S823: Crime Victims Compensation Fund Expansion. Latest Version

Session: 2021 - 2022

Senate
Passed 1st Reading



AN ACT to INCREASE CERTAIN ALLOWABLE EXPENSES TO BE PAID TO VICTIMS OF CRIMES FROM THE CRIME VICTIMs compensation FUND and to appropriate funds.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 15B‑2 reads as rewritten:

§ 15B‑2.  Definitions.

As used in this Article, the following definitions apply, unless the context requires otherwise:

(1)        Allowable expense. – Reasonable charges incurred for reasonably needed products, services, and accommodations, including those for medical care, rehabilitation, medically‑related property, and other remedial treatment and care. Reasonably needed services include (i) counseling for immediate family members of children under the age of 18 who are victims of rape, sexual assault, or domestic violence and (ii) family counseling and grief counseling for immediate family members of homicide victims. The cumulative total for counseling services provided to immediate family members shall not exceed three forty‑five thousand dollars ($3,000) ($45,000) per family.

Allowable expense includes a total charge not in excess of five eight thousand dollars ($5,000) ($8,000) for expenses related to funeral, cremation, and burial, including transportation of a body, but excluding expenses for flowers, gravestone, and other items not directly related to the funeral service.

Allowable expense for medical care, counseling, rehabilitation, medically‑related property, and other remedial treatment and care of a victim shall be limited to sixty‑six and two‑thirds percent (66 2/3%) of the amount usually charged by the provider for the treatment or care. By accepting the compensation paid as allowable expense pursuant to this subdivision, the provider agrees that the compensation is payment in full for the treatment or care and shall not charge or otherwise hold a claimant financially responsible for the cost of services in addition to the amount of allowable expense.

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SECTION 2.  There is appropriated from the General Fund to the Crime Victims Compensation Fund in the Department of Public Safety the sum of five hundred thousand dollars ($500,000) in nonrecurring funds for the 2022‑2023 fiscal year to be used in the manner as directed for funds within the Crime Victims Compensation Fund.

SECTION 3.  Section 1 of this act is effective when it becomes law and applies to payments for allowable expenses awarded on or after that date. Section 2 of this act becomes effective July 1, 2022. The remainder of this act is effective when it becomes law.