GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

H	1 

HOUSE BILL 2151

Short Title:  Victims Comp./Funds Protected.	(Public)
─────────────────────────────────────── 
Sponsors: Representative Stam.
─────────────────────────────────────── 
Referred to:  Judiciary.
─────────────────────────────────────── 

May 29, 1990

A BILL TO BE ENTITLED
AN ACT TO CLARIFY THAT VICTIMS ARE ELIGIBLE FOR COMPENSATION FROM THE VICTIMS COMPENSATION FUND AS REQUIRED TO RECEIVE FEDERAL FUNDS.
Whereas, on December 11, 1989, the Director of the United States Department of Justice's Office for Victims of Crime notified the Governor that North Carolina's statute on victims' compensation contained language that could be construed as biased against those victims of crimes of domestic violence; and
Whereas, the federal Victims of Crime Act prohibits this discrimination; and 
Whereas, unless North Carolina's statute on victims' compensation is amended to remove this apparent bias, federal funds due to be received by October 1, 1990, will not be received; and
Whereas, the loss of these federal funds would result in a cost to the State and its victims of crimes of four hundred thousand dollars ($400,000) for the 1990-91 fiscal year and of millions of dollars in years to come; Now, therefore,
The General Assembly of North Carolina enacts:
Section 1.  G.S. 15B-11(a) reads as rewritten:
	"(a)	An award of compensation will be denied if:
(1)	The claimant fails to file his application for an award within one year after the date of the criminally injurious conduct that caused the injury or death for which he seeks the award;
(2)	The economic loss is incurred after one year from the date of the criminally injurious conduct that caused the injury or death for which the victim seeks the award;
(3)	The criminally injurious conduct was not reported to a law enforcement officer or agency within 72 hours of its occurrence, and there was no good cause for the delay;
(4)	The award would benefit the offender or his accomplice, unless a determination is made that the interests of justice require that an award be approved in a particular case; or
(5)	The criminally injurious conduct occurred while the victim was confined in any State, county, or city prison, correctional, youth services, or juvenile facility, or local confinement facility, or half-way house, group home, or similar facility."
Sec. 2.  This act shall become effective October 1, 1990, and applies to criminally injurious conduct occurring on or after that date.