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Bill > SB1200


VA SB1200

VA SB1200
Victims of crime; compensation, extends time for filing a claim.


summary

Introduced
01/08/2025
In Committee
02/10/2025
Crossed Over
02/17/2025
Passed
02/19/2025
Dead
Signed/Enacted/Adopted
03/21/2025

Introduced Session

Potential new amendment
2025 Regular Session

Bill 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 HB 1968.

AI Summary

This bill modifies Virginia's Victims of Crime Compensation law to extend the time for filing a claim from one year to three years after the crime's occurrence or the victim's death. The bill removes the strict 120-hour reporting requirement to law enforcement, instead requiring the Virginia Workers' Compensation Commission to consider multiple factors when determining if a crime was promptly reported, including the victim's physical, emotional, and family situation, as well as the existence of protective orders. Additionally, the bill eliminates the Commission's previous ability to deny or reduce awards based on lack of law enforcement cooperation, unless the law enforcement agency specifically certifies that the victim was unable to cooperate in good faith and was not provided witness protection services when requested. The changes aim to provide more flexibility and support for crime victims in seeking compensation, recognizing that reporting crimes and cooperating with investigations can be challenging due to trauma, fear, or personal circumstances. The bill also maintains provisions for special considerations in cases involving minors, sexual abuse, and other specific scenarios, ensuring a more compassionate approach to victim compensation.

Committee Categories

Budget and Finance, Justice

Sponsors (1)

Last Action

Acts of Assembly Chapter text (CHAP0244) (on 03/21/2025)

bill text


bill summary

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bill summary

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bill summary

Document Type Source Location
State Bill Page https://lis.virginia.gov/bill-details/20251/SB1200
BillText https://lis.virginia.gov/bill-details/20251/SB1200/text/CHAP0244
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (SB1200) https://lis.blob.core.windows.net/files/1063536.PDF
BillText https://lis.virginia.gov/bill-details/20251/SB1200/text/SB1200ER
BillText https://lis.virginia.gov/bill-details/20251/SB1200/text/SB1200H1
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (SB1200) https://lis.blob.core.windows.net/files/1042552.PDF
BillText https://lis.virginia.gov/bill-details/20251/SB1200/text/SB1200ES1
Finance and Appropriations Amendment https://lis.virginia.gov/bill-details/20251/SB1200/text/SB1200AS1
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (SB1200) https://lis.blob.core.windows.net/files/1030841.PDF
BillText https://lis.virginia.gov/bill-details/20251/SB1200/text/SB1200S1
BillText https://lis.virginia.gov/bill-details/20251/SB1200/text/SB1200
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