SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2019 SESSION
19102633DBe it enacted by the General Assembly of Virginia:
1. That § 19.2-368.11:1 of the Code of Virginia is amended and reenacted as follows:
§ 19.2-368.11:1. Amount of award.
A. Compensation for Total Loss of Earnings: An award made
pursuant to this chapter for total loss of earnings which that results directly from
incapacity incurred by a crime victim shall be payable during total incapacity
to the victim or to such other eligible person, at a weekly compensation rate
equal to 66 2/3 100
percent of the victim's average weekly wages. The
total amount of weekly compensation shall not exceed $600.
The victim's average weekly wages shall be determined as provided in §
65.2-101.
B. Compensation for Partial Loss of Earnings: An award made
pursuant to this chapter for partial loss of earnings which results directly from
incapacity incurred by a crime victim shall be payable during incapacity at a
weekly rate equal to 66 2/3 66-2/3 percent of the
difference between the victim's average weekly wages before the injury and the
weekly wages which the victim is able to earn thereafter. The combined total of
actual weekly earnings and compensation for partial loss of earnings shall not
exceed $600 per week.
C. Compensation for Loss of Earnings of Parent of Minor Victim: The parent or guardian of a minor crime victim may receive compensation for loss of earnings, calculated as specified in subsections A and B, for time spent obtaining medical treatment for the child and for accompanying the child to, attending or participating in investigative, prosecutorial, judicial, adjudicatory and post-conviction proceedings.
D. Compensation for Dependents of a Victim Who Is Killed: If death results to a victim of crime entitled to benefits, dependents of the victim shall be entitled to compensation in accordance with the provisions of §§ 65.2-512 and 65.2-515 in an amount not to exceed the maximum aggregate payment or the maximum weekly compensation which would have been payable to the deceased victim under this section.
E. Compensation for Unreimbursed Medical Costs, Funeral
Expenses, Services, etc.: Awards may also be made on claims or portions of
claims based upon the claimant's actual expenses incurred as are determined by
the Commission to be appropriate, for (i) unreimbursed medical expenses or
indebtedness reasonably incurred for medical expenses; (ii) expenses reasonably
incurred in obtaining ordinary and necessary services in lieu of those the
victim would have performed, for the benefit of himself and his family, if he
had not been a victim of crime; (iii) expenses directly related to funeral or
burial, not to exceed $5,000 $10,000; (iv) expenses
attributable to pregnancy resulting from forcible rape; (v) mental health
counseling for survivors as defined under subdivisions A 2 and A 4 of §
19.2-368.4, not to exceed $3,500 per claim; (vi) reasonable and necessary
moving expenses, not to exceed $2,000, incurred by a victim or survivors as
defined under subdivisions A 2 and A 4 of § 19.2-368.4; and (vii) any other
reasonable and necessary expenses and indebtedness incurred as a direct result
of the injury or death upon which such claim is based, not otherwise
specifically provided for. Notwithstanding any other provision of law, a person
who is not eligible for an award under subsection A of § 19.2-368.4 who pays
expenses directly related to funeral or burial is eligible for reimbursement
subject to the limitations of this section.
F. Notwithstanding the provisions of subdivision 3 of §
19.2-368.10, §§ 19.2-368.5, 19.2-368.5:1, 19.2-368.6, 19.2-368.7, and 19.2-368.8, subsection G
of this section, and § 19.2-368.16, the Criminal Injuries Compensation Fund
shall pay for physical evidence recovery kit examinations conducted on victims
of sexual assault. Any individual that submits to and completes a physical
evidence recovery kit examination shall be considered to have met the reporting
and cooperation requirements of this chapter. Funds paid for physical evidence
recovery kit collection shall not be offset against the Fund's maximum
allowable award as provided in subsection H. Payments may be subject to
negotiated agreements with the provider. Healthcare Health care providers that
complete physical evidence recovery kit examinations may bill the Fund directly
subject to the provisions of § 19.2-368.5:2. The Commission shall develop
policies for a distinct payment process for physical evidence recovery kit
examination expenses as required under subdivision 1 of § 19.2-368.3.
In order for the Fund to consider additional crime-related expenses, victims shall file with the Fund following the provisions of this chapter and Criminal Injuries Compensation Fund policy.
G. Any claim made pursuant to this chapter shall be reduced by the amount of any payments received or to be received as a result of the injury from or on behalf of the person who committed the crime or from any other public or private source, including an emergency award by the Commission pursuant to § 19.2-368.9.
H. To qualify for an award under this chapter, a claim must
have a minimum value of $100, and payments for injury or death to a victim of
crime, to the victim's dependents or to others entitled to payment for covered
expenses, after being reduced as provided in subsection G, shall not exceed $25,000
$35,000 in the aggregate.