hb1030i-Introduced Bill Text
FIRST REGULAR SESSION
HOUSE BILL NO. 1030
90TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES TUDOR, RIDGEWAY, LOGRASSO AND HOPPE
Read 1st time March 10, 1999, and 1000 copies ordered printed.
ANNE C. WALKER, Chief Clerk
To repeal section 595.035, RSMo 1994, relating to victim's rights, and to enact in lieu thereof
one new section relating to the same subject.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 595.035, RSMo 1994, is repealed and one new section enacted in lieu
thereof, to be known as section 595.035, to read as follows:
595.035. 1. For the purpose of determining the amount of compensation payable pursuant to
sections 595.010 to 595.075, the division of workers' compensation shall, insofar as practicable,
formulate standards for the uniform application of sections 595.010 to 595.075, taking into
consideration the provisions of sections 595.010 to 595.075, the rates and amounts of compensation payable for injuries and death [under] pursuant to other laws of this state and of the United
States, excluding pain and suffering, and the availability of funds appropriated for the purpose of
sections 595.010 to 595.075. All decisions of the division of workers' compensation on claims
heard [under] pursuant to sections 595.010 to 595.075 shall be in writing, setting forth the name
of the claimant, the amount of compensation and the reasons for the decision. The division of
workers' compensation shall immediately notify the claimant in writing of the decision and shall
forward to the state treasurer a certified copy of the decision and a warrant for the amount of the
claim. The state treasurer, upon certification by the commissioner of administration, shall, if
there are sufficient funds in the crime victims' compensation fund, pay to or on behalf of the
claimant the amount determined by the division.
2. The crime victims' compensation fund is not a state health program and is not intended to be
used as a primary payor to other health care assistance programs, but is a public, quasi-charitable
fund whose fundamental purpose is to assist victims of violent crimes through a period of
financial hardship, as a payor of last resort. Accordingly, any compensation paid pursuant to
sections 595.010 to 595.075 shall be reduced by the amount of any payments, benefits or awards
received or to be received as a result of the injury or death:
(1) From or on behalf of the offender;
(2) Under private or public health insurance programs, including champus, Medicare, Medicaid
and other state or federal programs; or
(3) From any other public or private funds, including an award payable [under] pursuant to the
workers' compensation laws of this state.
3. In determining the amount of compensation payable, the division of workers' compensation
shall determine whether, because of the victim's consent, provocation, incitement or negligence,
the victim contributed to the infliction of the victim's injury or death, and shall reduce the amount
of the compensation or deny the claim altogether, in accordance with such determination;
provided, however, that the division of workers' compensation may disregard the responsibility
of the victim for his or her own injury where such responsibility was attributable to efforts by the
victim to aid a victim, or to prevent a crime or an attempted crime from occurring in his or her
presence, or to apprehend a person who had committed a crime in his or her presence or had in
fact committed a felony.
4. In determining the amount of compensation payable pursuant to sections 595.010 to 595.070,
monthly Social Security disability or retirement benefits, or life insurance benefits received by
the victim shall not be considered by the division as a factor for reduction of benefits.
5. The division shall not be liable for payment of compensation for any out-of-pocket expenses
incurred more than three years following the date of the occurrence of the crime upon which the
claim is based.
Missouri House of Representatives