MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Judiciary

By: Senator(s) Frazier

Senate Bill 2418

AN ACT TO AMEND SECTION 99-41-5, MISSISSIPPI CODE OF 1972, TO INCLUDE ACTS OF FOREIGN TERRORISM AS COMPENSABLE CRIMINALLY INJURIOUS CONDUCT 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 99-41-5, Mississippi Code of 1972, is amended as follows:

99-41-5. As used in this chapter, unless the context otherwise requires, the term:

(a) "Allowable expense" means reasonable charges incurred for reasonably needed:

(i) Products, services and accommodations, including, but not limited to, medical care, rehabilitation, rehabilitative occupational training and other remedial treatment and care;

(ii) Mental health counseling and care not to exceed Two Thousand Five Hundred Dollars ($2,500.00) for the victim and victim's family member; provided, however, if there is more than one family member, the amount of compensation awarded shall be prorated and not to exceed Two Thousand Five Hundred Dollars ($2,500.00); and

(iii) Expenses related to funeral, cremation or burial, but not to exceed a total charge of Three Thousand Five Hundred Dollars ($3,500.00);

(b) "Claimant" means any of the following persons applying for compensation under this chapter:

(i) A victim;

(ii) A dependent of a victim who has died because of criminally injurious conduct; or

(iii) A person authorized to act on behalf of any of the persons enumerated in subparagraphs (i) and (ii) of this paragraph;

(c) "Collateral source" means a source of benefits or advantages for economic loss for which the claimant would otherwise be eligible to receive compensation under this chapter which the claimant has received, or which is readily available to the claimant, from any one or more of the following:

(i) The offender;

(ii) The government of the United States or any agency thereof, a state or any of its political subdivisions or an instrumentality of two (2) or more states;

(iii) Social Security, Medicare and Medicaid;

(iv) Workers' compensation;

(v) Wage continuation programs of any employer;

(vi) Proceeds of a contract of insurance payable to the claimant for loss which the victim sustained because of the criminally injurious conduct;

(vii) A contract providing prepaid hospital and other health care services or benefits for disability; or

(viii) Any temporary nonoccupational disability insurance;

(d) "Criminally injurious conduct" means an act occurring or attempted within the geographical boundaries of this state, or to a resident of Mississippi while that resident is within any other state of the United States that does not provide compensation for those injuries caused by an act for which compensation would be available had the act occurred in Mississippi, which act results in personal injury or death to a victim for which punishment by fine, imprisonment or death may be imposed. The term shall also apply to federal offenses committed within the state, * * * delinquent acts as defined in Section 43-21-105 which meet this definition, and an act of terrorism, as defined in Section 2331 of Title 18, United States Code, committed outside of the United States against a resident of this state;

(e) "Department" means the Department of Finance and Administration;

(f) "Dependent" means a natural person wholly or partially dependent upon the victim for care or support, and includes a child of the victim born after the death of the victim where the death occurred as a result of criminally injurious conduct;

(g) "Economic loss of a dependent" means loss, after death of the victim, of contributions or things of economic value to the dependent, not including services which would have been received from the victim if he or she had not suffered the fatal injury, less expenses of the dependent avoided by reason of death of the victim;

(h) "Economic loss" means monetary detriment consisting only of allowable expense, work loss and, if injury causes death, economic loss of a dependent, but shall not include noneconomic loss or noneconomic detriment;

(i) "Family member" means the victim's spouse, parent, grandparent, stepparent, child, stepchild, grandchild, brother, sister, half brother, half sister or spouse's parent;

(j) "Noneconomic loss or detriment" means pain, suffering, inconvenience, physical impairment and nonpecuniary damage;

(k) "Work loss" means loss of income from work the victim or claimant would have performed if the victim had not been injured, but reduced by any income from substitute work actually performed by the victim or claimant or by income the victim or claimant would have earned in available appropriate substitute work that he or she was capable of performing, but unreasonably failed to undertake; and

(l) "Victim" means a person who suffers personal injury or death as a result of criminally injurious conduct.

SECTION 2. This act shall take effect and be in force from and after July 1, 1997.