| | (2) The bodily personal injury resulted from conduct | | that violates a criminal law of the United States; or |
|
| | | (3) The crime occurred in another state, but only if | | the person is a resident of this State and the other | | state does not have a victim compensation program for | | which residents of this State are eligible, and the | | person would have been eligible under this chapter if | | the conduct had occurred in this State; or |
|
| | D. Is a resident of this State and suffers bodily personal | | injury as a direct result of a crime specified in section | | 3360, subsection 3, paragraph F committed outside of the | | United States. |
|
| | | Sec. 5. 5 MRSA §3360-D, sub-§1, ¶A, as enacted by PL 1991, c. 806, §3, | | is amended to read: |
|
| | A. Claims must be in writing and under oath. |
|
| | | Sec. 6. 5 MRSA §3360-E, first ¶, as amended by PL 1997, c. 378, §9, is | | further amended to read: |
|
| | | The board may award compensation to a claimant of up to $7,500 | | for actual and unreimbursed losses and eligible expenses of any | person who is sexually assaulted or who suffers bodily personal | | injury or death as the result of a crime specified in section | | 3360, subsection 3. |
|
| | | Sec. 7. 5 MRSA §3360-F, sub-§3, as enacted by PL 1991, c. 806, §3, is | | amended to read: |
|
| | | 3. Determination of award. The board shall determine by a | | preponderance of the evidence whether a specified crime occurred, | whether the bodily personal injury or death was the result of | | that criminal conduct, the amount of eligible expenses and losses | | suffered by the claimant, whether to award compensation and the | | amount of the compensation. In determining the amount of | | compensation to be paid, the board shall consider the amount | | available to pay victim compensation claims, the history of | | claims paid by the board, the number and amount of currently | | pending claims and the nature and cost of expenses submitted by | | the claimant. |
|
| | | Sec. 8. Application. Notwithstanding the Maine Revised Statutes, | | Title 1, section 302, this Act applies to all requests for | | compensation pending before the Victims' Compensation Board on | | the effective date of this Act. |
|
|