CJCC Summary of SB 187
Effective date July 1, 2014
SB 187 amends Title 17 of the O.C.G.A. by revising Title 15, relating to victim’s compensation.
Section 1
Code Section 17-5-1 is revised by changing the reference to victims of “crime” to victims of “crimes.”
Code Section 17-15-2 revises paragraph (A) to add an act “committed in this state; or in a state which has compensated the claimant in an amount less than the claimant would be entitled to pursuant to this chapter, if the claimant is a resident of this state.” The general reference in paragraph (A) to “violent crime as defined by state or federal law” is deleted and existing violations are placed into subparagraphs new (i) through (x). Subparagraphs (iv) through (x) add language that includes “Aggravated assault with the intent to rape in violation of Code Section 16-5-21,” “An offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another,” and “Any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.” The other changes simplify existing language. Paragraph (10) is deleted and that language is moved to Code Section 17-15-7.
Code Section 17-15-3 revises paragraph (a) by deleting reference to the abolition of the Compensation Board in existence on June 30, 1992.
Code Section 17-15-4 revises paragraph (3) adds the following language relating to the board’s authority to determine appeals, “including circumstances when it appears a claim may be time-barred.”
Code Section 17-15-5 revises paragraph (a) by adding the pronoun “her” and the words “In any case in which the person entitled to make a claim is deceased, the claim may be filed on his or her behalf by.” Paragraph (b)(1) is revised to replace references to “claimant” to “victim.” The time period within which a claim must be filed is changed from “one year” to “three years” after the occurrence or “three years” after the death of the victim. Language is added stating “if such victim was a minor at the time of the commission of the crime, he or she shall have until three years after his or her eighteenth birthday to file such claim.” Additionally, language is added allow the board to extend the time for filing a claim. In paragraph (c) the word “victim’ is replaced by “claimant.” In paragraph (c)(3) the word “any is replaced by “a victim’s.”
Code Section 17-15-6 revises paragraph (a) to add “shall” throughout and replace the word “criminal with “perpetrator.” The word “victim” is deleted from paragraph (c.)
Code Section 17-15-7 revises paragraph (a) related to persons eligible for award as someone who “Is injured physical, who dies, or who suffers financial hardship as a result of being injured physically as a direct result of a crime,” “Suffers a serious mental or emotional trauma as a result of being threatened with a crime which could result in physical injury or death,” “Suffers a serious mental or emotional trauma as a result of being present during this commission of a crime,” “Suffers a serious mental or emotional trauma as a result of being trafficked for labor servitude or sexual servitude,” or “Is a dependent of a child of a person who is inured physically, who dies, or who suffers financial hardship as a result of being injured physically as a direct result of a crime.” In paragraph (b)(1) the word “is” is replaced by “Shall be.” In paragraph (e) the word “victim” is replaced by “person.” In paragraph (f), the word “victim” is replaced by Claimant.” In paragraph (h) the words “an act” are replaced by “a crime.”
Code Section 17-15-8 revises paragraph (a)(3) by deleting “claimant is a victim as defined” with “person is eligible for award pursuant to this chapter corresponding to.” Also deletes the reference to Code Section 17-15-2 and replaces it with 17-15-7. Creates a paragraph (a)(4)(a.1). In paragraph (a)(4)(b) replaces “may” with “shall.” In paragraph (a)(4)(c)(1) “victim and to all other claimants” is replace by “claimant” throughout. In paragraph (a)(4)(D), “of such crime” is deleted. In paragraph (a)(4)(f)(2), the word “victim” is replaced by “claimant.” In paragraph (a)(4)(g), “is” is replaced by “shall be.” In paragraph (a)(4)(i), the words “to a claimant for a crime which occurred” are added.
Code Section 17-15-9 is revised by moving the original language contained therein to Code Section 17-9-10 and replacing it with the language originally in Code Section 17-15-10 which creates the Crime Victims Emergency Fund. The words “shall be” replace “is” in paragraph (a) related to the board’s authorization to contract with persons or organization. In paragraph (b)(1), the words “relating to driving under the influence of alcohol or drugs” are deleted. In paragraph (d) the word “is” is replaced by “shall be” with regard to the board’s ability to pay compensation. In both paragraphs (d) and (e), the reference to “Georgia Crime Victims Emergency Fund” is replaced with the word “fund.”
Code Section 17-15-10 is revised by inserting the language originally in Code Section 17-15-9 that relates to limitations on award payments. Additionally, references to “Georgia Crime Victims Emergency Fund” are replaced with the word “fund.”
Code Section 17-15-11 is revised by adding the words “or her.”
Code Section 17-15-12 is revised by deleting references to “victim,” “crime,” or “criminal act” throughout.
Code Section 17-15-13 is revised in paragraph (a)by deleting the words “to, or on behalf of, a victim or eligible family member” and “such criminal” with “an act resulting in compensation being paid pursuant to this chapter. In paragraph (b) “criminal act” is replaced by “crime.” In paragraphs (e) and (f), references to “Georgia Crime Victims Emergency Fund” are replaced by the word “fund.” Additionally, “victim” is deleted and a reference to the “Georgia Crime Victims Compensation Board” is replaced with “board.”
Code Section 17-15-14 is revised by changing the reference to Code Section 17-15-5 to “17-15-9.” The words “for victims of crime” are replaced by “program provided in this chapter,” and “victim” is deleted.
Code Section 17-15-15 is revised by inserting the words “forensic medical” before “examination.”
Code Section 17-15-16 is created. It allows the cost of forensic interviews (when funding is available) to be paid from the fund for persons who are either under 18 years of age or developmentally disabled. The board shall establish an annual limit of the amount that may be paid from the fund, the amount that may be reimbursed, and the limit of reimbursable interviews. Funding is limited to instances where:
- The results of the interview are used to identify an interviewee’s needs – “such as social services, personal advocacy, case management, substance abuse treatment, or mental health services;”
- The interview is “conducted in the context of a multidisciplinary investigation and diagnostic team, or in a specialized setting such as a child advocacy center;” and
- The “interviewer is trained to conduct forensic interviews appropriate to the developmental age and abilities of children, or the developmental, cognitive, and physical or communication disabilities presented by adults.”
Section 2
Repeals all conflicting laws.