A1707

An Act concerning victim compensation and amending P.L.1971, c.317.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 10 of P.L.1971, c.317 (C.52:4B-10) is amended to read as follows:

10. In any case in which a person is injured or killed by any act or omission of any other person which is within the description of the offenses listed in section 11 of P.L.1971, c.317, the [agency] Victims of Crime Compensation Office may, upon application, order the payment of compensation in accordance with the provisions of P.L.1971, c.317:

a. to or on behalf of the victim,

b. in the case of the personal injury of the victim, where the compensation is for pecuniary loss suffered or expenses incurred by any person responsible for the maintenance of the victim, to that person, or

c. in the case of the death of the victim, to or for the benefit of the dependents of the deceased victim, or any one or more of [such] those dependents.

In determining whether to make an order under this section, the [agency] office may consider any circumstances it determines to be relevant, including provocation, consent, or the behavior of the victim which directly or indirectly contributed to [his] the victim’s injury or death, the prior case history, if any, of the victim , and any other relevant matters; provided, however, there shall be a presumption that the office will order the payment of compensation.

An order may be made under this section whether or not any person is prosecuted or convicted of any offense arising out of [such] an act or omission. Upon application made by an appropriate prosecuting authority, the [agency] office may suspend proceedings under P.L.1971, c.317 for [such] any period [as] it deems appropriate on the ground that a prosecution for an offense arising out of [such] an act or omission has been commenced or is imminent.

For the purposes of P.L.1971, c.317, a person shall be deemed to have intended an act or omission notwithstanding that by reason of age, insanity, or otherwise, [he] the person was legally incapable of forming a criminal intent.

(cf: P.L.2007, c.95, s.12)

2. Section 18 of P.L.1971, c.317 (C.52:4B-18) is amended to read as follows:

18. [No] An order for the payment of compensation shall not be made under section 10 of P.L.1971, c.317 (C.52:4B-10) unless the application has been made within [three] five years after the date of the personal injury or death or after that date upon determination by the office that good cause exists for the delayed filing, and the personal injury or death was the result of an offense listed in section 11 of P.L.1971, c.317 (C.52:4B-11) which had been reported to the police or other appropriate law enforcement agency within nine months after its occurrence or reasonable discovery. If the victim is under 18 years of age, the [three-year] five-year limit on filing shall commence on the day the victim turns 18 years old. For the purposes of this section, "good cause" shall include, but not be limited to, instances where the victim or the victim's dependents were not appropriately informed of the benefits offered by the office as required by law. The office will make its determination regarding the application within [six months] 90 days of acknowledgment by the office of receipt of the completed application and any and all necessary supplemental information.

In determining the amount of an award, the office shall determine whether, because of his conduct, the victim of such crime contributed to the infliction of his injury, and the office shall reduce the amount of the award or reject the application altogether, in accordance with such determination; provided, however, that the office shall not consider any conduct of the victim contributory toward his injury, if the record indicates such conduct occurred during efforts by the victim to prevent a crime or apprehend a person who had committed a crime in his presence or had in fact committed a crime.

The office may deny or reduce an award where the victim has not paid in full any payments owed on assessments imposed pursuant to section 2 of P.L.1979, c.396 (C.2C:43-3.1) or restitution ordered following conviction for a crime.

No compensation shall be awarded if:

a. Compensation to the victim proves to be substantial unjust enrichment to the offender or if the victim did not cooperate with the reasonable requests of law enforcement authorities unless the victim demonstrates a compelling health or safety reason for not cooperating; or

b. (Deleted by amendment, P.L.1990, c.64.)

c. The victim was guilty of a violation of subtitle 10 or 12 of Title 2A or subtitle 2 of Title 2C of the New Jersey Statutes, which caused or contributed to his injuries; or

d. The victim was injured as a result of the operation of a motor vehicle, except as provided in subsection c. or d. of section 11 of P.L.1971, c.317 (C.52:4B-11), boat or airplane unless the same was used as a weapon in a deliberate attempt to run the victim down; or

e. The victim suffered personal injury or death while an occupant of a motor vehicle or vessel where the victim knew or reasonably should have known that the driver was operating the vehicle or vessel in violation of R.S.39:4-50, section 5 of P.L.1990, c.103 (C.39:3-10.13), section 19 of P.L.1954, c.236 (C.12:7-34.19), section 3 of P.L.1952, c.157 (C.12:7-46), subparagraph (b) of paragraph (2) of subsection b. of N.J.S.2C:20-2, subsection b. of N.J.S.2C:29-2 or subsection b., c. or d. of N.J.S.2C:20-10; or

f. The victim has been convicted of a crime and is still incarcerated; or

g. The victim sustained the injury during the period of incarceration immediately following conviction for a crime.

Except as provided herein, no compensation shall be awarded under P.L.1971, c.317 in an amount in excess of $25,000, and all payments shall be made in a lump sum, except that in the case of death or protracted disability the award may provide for periodic payments to compensate for loss of earnings or support.

Ten years after the entry of an initial determination order, a claim for compensation expires and no further order is to be entered with regard to the claim except:

(1) for requests for payment of specific out-of-pocket expenses received by the Victims of Crime Compensation Office prior to the expiration of the ten-year period;

(2) in those cases determined by the office to be catastrophic in nature; and

(3) for requests for payment of expenses that were incurred only after the expiration of the ten-year period.

No award made pursuant to P.L.1971, c.317 shall be subject to execution or attachment other than for expenses resulting from the injury which is the basis of the claim.

Compensation may be awarded in an amount not exceeding the actual cost of a rehabilitative service of the type enumerated in section 2 of P.L.1999, c.166 (C.52:4B-18.2).

The award may provide for periodic payments in the case of protracted care or rehabilitative assistance.

(cf: P.L.2011, c.165, s.1)

3. This act shall take effect immediately.

STATEMENT

This bill amends the “Criminal Injuries Compensation Act of 1971,” P.L.1971, c.317 (C.52:4B-1 et seq.). The bill establishes a presumption that the Victims of Crime Compensation Office (VCCO) will order payment of compensation to an eligible victim of crime. Additionally, the bill provides that a person would have five years to file a claim and requires the VCCO to make a determination regarding the claim within 90 days.

Under current law, the VCCO may order that a payment of compensation be made:

1) to or on behalf of the victim of the crime;

2) to a person responsible for the victim of crime who has suffered pecuniary loss or incurred expenses in caring for the victim; and

3) in cases of the death of the victim, to the victim’s dependents.

In determining whether to order compensation, the VCCO is authorized to consider any relevant circumstances, including provocation, consent, or the behavior of the victim which directly or indirectly contributed to the victim’s injury or death; the victim’s prior case history; and other relevant matters. This bill establishes that in considering these circumstances, there is to be a presumption that the VCCO will order a payment of compensation.

Current law provides that a person has three years after the date of a personal injury or death to file a claim. Upon filing, the VCCO has six months to make a determination regarding the application. The bill amends current law to provide that a person would have five years to file a claim instead of three, and the VCCO would be required to make its determination within 90 days.