Treasury. The monthly deposit shall be based upon the number of violations reported under each subsection and the pro rata amount of such assessment due to the appropriate special fund. The Department of Finance and Administration shall issue regulations providing for the proper allocation of these special funds.
(12) The State Auditor shall establish by regulation procedures for refunds of state assessments, including refunds associated with assessments imposed before July 1, 1990, and refunds after appeals in which the defendant's conviction is reversed. The Auditor shall provide in such regulations for certification of eligibility for refunds and may require the defendant seeking a refund to submit a verified copy of a court order or abstract by which such defendant is entitled to a refund. All refunds of state assessments shall be made in accordance with the procedures established by the Auditor.
SECTION 6. Section 99-37-25, Mississippi Code of 1972, is brought forward as follows:
99-37-25. (1) (a) When a person is brought into a doctor's office, a hospital or a medical clinic by a law enforcement agency as the victim of an alleged rape or sexual assault having occurred in this state, or comes into a doctor's office, a hospital or a medical clinic alleging rape or sexual assault having occurred in this state, the bill for the medical forensic examination and the preparation of the sexual assault evidence collection kit will be sent to the Division of Victim Compensation, Office of the Attorney General. The Division of Victim Compensation shall pay for the medical examination conducted for the procurement of evidence to aid in the investigation and prosecution of the alleged offense. Such payment shall be limited to the customary and usual hospital and physician charges for such services in the area. Such payment shall be made by the Division of Victim Compensation directly to the health care provider. No bill for the examination will be submitted to the victim, nor shall the medical facility hold the victim responsible for payment. The victim may be billed for any further medical services not required for the investigation and prosecution of the alleged offense. In cases where the damage caused by the alleged sexual assault requires medical treatment or diagnosis in addition to the examination, the patient will be given information about the availability of victim compensation and the procedure for applying for such compensation.
(b) Upon application submitted by the district attorney, provided the proper warrant or court order has been issued, the county in which an offense of sexual assault or of felonious abuse or battery of a child as described in Section 97-5-39, touching or handling a child for lustful purposes as described in Section 97-5-23, exploitation of children as described in Section 97-5-33 or sexual battery as described in Section 97-3-95, or statutory rape as defined in Section 97-3-65, or an attempt to commit such offense has occurred shall pay for a medical forensic examination of the person arrested, charged or convicted of such offense to determine if the person so arrested, charged or convicted has any sexually transmitted disease and for the collection of evidence. Such payment shall be made by the county directly to the health care provider or other service performing the collection of evidence and tests. At the victim's request, a test for human immunodeficiency virus (HIV) shall be administered to the defendant/accused not later than forty-eight (48) hours after the date on which the information or indictment is presented, and the defendant/accused shall be subjected to follow-up testing for HIV upon a determination that such follow-up testing is medically necessary and reasonable. The results of any such test shall be confidential but shall be made available to the victim or, if the victim is a child, to the guardian of the victim. After an indictment, if the case is dismissed, the defendant is found not guilty or the case is not prosecuted within three (3) years of the indictment, all records of tests shall be returned to the accused or destroyed. Upon a showing of good cause, the court may retain such records and allow a case to remain open after the expiration of the three-year limitation provided herein.
(2) Any defendant who is convicted of, or pleads guilty or nolo contendere to, any offense or an attempt to commit any such offense specified in subsection (1)(b) shall be ordered by the court to make restitution to the Division of Victim Compensation in an amount equal to the compensation paid by the Division of Victim Compensation to the victim or medical provider for the medical forensic examination and to the county for tests for sexually transmitted diseases. Such restitution shall be in addition to any restitution which the court orders the defendant to pay the victim under the provisions of Chapter 37 of Title 99, (Sections 99-37-1 through 99-37-21), Mississippi Code of 1972.
(3) The Division of Victim Compensation is hereby authorized, in its discretion, to make application for and comply with such requirements as may be necessary to qualify for any federal funds as may be available as a result of services rendered to crime victims under the provisions of this section.
SECTION 7. Section 99-41-17, Mississippi Code of 1972, is brought forward as follows:
99-41-17. (1) Compensation shall not be awarded under this chapter:
(a) Unless the criminally injurious conduct occurred after July 1, 1991;
(b) Unless the claim has been filed with the director within thirty-six (36) months after the crime occurred, or in cases of child sexual abuse, within thirty-six (36) months after the crime was reported to law enforcement or the Department of Human Services, but in no event later than the victim's twenty-fifth birthday. For good cause, the director may extend the time period allowed for filing a claim for an additional period not to exceed twelve (12) months;
(c) To a claimant or victim who was the offender or an accomplice to the offender, or, except in cases of children under the age of consent as specified in Section 97-3-65, 97-3-97 or 97-5-23, Mississippi Code of 1972, who encouraged or in any way knowingly participated in criminally injurious conduct;
(d) To another person, if the award would unjustly benefit the offender or accomplice;
(e) Unless the criminally injurious conduct resulting in injury or death was reported to a law enforcement officer within seventy-two (72) hours after its occurrence or unless it is found that there was good cause for the failure to report within such time;
(f) To any claimant or victim when the injury or death occurred while the victim was confined in any federal, state, county or city jail or correctional facility;
(g) If the victim was injured as a result of the operation of a motor vehicle, boat or airplane, unless the vehicle was used by the offender (i) while under the influence of alcohol or drugs, (ii) as a weapon in the deliberate attempt to injure or cause the death of the victim, (iii) in a hit-and-run accident by leaving the scene of an accident as specified in Section 63-3-401, (iv) to flee apprehension by law enforcement as specified in Sections 97-9-72 and 97-9-73, or (v) causes any injury to a child who is in the process of boarding or exiting a school bus in the course of a violation of Section 63-3-615;
(h) If, following the filing of an application, the claimant failed to take further steps as required by the division to support the application within forty-five (45) days of such request made by the director or failed to otherwise cooperate with requests of the director to determine eligibility, unless failure to provide information was beyond the control of the claimant;
(i) To a claimant or victim who, subsequent to the injury for which application is made, is convicted of any felony, and the conviction becomes known to the director;
(j) To any claimant or victim who has been under the actual or constructive supervision of a department of corrections for a felony conviction within five (5) years prior to the injury or death for which application has been made;
(k) To any claimant or victim who, at the time of the criminally injurious conduct upon which the claim for compensation is based, engaged in conduct unrelated to the crime upon which the claim for compensation is based that either was (i) a felony, or (ii) a delinquent act which, if committed by an adult, would constitute a felony;
(l) To any claimant or victim who knowingly furnishes any false or misleading information or knowingly fails or omits to disclose a material fact or circumstance.
(2) Compensation otherwise payable to a claimant shall be diminished to the extent:
(a) That the economic loss is recouped from other sources, including collateral sources; and
(b) Of the degree of responsibility for the cause of injury or death attributable to the victim or claimant.
(3) Upon a finding that the claimant or victim has not fully cooperated with appropriate law enforcement agencies and prosecuting attorneys, an award of compensation may be denied, withdrawn or reduced.
(4) Compensation otherwise payable to a claimant or victim may be denied or reduced to a claimant or victim who, at the time of the crime upon which the claim for compensation is based, was engaging in or attempting to engage in other unlawful activity unrelated to the crime upon which the claim for compensation is based.
SECTION 8. Section 99-41-21, Mississippi Code of 1972, is brought forward as follows:
99-41-21. (1) If compensation is awarded the state shall be subrogated to all the rights of a claimant or victim to receive or recover from a collateral source to the extent that compensation was awarded.
(2) In the event that the claimant or victim recovers compensation, other than under the provisions of this chapter, for injuries or death resulting from criminally injurious conduct, the claimant or victim shall retain, as trustee, so much of the recovered funds as necessary to reimburse the Crime Victims' Compensation Fund, as created in Section 99-41-29, to the extent that compensation was awarded to the claimant or victim from such fund. Such funds as are retained in trust under the provisions of this section shall be promptly deposited in the Crime Victims' Compensation Fund created in Section 99-41-29.
(3) If a claimant or victim brings an action to recover damages related to the criminally injurious conduct upon which compensation is claimed or awarded, the claimant shall give the director written notice of the action. After receiving such notice the director may join in the action as a party plaintiff to recover any compensation awarded.
SECTION 9. Section 99-41-27, Mississippi Code of 1972, is brought forward as follows:
99-41-27. (1) Claims shall be made under oath. The filing of a false claim for compensation pursuant to this chapter shall constitute a misdemeanor and shall be punishable by a fine of not to exceed One Thousand Dollars ($1,000.00), or by imprisonment in the county jail for a term not to exceed one (1) year, or by both such fine and imprisonment, and the person convicted shall, as part of the sentence in either case, be required to repay to the Crime Victims' Compensation Fund the amount received pursuant to the false claim.
(2) Any person who shall knowingly furnish any false information or knowingly fails or omits to disclose a material fact or circumstance with the intent to defraud the division for compensation pursuant to this chapter shall be guilty of a misdemeanor and shall be punished by a fine not to exceed One Thousand Dollars ($1,000.00), or by imprisonment in the county jail for a term not to exceed one (1) year, or both, and the person convicted shall, as part of the sentence in either case, be required to repay to the Crime Victims' Compensation Fund the total amount received pursuant to the false claim.
(3) If a payment or overpayment of compensation is made because of clerical error, mistaken identity, innocent misrepresentation by or on behalf of the recipient of the compensation award or other circumstances of a similar nature not induced by fraud by or on behalf of the recipient, the recipient is liable for repayment of the compensation. The division may waive, decrease or adjust the amount of the repayment of the compensation.
SECTION 10. Section 99-41-29, Mississippi Code of 1972, is brought forward as follows:
99-41-29. (1) From and after July 1, 1990, there is hereby created in the State Treasury a special interest-bearing fund to be known as the Crime Victims' Compensation Fund. The monies contained in the fund shall be held in trust for the sole purpose of payment of awards of compensation to victims and claimants pursuant to this chapter, the payment of all necessary and proper expenses incurred by the division in the administration of this chapter, payment of sexual assault examinations pursuant to Section 99-37-25, payment of Address Confidentiality Program administrative expenses pursuant to Section 99-47-1(7) and payment of other expenses in furtherance of providing assistance to victims of crime through information referrals, advocacy outreach programs and victim-related services. Expenditures from the fund shall be paid by the State Treasurer upon warrants issued by the Department of Finance and Administration, and upon requisitions signed by the Attorney General or his duly designated representative in the manner provided by law. The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of: (a) monies appropriated by the Legislature for the purposes of compensating the victims of crime and other claimants under this chapter; (b) the interest accruing to the fund; (c) monies recovered by the director under the provisions of Section 99-41-21; (d) monies received from the federal government; and (e) monies received from such other sources as may be provided by law.
(2) No compensation payments shall be made which exceed the amount of money in the fund. The state shall not be liable for a written order to pay compensation, except to the extent that monies are available in the fund on the date the award is ordered. The Attorney General shall establish such rules and regulations as shall be necessary to adjust awards and payments so that the total amount awarded does not exceed the amount of money on deposit in the fund. Such rules and regulations may include, but shall not be limited to, the authority to provide for suspension of payments and proportioned reduction of benefits to all claimants; provided, however, no such reductions as provided for shall entitle claimants to future retroactive reimbursements in future years.
SECTION 11. This act shall take effect and be in force from and after July 1, 2015.
