Minnesota Session Laws - 1999, Regular Session

                            CHAPTER 136-H.F.No. 1359 
                  An act relating to crime victims; clarifying the 
                  procedure for the deposit of unclaimed restitution 
                  funds; expanding coverage for crime victims 
                  reparations to include moving expense for victims of 
                  crime; extending the time limit for filing of claims 
                  to three years and allowing an exception to the time 
                  limit for all child abuse cases; amending Minnesota 
                  Statutes 1998, sections 611A.04, by adding a 
                  subdivision; 611A.52, subdivision 8; 611A.53, 
                  subdivision 2; and 611A.612. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 611A.04, is 
        amended by adding a subdivision to read: 
           Subd. 5.  [UNCLAIMED RESTITUTION PAYMENTS.] Restitution 
        payments held by the court for a victim that remain unclaimed by 
        the victim for more than three years shall be deposited in the 
        crime victims account created in section 611A.612. 
           At the time the deposit is made, the court shall record the 
        name and last known address of the victim and the amount being 
        deposited, and shall forward the data to the crime victims 
        reparations board. 
           Sec. 2.  Minnesota Statutes 1998, section 611A.52, 
        subdivision 8, is amended to read: 
           Subd. 8.  [ECONOMIC LOSS.] "Economic loss" means actual 
        economic detriment incurred as a direct result of injury or 
        death.  
           (a) In the case of injury the term is limited to:  
           (1) reasonable expenses incurred for necessary medical, 
        chiropractic, hospital, rehabilitative, and dental products, 
        services, or accommodations, including ambulance services, 
        drugs, appliances, and prosthetic devices; 
           (2) reasonable expenses associated with recreational 
        therapy where a claimant has suffered amputation of a limb; 
           (3) reasonable expenses incurred for psychological or 
        psychiatric products, services, or accommodations, not to exceed 
        an amount to be set by the board, where the nature of the injury 
        or the circumstances of the crime are such that the treatment is 
        necessary to the rehabilitation of the victim; 
           (4) loss of income that the victim would have earned had 
        the victim not been injured; 
           (5) reasonable expenses incurred for substitute child care 
        or household services to replace those the victim or claimant 
        would have performed had the victim or the claimant's child not 
        been injured.  As used in this clause, "child care services" 
        means services provided by facilities licensed under and in 
        compliance with either Minnesota Rules, parts 9502.0315 to 
        9502.0445, or 9545.0510 to 9545.0670, or exempted from licensing 
        requirements pursuant to section 245A.03.  Licensed facilities 
        must be paid at a rate not to exceed their standard rate of 
        payment.  Facilities exempted from licensing requirements must 
        be paid at a rate not to exceed $3 an hour per child for daytime 
        child care or $4 an hour per child for evening child care; and 
           (6) reasonable expenses actually incurred to return a child 
        who was a victim of a crime under section 609.25 or 609.26 to 
        the child's parents or lawful custodian.  These expenses are 
        limited to transportation costs, meals, and lodging from the 
        time the child was located until the child was returned home.; 
        and 
           (7) the claimant's moving expenses, storage fees, and phone 
        and utility installation fees, up to a maximum of $1,000 per 
        claim, if the move is necessary due to a reasonable fear of 
        danger related to the crime for which the claim was filed. 
           (b) In the case of death the term is limited to:  
           (1) reasonable expenses actually incurred for funeral, 
        burial, or cremation, not to exceed an amount to be determined 
        by the board on the first day of each fiscal year; 
           (2) reasonable expenses for medical, chiropractic, 
        hospital, rehabilitative, psychological and psychiatric 
        services, products or accommodations which were incurred prior 
        to the victim's death and for which the victim's survivors or 
        estate are liable; 
           (3) loss of support, including contributions of money, 
        products or goods, but excluding services which the victim would 
        have supplied to dependents if the victim had lived; and 
           (4) reasonable expenses incurred for substitute child care 
        and household services to replace those which the victim or 
        claimant would have performed for the benefit of dependents if 
        the victim or the claimant's child had lived.  
           Claims for loss of support for minor children made under 
        clause (3) must be paid for three years or until the child 
        reaches 18 years old, whichever is the shorter period.  After 
        three years, if the child is younger than 18 years old a claim 
        for loss of support may be resubmitted to the board, and the 
        board staff shall evaluate the claim giving consideration to the 
        child's financial need and to the availability of funds to the 
        board.  Claims for loss of support for a spouse made under 
        clause (3) shall also be reviewed at least once every three 
        years.  The board staff shall evaluate the claim giving 
        consideration to the spouse's financial need and to the 
        availability of funds to the board.  
           Claims for substitute child care services made under clause 
        (4) must be limited to the actual care that the deceased victim 
        would have provided to enable surviving family members to pursue 
        economic, educational, and other activities other than 
        recreational activities. 
           Sec. 3.  Minnesota Statutes 1998, section 611A.53, 
        subdivision 2, is amended to read: 
           Subd. 2.  No reparations shall be awarded to a claimant 
        otherwise eligible if:  
           (a) the crime was not reported to the police within 30 days 
        of its occurrence or, if it could not reasonably have been 
        reported within that period, within 30 days of the time when a 
        report could reasonably have been made.  A victim of criminal 
        sexual conduct in the first, second, third, or fourth degree who 
        does not report the crime within 30 days of its occurrence is 
        deemed to have been unable to have reported it within that 
        period; 
           (b) the victim or claimant failed or refused to cooperate 
        fully with the police and other law enforcement officials; 
           (c) the victim or claimant was the offender or an 
        accomplice of the offender or an award to the claimant would 
        unjustly benefit the offender or an accomplice; 
           (d) the victim or claimant was in the act of committing a 
        crime at the time the injury occurred; 
           (e) no claim was filed with the board within two three 
        years of victim's injury or death; except that (1) if the 
        claimant was unable to file a claim within that period, then the 
        claim can be made within two three years of the time when a 
        claim could have been filed; and (2) if the victim's injury or 
        death was not reasonably discoverable within two three years of 
        the injury or death, then the claim can be made within two three 
        years of the time when the injury or death is reasonably 
        discoverable.  The following circumstances do not render a 
        claimant unable to file a claim for the purposes of this 
        clause:  (1) lack of knowledge of the existence of the Minnesota 
        Crime Victims Reparations Act, (2) the failure of a law 
        enforcement agency to provide information or assistance to a 
        potential claimant under section 611A.66, (3) the incompetency 
        of the claimant if the claimant's affairs were being managed 
        during that period by a guardian, guardian ad litem, 
        conservator, authorized agent, or parent, or (4) the fact that 
        the claimant is not of the age of majority; or 
           (f) the claim is less than $50.  
           The limitations contained in clauses (a) and (e) do not 
        apply to victims of domestic child abuse as defined in section 
        260.015, subdivision 24.  In those cases the two-year three-year 
        limitation period commences running with the report of the crime 
        to the police. 
           Sec. 4.  Minnesota Statutes 1998, section 611A.612, is 
        amended to read: 
           611A.612 [CRIME VICTIMS ACCOUNT.] 
           A crime victim account is established as a special account 
        in the state treasury.  Amounts collected by the state under 
        section 611A.61 or, paid to the crime victims reparations board 
        under section 611A.04, subdivision 1a, or amounts deposited by 
        the court under section 611A.04, subdivision 5, shall be 
        credited to this account.  Money credited to this account is 
        annually appropriated to the department of public safety for use 
        for crime victim reparations under sections 611A.51 to 611A.67. 
           Presented to the governor May 6, 1999 
           Signed by the governor May 10, 1999, 1:04 p.m.