VICTIMS' COMPENSATION LAW CHANGES.

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View NCGA Bill Details2011-2012 Session
Senate Bill 272 (Public) Filed Tuesday, March 8, 2011
TO CLARIFY THE DEFINITION OF DEPENDENT FOR THE PURPOSES OF CRIME VICTIMS' COMPENSATION, TO CLARIFY CONFIDENTIALITY OF CRIME VICTIMS COMPENSATION COMMISSION RECORDS, TO REQUIRE SUSPENSION OF THE PAYMENT OF BENEFITS UPON REQUEST OF THE ATTORNEY GENERAL, AND TO CLARIFY THE HANDLING OF WRITE-OFFS FOR CLAIMS HANDLED BY THE CRIME VICTIMS COMPENSATION COMMISSION.
Intro. by Brunstetter.

Status: Ch. SL 2011-267 (Senate Action) (Jun 23 2011)
S 272/S.L. 2011-267

Bill Summaries:

  • Summary date: Jun 30 2011 - View Summary

    AN ACT TO CLARIFY THE ROLE OF CHARITABLE DONATIONS AND WRITE-OFFS AS COLLATERAL SOURCES FOR CRIME VICTIMS COMPENSATION, TO MODIFY THE SCOPE OF DEPENDENT'S ECONOMIC LOSS FOR CRIME VICTIMS COMPENSATION, TO CLARIFY THE CONFIDENTIALITY OF CRIME VICTIMS COMPENSATION COMMISSION RECORDS, TO REQUIRE SUSPENSION OF CRIME VICTIMS COMPENSATION PROCEEDINGS UPON REQUEST OF THE ATTORNEY GENERAL, AND TO PROVIDE THAT CERTAIN STATE BAR RECORDS ON DISCIPLINARY MATTERS AND THE LAWYERS ASSISTANCE PROGRAM ARE NOT PUBLIC RECORD. Summarized in Daily Bulletin 3/8/11, 4/12/11, and 6/8/11. Enacted June 23, 2011. Sections 1–4 are effective July 1, 2011. The remainder is effective June 23, 2011.


  • Summary date: Jun 8 2011 - View Summary

    House committee substitute makes the following changes to 2nd edition.
    Enacts new GS 84-32.1 effective when it becomes law, to provide that certain state bar records on disciplinary matters and the lawyers assistance program are not public record. Makes a conforming change to the title.


  • Summary date: Apr 12 2011 - View Summary

    Senate committee substitute makes the following changes to 1st edition.
    Amends GS 15B-2 to expand the definition for collateral source to include a charitable gift or donation by a third-party, including a charity care write-off of expenses by a medical provider, regardless of whether the gift or donation is subsequently rescinded. Reinstates the definition for dependent’s economic loss which was deleted in the 1st edition. Amends the definition for dependent’s economic loss to set the compensation for a dependent’s economic loss at no more than $300 per week and limits the duration of the compensation to a maximum of 26 weeks from the date of the injury.
    Amends GS 15B-8.1(b) to make clarifying and organizational changes.
    Repeals GS 15B-11(f), which contained limits on the amount and duration of benefits.
    Deletes amendment from the 1st edition to GS 15B-16 which prohibited providers who write off bills to a victim or a claimant to seek reimbursement from the Crime Victims Compensation Commission, its Director, the victim, or the claimant at any time after the write-off for the amount written off.
    Rewrites the title as, AN ACT TO CLARIFY THE ROLE OF CHARITABLE DONATIONS AND WRITE-OFFS AS COLLATERAL SOURCES FOR CRIME VICTIMS COMPENSATION, TO MODIFY THE SCOPE OF DEPENDENT’S ECONOMIC LOSS FOR CRIME VICTIMS COMPENSATION, TO CLARIFY THE CONFIDENTIALITY OF CRIME VICTIMS COMPENSATION COMMISSION RECORDS, AND TO REQUIRE SUSPENSION OF CRIME VICTIMS COMPENSATION PROCEEDINGS UPON REQUEST OF THE ATTORNEY GENERAL.


  • Summary date: Mar 8 2011 - View Summary

    Amends GS 15B-2 to define dependent as an individual wholly dependent (rather than wholly or substantially dependent) upon the victim for care and support and includes a child of the victim born after the victim’s death. Deletes term and definition for dependent’s economic loss.
    Amends GS 15B-8.1(b) to declare that all records of the Division are open to public inspection. Requires information that is not public record to be kept confidential by the Crime Victims Compensation Commission (Commission) and the Director. Reorganizes and clarifies that disclosure of the following confidential information to victims and claimants is allowed: (1) all medical information relating to the mental, physical, or emotional condition of a victim or claimant; (2) all law enforcement records; (3) all juvenile records; (4) all personal information, as defined, of victims and claimants; and (5) all information concerning the disposition of claims for compensation, except the total amount awarded.
    Amends GS 15B-14(b) to mandate (rather than allow) that the proceedings in a claim for compensation be suspended, pending disposition of a criminal prosecution that has been commenced or is imminent, upon the Attorney General’s request.
    Amends GS 15B-16 to prohibit providers who write off bills to a victim or claimant from later seeking reimbursement from the Commission, Director, victim, or claimant. Makes a conforming change.
    Applies to claims submitted on or after July 1, 2011.