HB616 (2015) Detail

(New Title) relative to compensation to claimants under the victims' assistance fund.


CHAPTER 201

HB 616-FN – FINAL VERSION

18Feb2015… 0221h

05/07/2015 1490s

2015 SESSION

15-0003

04/01

HOUSE BILL 616-FN

AN ACT relative to compensation to claimants under the victims’ assistance fund.

SPONSORS: Rep. Cushing, Rock 21; Rep. Fields, Belk 4; Rep. Hirsch, Merr 6; Rep. Gagne, Hills?13; Rep. Pantelakos, Rock 25; Rep. Lachance, Hills 8; Rep. McLean, Hills 15; Sen. Soucy, Dist 18; Sen. Lasky, Dist 13

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill:

I. Increases maximum eligibility for compensation from the victims’ assistance fund.

II. Prohibits any person from collecting or attempting to collect a debt from a claimant resulting from a crime-related expense during the pendency of the claim.

III. Authorizes the attorney general to request additional funds as necessary to pay victims' compensation claims.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18Feb2015… 0221h

05/07/2015 1490s

15-0003

04/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Fifteen

AN ACT relative to compensation to claimants under the victims’ assistance fund.

Be it Enacted by the Senate and House of Representatives in General Court convened:

201:1 Claimant Eligibility; Compensation. Amend RSA 21-M:8-h, V to read as follows:

V. The claimant may be reimbursed for reasonable out-of-pocket expenses, medical expenses, funeral expenses, counseling expenses, rehabilitative expenses, expenses associated with the victim’s participation in post-conviction proceedings and victim-offender dialogue programs or other restorative justice programs, and lost wages directly resulting from the crime. Claimants eligible under subparagraph I(a)(4) may be reimbursed for the costs of removing the tattoo with an identifying mark. No reimbursement shall be paid unless the claimant has incurred reimbursable expenses of at least $100. There shall be a [$25,000] $30,000 maximum recovery per claimant per incident. If expenses paid through the victims’ assistance program fund are later covered by insurance settlements, civil suit settlements, or restitution, or through any other source, the claimant shall reimburse the fund for the amount of expenses recovered.

201:2 New Paragraphs; Claimant Eligibility; Compensation. Amend RSA 21-M:8-h by inserting after paragraph IX the following new paragraphs:

X.(a) No person that has received notice of a claim filed pursuant to this section shall collect a debt or attempt to collect a debt resulting from a crime-related expense against a claimant under this section until an award is made to the claimant or the claim is determined to be noncompensable. The statute of limitations for the collection of such debts shall be tolled during the period of this prohibition.

(b) Any person who violates the provisions of this paragraph shall be liable to the claimant pursuant to the provisions of RSA 358-C:4.

(c) In this paragraph, “person” shall have the same meaning as in RSA 358-C:1, X.

XI. With the approval of the fiscal committee of the general court and the governor and council, the attorney general may request additional funds to pay claims for compensation to victims pursuant to RSA 21-M:8-h, on the warrant of the governor, out of any money in the treasury not otherwise appropriated.

201:3 Effective Date. This act shall take effect 60 days after its passage.

Approved: July 6, 2015 Effective Date: September 4, 2015