HB1968: Victims of crime; compensation, extends time for filing a claim.

Legislative Summary

Compensating victims of crime. Extends, for the purpose of compensating victims of crime, the time for filing a claim by the claimant to not later than three years after the occurrence of the crime upon which such claim is based, or not later than three years after the death of the victim. Under current law, such time frame is not later than one year after either instance. The bill removes the prohibition on the Virginia Workers' Compensation Commission (the Commission) making an award where the police records show that a crime was reported more than 120 hours after the occurrence of the crime unless the Commission, for good cause shown, finds the delay to have been justified. Also, the bill requires the Commission, in determining if a report was promptly reported to the proper authorities, to consider (i) any police records; (ii) the victim's physical, emotional, mental, and family situation; and (iii) the existence of a permanent protective order, issued pursuant to relevant law, for the victim or other persons eligible for awards from the person responsible for the qualifying crime. The bill also removes the ability of the Commission to deny, reduce, or withdraw any award upon finding that any claimant or award recipient has not fully cooperated with all law-enforcement agencies, unless the law-enforcement agency certifies that the claimant or award recipient was willing but unable to cooperate due to a good faith belief that such cooperation would have endangered such claimant or award recipient and such claimant or award recipient was not provided with any victim or witness protection services when such protection services were requested by a law-enforcement agency. This bill is identical to SB 1200.