Bill > S498

Introduced Session

This bill makes several revisions to the "Criminal Injuries Compensation Act of 1971," this State's law which governs compensation to crime victims for certain expenses they incur as a result of a crime. The bill expands the definition of a "victim" under the act to conform it to the definition of a victim under the Crime Victim's Bill of Rights. The definition also is expanded to include the parent of a child of the decedent so that the surviving parent of a child who is not married to the decedent may apply for compensation for the decedent's child. The bill also establishes that the principal office of the Victims of Crime Compensation Office (VCCO), the agency responsible for administering the provisions of the act, is to be located in Newark, rather than Trenton. The main office of the VCCO currently is located in Newark, with an ancillary office located in Trenton. Attorneys' fees that may be awarded by the VCCO also are increased under the bill. Currently, an attorney representing a victim before the VCCO may be paid up to 15 percent of the total amount of compensation paid to the victim, but not less than $300. This minimum amount is increased to $500 under the bill. Under current law, the VCCO also may allow a payment of up $3,000 at an hourly rate it sets (currently $125) to an attorney who provides legal assistance to a victim in any legal matter, including domestic violence, victims' rights assistance, family law issues, and landlord tenant matters. The bill would increase this payment to up to $6,000 at an hourly rate of at least $275. The $25,000 cap on the combined award and payment of attorneys' fees is removed, as is the five-year limit on payments. The bill further authorizes the VCCO to provide to a homicide victim's spouse, child, parent, or domestic partner a limited award for funeral benefits, mental health counseling, loss of support for dependent children, and attorneys' fees even if the victim's conduct was a contributing factor to his or her death. The bill also increases the maximum amount of an emergency award from $5,000 to $7,500 and increases the maximum award to compensate for funds stolen from a victim from $200 to $1,000. Under the bill, the list of crimes for which a victim is eligible for compensation is expanded to include simple assault, disorderly conduct, harassment, and leaving the scene of an accident. The bill also increases the time limit on filing a claim from three to five years after the injury or death; reduces the time frame within which the VCCO is to make a determination of eligibility for compensation from six months to 90 days; requires that payment be made to the victim and third-party vendors within 30 days of a determination of eligibility; removes the VCCO's option to deny an award based on the victim's failure to pay certain assessments to the VCCO; authorizes the VCCO to deduct from an award any amount due for these assessments or restitution; authorizes the VCCO to award compensation to an incarcerated victim; and removes the 10-year expiration date on claims. Finally, the bill makes technical changes to the act to conform with the provisions of Reorganization Plan No. 001-2008, pursuant to which the "Victims of Crime Compensation Agency" was renamed the "Victims of Crime Compensation Office."

AI Summary

Committee Categories

BettyLou DeCroce (R)*,  Serena DiMaso (R)*,  Gordon Johnson (D)*,  Steven Oroho (R)*,  Joe Vitale (D)*,  Christopher Bateman (R),  Chris Brown (R),  Linda Greenstein (D),  Declan O'Scanlon (R),  Eliana Pintor Marin (D),  Nellie Pou (D),  Teresa Ruiz (D),  Shanique Speight (D), 

Approved P.L.2019, c.380. (on 01/21/2020)