LD 1758
pg. 2
Page 1 of 3 An Act to Amend the Victims' Compensation Fund Law Page 3 of 3
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LR 2699
Item 1

 
(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.


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