HOUSE BILL NO. 4674
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 sections 1, 4, 9, 11, and 15 (MCL 18.351, 18.354, 18.359, 18.361, and 18.365), sections 1, 9, and 15 as amended by 1996 PA 519, section 4 as amended by 2008 PA 390, section 11 as amended by 2010 PA 282.
the people of the state of michigan enact:
(a) "Claimant" means a victim or intervenor who is injured, or any other person eligible for an award under section 4(1) or 5(1), who files a claim under this act.
(b) "Commission" means the crime victim services commission.
(c) "Crime" means an act that is 1 of the following:
(i) A crime under the laws of this state or the United States that causes an injury within this state.
(ii) An act committed in another state that if committed in this state would constitute a crime under the laws of this state or the United States, that causes an injury within this state or that causes an injury to a resident of this state within a state that does not have a victim compensation program eligible for funding from the victims of crime act of 1984, chapter XIV of title II of the comprehensive crime control act of 1984, Public Law 98-473. , 98 Stat. 2170.
(iii) An act of international terrorism as defined in section 2331 of title 18 of the United States code, 18 U.S.C. USC 2331, committed outside the territorial jurisdiction of the United States that causes an injury to a resident of this state.
(d) "Intervenor" means a person who goes to the aid of one who has become a victim of a crime and who suffers personal physical injury.
(e) "Out-of-pocket loss" means the unreimbursed and unreimbursable expenses or indebtedness reasonably incurred for medical care, psychological counseling, replacement services, any nonmedical remedial treatment rendered in accordance with a recognized religious method of healing, or other services necessary as a result of the injury upon which a claim is based.
(e) (f) "Personal physical injury" means actual bodily harm and includes pregnancy.
(g) "Replacement services" means homemaking tasks, child care, transportation, and other services previously performed by the victim that, because of the victim's injury, must temporarily or permanently be performed by a person other than the victim.
(f) (h) "Support" means actual monetary payments made by a victim or intervenor to or for a person principally dependent on the victim or intervenor.
(g) (i) "Victim" means a person who suffers, a personal physical injury as a direct result of a crime.
Sec. 4. (1) Except as provided in subsection (2), the following persons are eligible for awards:
(a) A victim or an intervenor of a crime.
(b) A surviving spouse, fiancé or fiancée, parent, stepparent, grandparent, child, stepchild, sibling, stepsibling, or grandchild of a victim of a crime; an individual with a child in common with a victim of a crime; or an individual for whom a victim of a crime stands or stood in loco parentis. who died as a direct result of the crime.
(c) A surviving person related to the victim by blood or affinity to a victim who died as a direct result of a crime, or a guardian , or personal representative of a victim of a crime. , or member of the same household as the victim.
(d) A health care provider seeking payment under section 5a.
(e) An individual who, at the time the crime occurred, was living in the same household as the victim or intervenor of the crime and for whom either of the following applies:
(i) The individual is related to the victim or intervenor by blood or affinity.
(ii) The individual has an established and emotionally significant relationship with the victim or intervenor.
(f) An individual who lived in the same household as the victim or intervenor of a crime for not less than 2 years and who is related to the victim or intervenor by blood or affinity.
(2) A person is not eligible to receive an award if the person is either of the following:
(a) Criminally responsible for the crime.
(b) An accomplice to the crime.
(3) An award shall must not be made on a claim unless the claimant has incurred a minimum an out-of-pocket loss of listed in section 11(2) of not less than $200.00, or has lost at least 2 continuous weeks' earnings or support, but the commission may waive the limitations of this subsection in the case of this limitation if a claimant is retired by reason of age or disability. If the claimant is a victim of criminal sexual conduct in the first, second, or third degree, the commission may waive the limitations of this subsection. The commission shall waive this limitation for health care providers seeking payment under section 5a.
Sec. 9. (1) If it appears that the claim is one with respect to which an award probably will be made and undue hardship will result to the claimant if immediate payment is not made, the commission may make an emergency award to the claimant pending a final decision in the case. The commission shall provide a procedure for a claimant to request an emergency award under this section.
(2) The amount of the an emergency award shall under this section must not exceed $500.00. The amount of the emergency award shall $5,000.00 and must be deducted from the final award made to the claimant. The excess of the amount of the emergency award over the amount of the final award, if any, shall must be repaid by the claimant to the commission.
(3) Not more than 2 business days after receiving an application or request for an emergency award under subsection (1), the commission shall determine whether to grant an emergency award under this section.
Sec. 11. (1) Except for a claim under section 5a and an award under subsection (4), an award made under this act shall must 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. crime. The aggregate award under this act shall must not exceed $25,000.00 $45,000.00 per claimant.
(2) Unless reduced under this act, an award made for an out-of-pocket loss must be in an amount equal to unreimbursed and unreimbursable expenses or indebtedness reasonably incurred for any of the following:
(a) Medical care for the victim or intervenor.
(b) Subject to subsection (5), psychological counseling for an individual listed in section 4(1)(a), (b), (e), or (f).
(c) Temporary or permanent relocation for an individual listed in section 4(1)(a), (b), (e), or (f), including, but not limited to, the first month of rent and a security deposit.
(d) Loss of tuition for the victim or intervenor.
(e) Replacement services for homemaking tasks, child care, and other services previously performed by an individual listed in section 4(1)(a), (b), (e), or (f), that, because of the victim's injury, or because of the victim's attendance at a court proceeding or victim service related to the crime, must temporarily or permanently be performed by a person other than an individual listed in section 4(1)(a), (b), (e), or (f).
(f) Job training and vocational rehabilitation for the victim or intervenor, made necessary as a result of the injury.
(g) Transportation expenses for the purpose of an individual listed in section 4(1)(a), (b), (e), or (f) to access victim services, medical care, or mental health care, including, but not limited to, psychological counseling, and to attend a court proceeding related to the crime.
(h) Reasonable costs of installing or increasing residential security at the residence of an individual listed in section 4(1)(a), (b), (e), or (f), including, but not limited to, installing a home security device or system, or replacing or increasing the number of locks on residential entryways.
(i) Accessibility or rehabilitative equipment or devices, including modifications necessary to make a residence or vehicle accessible for a victim or intervenor as a result of the injury.
(j) Nonmedical remedial treatment rendered to an individual listed in section 4(1)(a), (b), (e), or (f) in accordance with a recognized religious method of healing.
(k) Other services necessary as a result of the injury or crime upon which a claim is based.
(3) (2) Unless reduced under this act, an award made for loss of earnings or support shall must be in an amount equal to the actual loss sustained. An award shall must not exceed $350.00 $700.00 for each week of lost earnings or support. A claimant may be awarded for loss of earnings or support under this subsection for not attending work as a result of the crime, including, but not limited to, in the following circumstances:
(a) If a claimant listed in section 4(1)(a), (b), (e), or (f) cannot attend work due to any of the following:
(i) Seeking medical attention for or recovery from an injury caused by the crime, or providing care to a victim recovering from injury.
(ii) Obtaining services or assisting another individual listed in section 4(1)(a), (b), (e), or (f) in obtaining services from a victim services provider, agency, or organization.
(iii) Obtaining psychological counseling or mental health services directly related to the crime, or accompanying another individual listed in section 4(1)(a), (b), (e), or (f) in obtaining psychological counseling or mental health services directly related to the crime.
(iv) Participating in safety planning and taking other actions to increase safety of an individual listed in section 4(1)(a), (b), (e), or (f) following the crime, including temporary or permanent relocation.
(b) If a claimant is an intervenor or is listed in section 4(1)(b), (e), or (f) and cannot attend work due to any of the following:
(i) Attending the funeral or alternative to a funeral of a victim who died as a result of the crime.
(ii) Making arrangements necessitated by the death of a victim who died as a result of the crime.
(iii) For a period of not more than 12 weeks, grieving the death of a victim who died as a result of the crime.
(4) (3) An Unless reduced under this act, an award made for funeral expenses , including must be in an amount equal to unreimbursed and unreimbursable expenses or indebtedness incurred for burial expenses, shall flowers, a gravestone, transporting the victim's body, travel costs for family members, and other costs for the funeral service or alternative to funeral service, and must not exceed $5,000.00 $10,000.00 for each victim. An award under this subsection shall not exceed an additional $500.00 for each of the following services:
(a) Grief counseling for the victim's spouse, children, parents, siblings, grandparents, and grandchildren.
(b) Crime must not exceed an additional $500.00 for 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 an individual eligible for an award under section 4(1)(b).
(5) (4) An award for psychological counseling shall must not exceed 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. individual listed in section 4(1)(a), (b), (e), and (f). The maximum hourly reimbursement rate shall must 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 must not exceed $125.00 per hourly session for a psychologist or physician licensed to practice in this state.
(6) (5) An award shall must 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.
(7) (6) In making a determination on a claim filed by a person an individual listed in section 4(1)(a), (b), or (c), (e), or (f), 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.
Sec. 15. For purposes of this act, information relating to the filing of a claim by a claimant before the commission or proceedings before the commission, an emergency award made by the commission pursuant to section 9, or final awards made by the commission pursuant to section 11(2) 11 are inadmissible in a criminal proceeding.