GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2011

S                                                                                                                                                    2

SENATE BILL 272

Judiciary I Committee Substitute Adopted 4/12/11

Short Title:        Victims' Compensation Law Changes.-AB	(Public)
Sponsors:
Referred to:

March 9, 2011

AN ACT to CLARIFY THE ROLE OF CHARITABLE DONATIONS AND WRITE-OFFS AS COLLATERAL SOURCES FOR CRIME VICTIMS COMPENSATION, TO Modify THE SCOPE OF DEPENDENT'S ECONOMIC LOSS FOR CRIME VICTIMS COMPENSATION, to clarify THE confidentiality of crime victims compensation commission records, AND to require suspension of CRIME VICTIMS COMPENSATION PROCEEDINGS upon request of the attorney general.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 15B-2 reads as rewritten:

"§ 15B-2.  Definitions.

As used in this Article, the following definitions apply, unless the context requires otherwise:

…

(3)        Collateral source. - A source of benefits or advantages for economic loss otherwise compensable that the victim or claimant has received or that is readily available to the victim or the claimant from any of the following sources:

a.         The offender.

b.         The government of the United States or any of its agencies, a state or any of its political subdivisions, or an instrumentality of two or more states.

c.         Social Security, Medicare, or Medicaid.

d.         State-required, temporary, nonoccupational disability insurance.

e.         Worker's compensation.

f.          Wage continuation programs of any employer.

g.         Proceeds of a contract of insurance payable to the victim for loss that the victim sustained because of the criminally injurious conduct.

h.         A contract providing prepaid hospital and other health care services, or benefits for disability.

i.          A contract of insurance that will pay for expenses directly related to a funeral, cremation, and burial, including transportation of a body.

j. A charitable gift or donation by a third party, including a charity care write-off of expenses by a medical provider, regardless of whether the gift or donation is subsequently rescinded.

…

(7)        Dependent's economic loss. - Loss after a victim's death of contributions of things of economic value to his dependents, not including services they would have received from the victim if he had not suffered the fatal injury, less expenses of the dependents avoided by reason of the victim's death. Dependent's economic loss will be limited to a 26-week period commencing from the date of the injury, and compensation shall not exceed three hundred dollars ($300.00) per week.

…."

SECTION 2.  G.S. 15B-8.1(b) reads as rewritten:

"(b)      All medical information relating to the mental, physical, or emotional condition of a victim or claimant and all law enforcement records and information and any juvenile records shall be held confidential by the Commission and Director. All personal information, as that term is defined in 18 U.S.C. § 2725(3), of victims and claimants and all information concerning the disposition of claims for compensation, except for the total amount awarded a victim or claimant, shall be held confidential by the Commission and Director. Except for information held confidential under this subsection, the records of the Division shall be open to public inspection."

SECTION 3.  G.S. 15B-11(f) is repealed.

SECTION 4.  G.S. 15B-14(b) reads as rewritten:

"(b)      Upon a request of the Attorney General, the proceedings in a claim for an award of compensation may shall be suspended pending disposition of a criminal prosecution that has been commenced or is imminent."

SECTION 5.  This act becomes effective July 1, 2011, and applies to claims submitted on or after that date.