ENTITLED, An Act  to revise certain provisions relating to the crime victims' compensation program.
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 and acts of terrorism, as defined in 18 USC §  2331 as of January 1, 1997, 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," the Department of Corrections;

             (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, homicide scene cleanup expenses, limited personal property losses, 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;

             (13)    "Homicide scene cleanup expenses," the cost of cleaning the scene of a homicide, if the scene is a residence or an automobile, including removing, or attempting to remove, from the crime scene, blood, dirt, stains, or other debris caused by the crime or the processing of the crime scene. Compensation may be paid for services provided by persons who are not members of the immediate family of the victim, including the victim's spouse, parents, siblings and children, or persons who were not living with the victim at the time of the crime;

             (14)    "Personal Property losses," the replacement value of property, including clothing and

bedding, used for evidentiary purposes.
     Section  2.  That § 23A-28B-11 be amended to read as follows:
     23A-28B-11.   An application for compensation shall be on a form prescribed by the department which sets forth:

             (1)      The victim's name and address, the claimant's name and address and the relationship of the claimant to the victim;

             (2)      If the victim is deceased, the name and address of each dependent of the victim and the extent to which each is dependent;

             (3)      The date and the nature of the crime underlying the claim;

             (4)      The law enforcement agency or officer to whom the crime was reported and the date of the report;

             (5)      The nature and extent of the injuries sustained by the victim, the name and address of any person who gave medical treatment to the victim, and the name and address of any hospital where the victim received medical treatment;

             (6)      The total amount of economic loss that the victim, a dependent or the claimant sustained as a result of the crime;

             (7)      The amount of benefits or advantages that the victim, a dependent or other claimant has received or may be entitled to receive from any collateral source for economic loss resulting from the crime, including the name of each collateral source;

             (8)      Whether the claimant is a spouse, parent, child, brother or sister of the offender or an accomplice of the offender who committed the crime;

             (9)      A release authorizing the department to obtain any report, document or other information relating to the claim; and

             (10)    Any additional information which the department deems necessary.

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     The applicant shall verify, in the presence of a witness, the information contained in the application.
     Section  3.  That § 23A-28B-20 be amended to read as follows:
     23A-28B-20.   For the purpose of calculating compensation to be awarded pursuant to this chapter, the department shall establish uniform standards for compensation under this chapter, taking into consideration the rates and amounts of compensation payable for injuries and for death under the laws of this State and the United States and availability of funds under this chapter. Standards for compensation shall be established by rules promulgated by the department pursuant to chapter 1-26. Loss of earnings, loss of future earnings and loss of support shall be determined on the basis of the victim's average monthly earnings for the six months immediately preceding the date of injury, or the monthly minimum wage as of the date of the crime underlying the claim, whichever is less. The monthly minimum wage shall be based upon the federal hourly minimum wage in effect as of the date of the crime multiplied by 173.2 hours per month.

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An Act to revise certain provisions relating to the crime victims' compensation program.

========================= I certify that the attached Act originated in the HOUSE as Bill No. 1278

____________________________
Chief Clerk

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____________________________
Speaker of the House

Attest:

____________________________
Chief Clerk

____________________________
President of the Senate

Attest:

____________________________
Secretary of the Senate

House Bill No. 1278
File No. ____
Chapter No. ______     =========================
Received at this Executive Office this ____ day of _____________ ,

19___ at _____ M.

By _________________________
for the Governor

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The attached Act is hereby approved this ________ day of ______________ , A.D., 19___

____________________________
Governor

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STATE OF SOUTH DAKOTA,

ss.

Office of the Secretary of State

Filed ____________ , 19___
at _________ o'clock __ M.

____________________________
Secretary of State

By _________________________
Asst. Secretary of State