GENERAL ASSEMBLY OF NORTH CAROLINA
1989 SESSION

CHAPTER 679
SENATE BILL 147

AN ACT TO LIMIT CLAIMS TO VICTIM AND PERSONS WHO HELPED HIM, TO ALLOW THE NORTH CAROLINA CRIME VICTIM'S COMPENSATION COMMISSION AND ITS DIRECTOR AUTHORITY TO ADEQUATELY INVESTIGATE A CLAIM FOR COMPENSATION BY REQUIRING A VICTIM OR CLAIMANT TO PROVIDE NECESSARY MEDICAL AND PSYCHOLOGICAL INFORMATION, TO REQUIRE LAW ENFORCEMENT TO COOPERATE WITH THE COMMISSION, TO ALLOW THE COMMISSION TO KEEP MEDICAL, LAW ENFORCEMENT, AND JUVENILE RECORDS CONFIDENTIAL, TO MAKE A TECHNICAL CORRECTION TO THE RULES OF EVIDENCE IN A CONTESTED CASE HEARING, TO ALLOW THE DIRECTOR TO NEGOTIATE WITH SERVICE PROVIDERS FOR A REDUCED RATE, AND TO PROVIDE FOR THE DIRECTOR TO PURSUE RESTITUTION FROM CONVICTED CRIMINALS.

The General Assembly of North Carolina enacts:

Section 1.  G.S. 15B-2(2) reads as rewritten:
"(2)	'Claimant' means any of the following persons who claims an award of compensation under this Chapter:
a.	A victim;
b.	A dependent of a deceased victim;
c.	A third person who is not a collateral source and who provided benefit to the victim or his family other than in the course or scope of his employment, business, or profession;
d.	A person who is authorized to act on behalf of a victim, a dependent, or a third person described in subdivision c.
The claimant, however, may not be the offender or an accomplice of the offender who committed the criminally injurious conduct."
Sec. 2.  G.S. 15B-6 reads as rewritten:
"§ 15B-6. Powers of the Commission and Director.
(a)	In addition to powers authorized by this Chapter and Chapter 150B, the Commission may:
(1)	Adopt rules in accordance with Part 3, Article 1 of Chapter 143B and Article 2 of Chapter 150B of the General Statutes necessary to carry out the purposes of this Chapter;
(2)	Establish general policies and guidelines for awarding compensation and provide guidance to the staff assigned by the Secretary of the Department of Crime Control and Public Safety to administer the program;
(3)	Accept for any lawful purpose and functions under this Chapter any and all donations, both real and personal, and grants of money from any governmental unit or public agency, or from any institution, person, firm, or corporation, and may deposit the same to the Crime Victims Compensation Fund.
(b)	The Director shall have the following authority:
(1)	With the consent of the district attorney, to request that law enforcement officers employed by the State or any political subdivision provide copies of any information or data gathered in the investigation of criminally injurious conduct that is the basis of any claim to enable the Director or Commission to determine whether, and the extent to which, a claimant qualifies for an award of compensation;
(2)	With the consent of the district attorney, to request that prosecuting attorneys, law enforcement officers, and State agencies conduct investigations and provide information necessary to enable the Director or Commission to determine whether, and the extent to which, a claimant qualifies for an award of compensation; and
(3)	To require the claimant to supplement the application for an award of compensation with any reasonably available medical or psychological reports pertaining to the injury for which the award of compensation is claimed.
Information obtained pursuant to this subsection is subject to the same privilege against public disclosure that may be asserted by the providing source."
Sec. 3.  Chapter 15B of the General Statutes is amended by adding a new subsection to read:
"§ 15B-8.1.  Privilege and records of the Commission.
(a)	In a proceeding under this Chapter, the privileges set forth in G.S. 8-53, 8-53.3, 8-53.4, 8-53.7, 8-53.8, and 8-56 do not apply to communications or records concerning the physical, mental or emotional condition of the claimant or victim if that condition is relevant to a claim for compensation.
(b)	All medical information relating to the mental, physical, or emotional condition of a victim or claimant and all law enforcement records and information and any juvenile records shall be held confidential by the Commission and Director. Except for information held confidential under this subsection, the records of the Division shall be open to public inspection."
Sec. 4.  G.S. 15B-12(b) reads as rewritten:
"(b)	
(b)	In a proceeding under this Chapter, the privileges set forth in G.S. 8-53, 8-53.3, 8-53.4, 8-53.7, 8-53.8, and 8-56 do not apply to communications or records concerning the physical, mental or emotional condition of the claimant or victim if that condition is relevant to a claim for compensation."
Sec. 5.  G.S. 15B-12(f) reads as rewritten:
"(f)	The  administrative law judge may not request the victim or the claimant to supply any evidence that would not be admissible at a trial under G.S. 8C-1, Rule 412."
Sec. 6.  G.S. 15B-16 is amended by adding a new subsection to read:
"(e)	The Director, even after an award made by the Commission, may negotiate with any service provider in order to obtain a reduction of the amount claimed by the provider in exchange for a full release of any claim against a claimant."
Sec. 7.  G.S. 15B-18 is amended by adding a new subsection to read:
"(f)	The Director may pursue any claim of the Crime Victim's Compensation Fund or the Commission set forth in this Chapter. At the request of the Director, or otherwise, the Attorney General is authorized to assert the rights of the Crime Victim's Compensation Fund or Commission before any administrative or judicial tribunal for purposes of enforcing a claim or right set forth in this Chapter."
Sec. 8.  This act is effective upon ratification.
In the General Assembly read three times and ratified this the 26th day of July, 1989.