1997 Regular Session
To: Judiciary A; Appropriations
By: Representative Green (72nd)
House Bill 316
(As Passed the House)
AN ACT TO AMEND SECTION 99-41-23, MISSISSIPPI CODE OF 1972, TO REVISE THE MAXIMUM AWARD UNDER THE MISSISSIPPI CRIME VICTIMS' COMPENSATION ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 99-41-23, Mississippi Code of 1972, is amended as follows:
99-41-23. (1) Compensation for work loss and dependent's economic loss may not exceed One Hundred Fifty Dollars ($150.00) per week, not to exceed fifty-two (52) weeks; provided, however, if there is more than one (1) dependent per victim, the amount of compensation awarded shall be prorated among the dependents.
(2) Compensation payable to a victim and to all other claimants sustaining economic loss because of injury to or death of that victim may not exceed Fifteen Thousand Dollars ($15,000.00) in the aggregate.
(3) A determination that compensation shall be awarded may provide for payment to a claimant in a lump sum or in installments. All medical bills may be paid directly to affected health care providers. At the request of the claimant, the director may convert future economic loss, other than allowable expense, to a lump sum, but only upon a finding of either of the following:
(a) That the award in a lump sum will promote the interests of the claimant; or
(b) That the present value of all future economic loss, other than allowable expense, does not exceed One Thousand Dollars ($1,000.00).
(4) An award payable in installments for future economic loss may be made only for a period as to which the future economic loss can reasonably be determined. An award payable in installments for future economic loss may be modified upon findings that a material and substantial change of circumstances has occurred.
(5) An award shall not be subject to execution, attachment, garnishment or other process, except that an award shall not be exempt from orders for the withholding of support for minor children, and except that an award for allowable expense shall not be exempt from a claim of a creditor to the extent that such creditor has provided products, services or accommodations, the costs of which are included in the award.
(6) An assignment by the claimant to any future award under the provisions of this chapter is unenforceable, except:
(a) An assignment of any award for work loss to assure payment of court-ordered alimony, maintenance or child support; or
(b) An assignment for any award for allowable expense to the extent that the benefits are for the cost of products, services or accommodations necessitated by the injury or death on which the claim is based and which are provided or are to be provided by the assignee.
SECTION 2. This act shall take effect and be in force from and after July 1, 1997.