A bill to provide for the compensation of persons injured by certain criminal acts.
Criminal Injuries Compensation Act - Title I: Short Title and Definitions - Defines for the purposes of this Act, "child", "Commission", "dependents", "personal injury", "relative", and "victim".
Title II: Establishment of Violent Crimes Compensation Commission - Establishes a three member Violent Crimes Compensation Commission. Sets forth the terms and provisions for compensation of its members. Directs the Commission to maintain an office for service of process within the District of Columbia.
Enumerates the powers and procedures of the Commission with respect to, inter alia, hearings, subpenas, applications by those seeking relief, and the production and introduction of evidence. Provides that rules of admissability of evidence shall not apply. Makes a final judgment of a court of law conclusive evidence as to the Commission's proceedings.
Limits any attorney's fee to 15 percent of the amount awarded the claimant, provided such award exceeds $1,000.
Prescribes a penalty not to exceed $2,000 or one year's imprisonment, or both, for any attorney demanding or receiving a fee larger than allowed by this Act.
Makes orders and decisions of the Commission final.
Title III: Award and Payment of Compensation - Provides that the Commission may award compensation to or on behalf of the victim for injuries, care and pecuniary loss, or to the dependents of a deceased victim.
Eliminates the requirement for criminal intent on the part of the person whose act or omission caused injury to the claimant. Allows consideration of the victims's conduct and other mitigating circumstances in determining the payment of compensation under this Act. Asserts that no prosecution or conviction shall be a necessary condition precedent to the making of an order compensating the victim.
Applies this Act to injuries resulting from criminal offenses which are felonies under State or Federal law.
Prescribes limitations on the time for applying for, and notifying the Commission that application shall be made for, compensation under this Act.
Bars relief when: (1) the amount sought is less than $300; (2) the victim is related to the offender; and (3) the victim and offender lived as members of the same household. Limits recovery to $25,000.
Reduces any award under this Act by the amount the victim or his dependents may receive from Federal, State, and local political divisions (except by the operation of this Act), or from the offender or one acting on his behalf.
Title IV: Miscellaneous - Provides for an annual report by the Commission to the President and Congress. Prescribes penalties for willful falsification of any application, statement, document or information presented to the Commission under this Act not to exceed $10,000, or five years' imprisonment, or both.
Introduced in House
Introduced in House
Referred to House Committee on the Judiciary.
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