Click here for Fiscal Note
This information is prepared as an informational service only and should not be relied upon as an official record of action taken by the Colorado General Assembly.
Second Regular Session
Sixty-first General Assembly
LLS NO. 980203.01 JAP
HOUSE BILL 981130
STATE OF COLORADO
BY REPRESENTATIVE Faatz;
also SENATOR Hopper. REREVISED
A BILL FOR AN ACT
CONCERNING CRIME VICTIM COMPENSATION.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
Section 1: Allows a resident of this state who is a victim of an act of international terrorism committed outside the United States to receive compensation regardless of whether the country in which the act is committed has a crime victim compensation program.
Section 2: Broadens the compensable losses resulting from property damage to include modification to the victim's residence to ensure the victim's safety. Deletes the limits applicable solely to property damage. Increases the limit on all compensable losses from $10,000 to $20,000 in both normal and catastrophic circumstances.
Section 3: Specifies that awards under the emergency compensation section are intended to assist crime victims in meeting their immediate shortterm needs. Increases the limit on emergency compensation from $500 to $1,000.
Section 4: Increases the percentage of the crime victim compensation fund that district attorneys may receive for administrative costs.
Section 5: Provides that
funds in the crime victim compensation fund for each judicial
district that are not distributed during the fiscal year will
be redistributed on a proportional basis.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 244.1102 (10) (d), Colorado Revised Statutes, is amended to read:
244.1102. Definitions. As used in this part 1, unless the context otherwise requires:
(10) (d) "Victim" also
means a person who is a resident of this state who is injured
or killed by an act of international terrorism, as defined in
18 U.S.C. sec. 2671, committed outside of the United States.
where the country does not have a crime victim compensation program
for which the person would be eligible.
SECTION 2. 244.1109 (1.5) and (2) (b), Colorado Revised Statutes, are amended to read:
244.1109. Losses compensable. (1.5) (a) Losses compensable under this part 1 resulting from property damage include:
(I) (A) Repair or replacement of property damaged as a result of a compensable crime; or
(B) Payment of the deductible amount on a residential insurance policy; AND
(II) ANY MODIFICATION TO THE VICTIM'S RESIDENCE THAT IS NECESSARY TO ENSURE VICTIM SAFETY.
recovery under this part 1 due to property damage shall not exceed
two hundred fifty dollars for each compensable crime; but in no
case shall a loss be compensable if the aggregate property damages
are less than twentyfive dollars.
(2) Compensable losses do not include:
(b) Aggregate damages to the victim or
to the dependents of a victim exceeding
TWENTY thousand dollars; unless otherwise
determined by the unanimous decision of the board to address situations
catastrophic to the victim, but in no case may the board exceed
an aggregate limit for damages to the victim or to dependents
of the victim of fifteen thousand dollars;
SECTION 3. 244.1112 (1), Colorado Revised Statutes, is amended to read:
244.1112. Emergency awards.
(1) The board may order an emergency award to the applicant
pending a final decision in the claim if it appears to the board,
prior to taking action upon the claim, that undue hardship will
result to the applicant if immediate payment is not made. AWARDS
PURSUANT TO THIS SECTION ARE INTENDED TO COVER EXPENSES INCURRED
BY CRIME VICTIMS IN MEETING THEIR IMMEDIATE SHORTTERM NEEDS.
The amount of such award shall not exceed
hundred ONE THOUSAND dollars and
shall be deducted from any final award made as a result of the
SECTION 4. 244.1117 (5), Colorado Revised Statutes, is amended to read:
244.1117. Fund created control
of fund. (5) All moneys deposited
in the fund shall be used solely for the compensation of victims
pursuant to this part 1; except that the district attorney and
the court administrator may use an aggregate of no more than
TWELVE and onehalf percent of the total amount of moneys
in the crime victim compensation fund for administrative costs
incurred pursuant to this part 1. The district attorney shall
be permitted to use no more than six
TEN percent of the total amount of moneys in the fund for administrative
costs. The court administrator shall be permitted to use no more
than two and onehalf percent of the total amount of moneys
in the fund for administrative costs.
SECTION 5. 244.1124 (2), Colorado Revised Statutes, is amended to read:
244.1124. State crime victim compensation
fund creation allocation of moneys.
(2) On January 1, 1986, and on every January 1 thereafter,
the state court administrator shall allocate the moneys in the
among the judicial districts which
THAT have distributed seventyfive percent or more of the
total moneys collected in the previous fiscal year to crime victims
PROPORTION TO THE AMOUNT PAID OUT BY EACH SUCH JUDICIAL DISTRICT
DURING THE FISCAL YEAR. THE STATE COURT ADMINISTRATOR shall notify
in writing the state treasurer to transmit those allocated amounts
out of the state crime victim compensation fund to the funds of
those specified judicial districts. Upon such written authorization,
the state treasurer shall transmit the amount of each allocation
to the court administrator of the judicial district for credit
to the fund of that district.
SECTION 6. 1611102 (4), Colorado Revised Statutes, is amended to read:
or probation investigation. (4) The
court, with the concurrence of the defendant and the prosecuting
attorney, may dispense with the presentence examination and report;
except that a report containing the information required by the
court pursuant to section 1611204.5 and a victim impact
statement shall be made in every case. The amount of restitution
equal to the full pecuniary loss caused by the defendant
MAY be imposed by the court at the time of sentencing and shall
be endorsed upon the mittimus.
Safety clause. The general assembly hereby finds, determines,
and declares that this act is necessary for the immediate preservation
of the public peace, health, and safety.