Bill 3729

                    Current Status

Bill Number:               3729
Ratification Number:       435
Act Number                 405
Introducing Body:          House
Subject:                   Compensation of victims of crime

(A405, R435, H3729)

AN ACT TO AMEND SECTION 16-3-1110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR THE PROVISIONS OF LAW DEALING WITH COMPENSATION OF VICTIMS OF CRIME, SO AS TO, AMONG OTHER THINGS, MAKE THESE DEFINITIONS APPLICABLE ALSO TO ARTICLES 14 AND 15 OF CHAPTER 3, TITLE 16 ("VICTIM/WITNESS ASSISTANCE PROGRAM" AND "VICTIM'S AND WITNESS'S BILL OF RIGHTS", RESPECTIVELY), PROVIDE A DEFINITION FOR RECKLESSLY OR INTENTIONALLY INFLICTED INJURY OR DEATH, AND CHANGE VARIOUS EXISTING DEFINITIONS; TO AMEND SECTION 16-3-1170, RELATING TO THE BASIS FOR AN AWARD UNDER THE PROVISIONS DEALING WITH COMPENSATION OF VICTIMS OF CRIME, SO AS TO DELETE CERTAIN PROVISIONS AND TO PROVIDE, AMONG OTHER THINGS, FOR AN AWARD FOR PSYCHIC TRAUMA; AND TO AMEND SECTIONS 16-3-1400, RELATING TO DEFINITION UNDER THE PROVISIONS DEALING WITH VICTIM/WITNESS ASSISTANCE PROGRAM, AND 16-3-1520, RELATING TO DEFINITIONS UNDER THE PROVISIONS DEALING WITH VICTIM'S AND WITNESS'S BILL OF RIGHTS, SO AS TO DELETE THE DEFINITION OF "VICTIM" IN BOTH CODE SECTIONS.

Be it enacted by the General Assembly of the State of South Carolina:

Definitions; changes; applicable to other articles; etc.

SECTION 1. Section 16-3-1110 of the 1976 Code is amended to read:

"Section 16-3-1110. For the purpose of this article and Articles 14 and 15 of this chapter:

(1) 'Board' means the South Carolina Crime Victim's Advisory Board.

(2) 'Claimant' means any person filing a claim pursuant to this article.

(3) 'Fund' means the South Carolina Victim's Compensation Fund.

(4) 'Director' means the Director of the State Workers' Compensation Fund.

(5) 'Field Representative' means a field representative of the State Workers' Compensation Fund.

(6) 'Crime' means an act which is defined as a crime by state, federal, or common law. Unless injury or death was recklessly or intentionally inflicted, 'crime' does not include an act involving the operation of a motor vehicle, boat, or aircraft.

(7) 'Recklessly or intentionally' inflicted injury or death includes, but is not limited to, injury or death resulting from an act which violates Section 56-5- 1210, 56-5-2910, 56-5-2920, or 56-5-2930 or from the use of a motor vehicle, boat, or aircraft to flee the scene of a crime in which the driver of the motor vehicle, boat, or aircraft knowingly participated.

(8) 'Victim' means a person who suffers direct or threatened physical, emotional, or financial harm as the result of an act by someone else, which is a crime. The term includes immediate family members of a homicide victim or of any other victim who is either incompetent or a minor and includes an intervenor.

(9) 'Intervenor' means a person other than a law enforcement officer performing normal duties, who goes to the aid of another, acting not recklessly, to prevent the commission of a crime or lawfully apprehend a person reasonably suspected of having committed a crime.

(10) 'Deputy Director' means the Deputy Director of the Victim's Compensation Fund.

(11) 'Panel' means a three-member panel of the Board designated by the board chairman to hear appeals."

Basis for award; deletions; psychic trauma

SECTION 2. Section 16-3-1170 of the 1976 Code is amended to read:

"Section 16-3-1170. (A) No award may be made unless:

(1) a crime was committed;

(2) the crime directly resulted in physical or psychic trauma to the victim;

(3) the crime was promptly reported to the proper authority and recorded in police records; and

(4) the claimant or other award recipient has fully cooperated with all law enforcement agencies and with the South Carolina Victim's Compensation Fund.

(B) For the purposes of item (3) of subsection (A), a crime reported more than forty-eight hours after its occurrence is not 'promptly reported', absent a showing of special circumstances or causes which justify the delay."

Definitions; deletion

SECTION 3. Section 16-3-1400 of the 1976 Code is amended to read:

"Section 16-3-1400. For the purpose of this article, 'witness' means any person who has been or is expected to be summoned to testify for either the prosecution or the defense or who by reason of having relevant information is subject to call or likely to be called as a witness for the prosecution or defense, whether or not any action or proceeding has yet been commenced."

Definitions; deletion

SECTION 4. Section 16-3-1520 of the 1976 Code is amended to read:

"Section 16-3-1520. For the purpose of this article, 'witness' means any person who has been or is expected to be summoned to testify for either the prosecution or the defense or who by reason of having relevant information is subject to call or likely to be called as a witness for the prosecution or defense, whether or not any action or proceeding has yet been commenced."

Time effective

SECTION 5. This act takes effect upon approval by the Governor.