CHAPTER 243
H.P. 1103 - L.D. 1510
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §3360, sub-§3, as amended by PL 1997, c. 378, §§1 to 3, is further amended to read:
3. Crime. "Crime" means one of the following:
A. Offenses against the person as described in Title 17-A, chapter 9;
B. Sexual assaults as described in Title 17-A, chapter 11;
C. Kidnapping and criminal restraint as described in Title 17-A, chapter 13;
D. Robbery as described in Title 17-A, chapter 27;
E. Operating under the influence of intoxicating liquor or drugs or with an excessive blood-alcohol level, as described in Title 29-A, section 2411; or
F. An act of terrorism, as defined in United States Code, Title 18, Section 2331, committed outside of the United States against a resident of this State.; or
G. Leaving the scene of a motor vehicle accident involving personal injury or death, in violation of Title 29-A, section 2252.
Sec. 2. 5 MRSA §3360, sub-§4, as amended by PL 1999, c. 360, §2 and affected by §9, is further amended to read:
4. Eligible expenses and losses. "Eligible expenses and losses" means expenses and losses resulting from a personal injury sustained by an individual as a direct result of a crime specified in subsection 3 and may include medical and medically related expenses, psychological or mental health counseling expenses, lost wages and funeral and burial expenses. "Eligible expenses and losses" may include costs of eyeglasses, hearing aids, dentures or other prosthetic devices taken, lost, destroyed or damaged as a result of the crime, costs to repair or replace locks or security devices and costs of crime scene cleanup. Expenses and losses claimed under this subsection must be expenses or losses actually and reasonably incurred.
Sec. 3. 5 MRSA §3360, sub-§5, as enacted by PL 1997, c. 378, §4, is amended to read:
5. Family or household member. "Family or household member" means: the parent, stepparent, sibling, grandparent, spouse, child or stepchild of a victim; or a person who bears an equally significant relationship to the victim; or a person who at the time or discovery of the crime was living in the household of the victim or who previously had lived in the household of the victim for a period of not less than 2 years.
Sec. 4. 5 MRSA §3360-C, sub-§1, ¶B, as enacted by PL 1991, c. 806, §3, is amended to read:
B. The claim was filed with the board within one year 3 years of the occurrence of the injury or compensable loss, or within 60 days of the discovery of injury or compensable loss, whichever is later.
Sec. 5. 5 MRSA §3360-D, sub-§2, as amended by PL 1999, c. 360, §6 and affected by §9, is further amended by adding at the end a new paragraph to read:
Upon request of the board pursuant to the claimant's application for compensation, health care providers and health plans, insurers or other persons who pay or discharge the costs of health care must submit directly to the board any information that is required to support a claimant's application or that is necessary to process a claim for payment.
Sec. 6. 17-A MRSA §1330-B is enacted to read:
§1330-B. Restitution for benefit of victim
When compensation is awarded from the Victims' Compensation Fund pursuant to Title 5, chapter 316-A, the amount of any restitution ordered to be paid to or for the benefit of the victim and collected as part of a sentence imposed must be paid by the agency collecting the restitution in an amount not to exceed the amount of the payments from the fund, directly to the fund if, when added to the payments from the fund, the restitution exceeds the victim's actual loss.
Effective September 13, 2003, unless otherwise indicated.
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