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Senate Bill 0300

Senate Bill 0300

ARCHIVE (2006)

Latest Information

DIGEST OF SB300 (Updated March 8, 2006 3:07 pm - DI 84)

Victim's compensation fund. Defines "bodily injury" and specifies that the term includes emotional trauma only if the trauma stems directly from the impairment of a physical condition, a visible injury, or physical pain. Provides that compensation to a victim of a violent crime may not be paid to a person who profited from the criminal act or who was intoxicated at the time of the crime and contributed to the commission of an unrelated felony, unless the person was the victim of a sex crime or a crime of domestic or family violence. Permits only one claimant per victim to receive benefits. Authorizes the division of victim services to award benefits for an injury resulting from criminal use of a motor vehicle only after an information or indictment is filed, and does not permit an award in any case until records are available and the criminal investigation is concluded. Provides that certain information relating to the victim of a crime is confidential. Makes the reimbursement rate for medical services provided as the result of bodily injury equal to the reimbursement rate for services under the Indiana comprehensive health insurance association (ICHIA), and clarifies that the ICHIA rate does not apply to the reimbursement of forensic and evidence gathering services provided to the victim of a sex crime. Defines "forensic medical exams" and "additional forensic services" and replaces references to "emergency services," "hospital emergency services," and "emergency hospital services" with "forensic medical exams" and "additional forensic services". Permits reimbursement for burial expenses up to $4,000 and for mental health care up to $2,000. Requires documentation of certain expenses before a benefit may be awarded. Prohibits an attorney who represents a crime victim at a hearing held by the division from charging a contingency fee of more than 10% or being paid directly by the division. Permits an attorney who obtains a civil judgment on which the state has a lien for the provision of victim services to receive attorney's fees of not more than 15% of the amount received by the state. Makes other changes and conforming amendments. Repeals an obsolete provision relating to attorney's fees.
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