An Act to revise eligibility requirements for the crime victims' compensation program.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That § 23A-28B-25 be AMENDED:
23A-28B-25. No claim for compensation may be awarded:
(1) Unless an application for
compensation is filed with the department within one year after the
date of the personal injury or death and the personal injury or death
was the result of a crime
which had been
that was
reported to a law enforcement officer or agency within five days of
its occurrence,
or, if the crime could not reasonably have been reported within that
period, within five days of the date when a report could reasonably
have been made. The department may waive the
one year
one-year
application requirement for good cause shown;
(2) If the victim:
(a) Engaged in conduct
which
that
substantially contributed to the infliction of the victim's injury or
death,
or engaged in conduct
which
that the
victim should reasonably have foreseen could lead to the injury or
death.
However, this
This
subsection does not apply to any victim defined in subsections
23A-28B-1(12)(b)
and
or (c);
to any victim who was a minor at the time the offense occurred;
or to any victim of:
a sex offense under chapter 22-22;
human trafficking under chapter 22-49;
abuse, neglect, or exploitation of an elder or an adult with a
disability under chapter 22-46;
domestic abuseunder
as defined by
§ 25-10-1;
or child
abuse, neglect, or exploitation under § 26-8A-2;
or abuse, neglect, or exploitation of an elder or an adult with a
disability under chapter 22-46;
(b) Committed or otherwise
participated in a crime
which
that
caused or contributed to the victim's injury or death;
or
(c) Fails or refuses to cooperate fully with any appropriate law enforcement officer or agency, or with the department in the administration of this chapter. If a claimant other than a victim fails or refuses to cooperate pursuant to this subsection, no compensation may be awarded to that claimant; or
(3) To any claimant, if the award would unjustly benefit an offender or an accomplice.
Underscores indicate new language.
Overstrikes
indicate deleted language.
