Bill 3813

                    Current Status

Introducing Body:               House
Bill Number:                    3813
Ratification Number:            215
Act Number:                     144
Primary Sponsor:                Wilkins
Type of Legislation:            GB
Subject:                        Crime victims' compensation
                                awards
Companion Bill Number:          863
Date Bill Passed both Bodies:   Jun 05, 1991
Computer Document Number:       JIC/5486.HC
Governor's Action:              S
Date of Governor's Action:      Jun 12, 1991
Introduced Date:                Apr 10, 1991
Last History Body:              ------
Last History Date:              Jun 12, 1991
Last History Type:              Act No. 144
Scope of Legislation:           Statewide
All Sponsors:                   Wilkins
                                Hayes
                                Gentry
                                Clyborne
                                Baxley
Type of Legislation:            General Bill

 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 3813  ------  Jun 12, 1991  Act No. 144
 3813  ------  Jun 12, 1991  Signed by Governor
 3813  ------  Jun 06, 1991  Ratified R 215
 3813  Senate  Jun 05, 1991  Read third time, enrolled for
                             ratification
 3813  Senate  Jun 04, 1991  Read second time, ordered to
                             third reading with notice of
                             general amendments
 3813  Senate  May 30, 1991  Recalled from Committee         11
 3813  Senate  May 27, 1991  Introduced, read first time,    11
                             referred to Committee
 3813  House   May 23, 1991  Read third time, sent to
                             Senate
 3813  House   May 22, 1991  Read second time
 3813  House   May 09, 1991  Committee Report: Favorable     25
 3813  House   Apr 10, 1991  Introduced, read first time,    25
                             referred to Committee

(A144, R215, H3813)

AN ACT TO AMEND SECTION 16-3-1180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIME VICTIMS' COMPENSATION AWARDS, SO AS TO ALLOW A PREVIOUSLY DECIDED AWARD TO BE REOPENED FOR THE PURPOSE OF INCREASING THE COMPENSATION PREVIOUSLY AWARDED, TO PRESCRIBE THE PROCEDURE FOR REOPENING THE AWARD INCLUDING A TWELVE-MONTH LIMIT AFTER THE FINAL PAYMENT DURING WHICH THE REVIEW FOR REOPENING THE AWARD MUST BE MADE; AND TO AMEND SECTION 16-3-1220, AS AMENDED, RELATING TO PERSONS INELIGIBLE FOR CRIME VICTIM'S COMPENSATION, SO AS TO MAKE A PARENT OF A DECEASED VICTIM INELIGIBLE FOR AN AWARD IF THE DECEASED VICTIM COMMITTED OR AIDED IN THE COMMISSION OF THE CRIME UPON WHICH THE CLAIM IS BASED OR ENGAGED IN OTHER UNLAWFUL ACTIVITY WHICH CONTRIBUTED TO OR AGGRAVATED THE RESULTING INJURY.

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

Award reopened

SECTION 1. Section 16-3-1180 of the 1976 Code, as last amended by Act 480 of 1990, is further amended by adding:

"(E) A previously decided award may be reopened for the purpose of increasing the compensation previously awarded, subject to the maximum provided in this article. In this case the State Office of Victim Assistance shall send immediately to the claimant a copy of the notice changing the award. This review may not affect the award as regards any monies paid and the review may not be made after twelve months from the date of the last payment of compensation pursuant to an award under this article."

Eligibility

SECTION 2. Section 16-3-1220(2) of the 1976 Code, as amended by Act 181 of 1989, is further amended to read:

"(2) is the surviving parent, spouse, or dependent of a deceased victim who would have been barred by subsection (1) had he survived;".

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 12th day of June, 1991.