AN ACT
ENTITLED, An Act to move the Crime Victims Compensation Program from the Department of Corrections to the Department of Social Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 23A-28B-1 be amended to read as follows:
23A-28B-1. Terms used in this chapter mean:
(1)
"Claimant," any person entitled to apply for compensation pursuant to this chapter;
(2)
"Commission," the South Dakota Crime Victims' Compensation Commission as
established by
§
23A-28B-3;
(3)
"Crime," conduct that occurs or is attempted in this state, including that arising from
domestic violence, which conduct results in personal injury or death and is
punishable as a felony or misdemeanor, or would be so punishable except that the
person engaging in the conduct lacked the capacity to commit the crime under the
laws of this state. However, the term does not include conduct arising out of the
ownership, maintenance or use of a motor vehicle, boat or aircraft unless the conduct
was intended to cause or did recklessly cause personal injury or death or unless the
conduct constitutes a violation of
§
32-23-1, 22-16-41, or 22-16-42;
(4)
"Department," Department of Social Services;
(5)
"Dependent," any spouse, parent, grandparent, stepparent, child, stepchild, adopted
child, grandchild, brother, sister, half brother, half sister, or parent of the spouse of
a deceased victim who was wholly or partially dependent upon the victim's income
at the time of the victim's death, including any child of the victim born after the
victim's death;
(6)
"Economic loss," medical and hospital expenses, loss of earnings, loss of future
earnings, funeral and burial expenses and loss of economic benefits or support to
dependents, including home maintenance and child care expenses;
(7)
"Fund," the Crime Victims' Compensation Fund established by
§
23A-28B-41;
(8)
"Law enforcement officer," any person as defined in
§
22-1-2;
(9)
"Medical expense," the cost of all medical and dental services, mental health
counseling, dental and prosthetic devices, eyeglasses or other corrective lenses,
including services rendered in accordance with any method of healing recognized by
the laws of this state or the United States;
(10) "Person," any natural person;
(11) "Personal injury," actual bodily harm or emotional distress;
(12) "Victim," any person who suffers personal injury or death as a direct result of:
(a)
A crime, including a federal crime occurring in this state;
(b)
A good faith effort by the person to prevent the commission of a crime; or
(c)
A good faith effort by the person to apprehend a person suspected of engaging
in a crime.
An Act to move the Crime Victims Compensation Program from the Department of Corrections to the Department of Social Services.
An Act to move the Crime Victims Compensation Program from the Department of Corrections to the Department of Social Services.
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I certify that the attached Act originated in the |
Received at this Executive Office this ____ day of _____________ , |
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| SENATE as Bill No. 68 | 19___ at _____ M. | |
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____________________________
Secretary of the Senate
Secretary of the Senate
By _________________________
for the Governor
for the Governor
____________________________
President of the Senate
President of the Senate
Attest:
____________________________
Secretary of the Senate
Secretary of the Senate
____________________________
Speaker of the House
Attest:
____________________________
Chief Clerk The attached Act is hereby approved this ________ day of ______________ , A.D., 19___
Chief Clerk The attached Act is hereby approved this ________ day of ______________ , A.D., 19___
____________________________
Governor
=========================
Governor
STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 19___
at _________ o'clock __ M.
Senate Bill No. 68
File No. ____
Chapter No. ______
____________________________
Secretary of State
Secretary of State
By _________________________
Asst. Secretary of State
