Bill 3658

                    Current Status

Bill Number:               3658
Ratification Number:       275
Act Number                 181
Introducing Body:          House
Subject:                   Written decisions required

(A181, R275, H3658)

AN ACT TO AMEND SECTION 16-3-1130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VICTIM'S COMPENSATION FUND, SO AS TO REQUIRE THE DEPUTY DIRECTOR OF THE FUND TO ISSUE A WRITTEN DECISION REGARDING A CLAIM AND FURNISH THE CLAIMANT WITH A COPY; TO AMEND SECTION 16-3-1210, RELATING TO PERSONS ELIGIBLE FOR AWARDS FROM THE FUND, SO AS TO ALLOW RESIDENTS OF THIS STATE TO FILE FOR BENEFITS IF INJURED BY A CRIME COMMITTED OUT OF STATE AND TO REDUCE THE AWARD BY AMOUNTS PAID BY THE OTHER STATE; TO AMEND SECTION 16-3-1220, RELATING TO PERSONS INELIGIBLE FOR AWARDS, SO AS TO FURTHER PROVIDE FOR THOSE PERSONS; TO AMEND SECTION 16-3-1230, RELATING TO CLAIMS FILED ON BEHALF OF MINORS OR INCOMPETENTS AND THE TIME LIMITATIONS FOR FILING CLAIMS, SO AS TO REVISE AND FURTHER PROVIDE FOR THESE TIME LIMITATIONS; TO CHANGE THE NAME OF THE SOUTH CAROLINA VICTIM'S COMPENSATION FUND TO THE STATE OFFICE OF VICTIM ASSISTANCE; AND TO CHANGE THE NAME OF THE SOUTH CAROLINA CRIME VICTIM'S ADVISORY BOARD TO THE SOUTH CAROLINA ADVISORY BOARD FOR VICTIM ASSISTANCE, EFFECTIVE JULY 1, 1989.

Be it enacted by the General Assembly of the State of South Carolina:

Written decisions required

SECTION 1. Section 16-3-1130(3) of the 1976 Code is amended to read:

"(3) The field representative conducting the investigation shall file with the deputy director a written report setting forth a recommendation and his reason for the recommendation. The deputy director shall render a written decision and furnish the claimant with a copy of the decision."

Eligibility to file for out-of-state inquiries

SECTION 2. Section 16-3-1210(1) of the 1976 Code is amended to read:

"(1) Except as provided in Section 16-3-1220, a victim, surviving spouse, or a parent or legally dependent child of a victim is entitled to file for benefits under this article if either:

(a) the crime was committed in this State or

(b) the victim was a resident of this State when the crime was committed in another state. In either case the award payable under this article must be reduced by the amount paid or payable under the laws of another state as a result of the criminal act giving rise to the claim."

Ineligibility for awards

SECTION 3. Section 16-3-1220 of the 1976 Code is amended to read:

"Section 16-3-1220. A person listed in Section 16-3-1210(1) is not eligible to recover under this article if the person:

(1) committed or aided in the commission of the crime upon which the claim is based or engaged in other unlawful activity which contributed to or aggravated the resulting injury;

(2) is the surviving spouse or dependent of a deceased victim who would have been barred by subsection (1) had he survived;

(3) is a dependent of the offender who committed the crime upon which the claim is based, and the offender would be a principal beneficiary of the award."

Time limitations for filing claims revised

SECTION 4. Section 16-3-1230(2) of the 1976 Code is amended to read:

"(2) A claim must be filed by the claimant not later than one hundred eighty days after the latest of the following three events:

(a) the occurrence of the crime upon which the claim is based;

(b) the death of the victim; or

(c) the discovery by the law enforcement agency that the occurrence was the result of crime. Upon good cause shown, the time for filing may be extended for a period not to exceed four years after the occurrence or death. 'Good cause' for the above purposes includes reliance upon advice of an official victim assistance specialist who either misinformed or neglected to inform a victim of rights and benefits of the Victim's Compensation Fund but does not mean simply ignorance of the law."

Name changed

SECTION 5. Effective July 1, 1989, the name of the South Carolina Victim's Compensation Fund is changed to the State Office of Victim Assistance, and the name of the South Carolina Crime Victim's Advisory Board is changed to the South Carolina Advisory Board for Victim Assistance.

Time effective

SECTION 6. This act takes effect July 1, 1989.