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2019 SESSION
Be 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 66-2/3 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.