Delaware General Assembly

Signed 8/12/14

The General Assembly has ended, the current status is the final status.

6/17/14

J. Johnson

Sen. Poore

Rep. Bolden

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO COMPENSATION FOR VICTIMS OF VIOLENT CRIMES

This Bill (Section 1) clarifies the authority of the Victims Compensation Assistance Program (“VCAP”) to recover from the offender and collateral sources the full amount of compensation paid to the victim(s) of crimes committed by the offender. Where the offender is convicted of crimes involving victims who have received compensation from VCAP, the agency may submit an affidavit and supporting documentation in and seek a restitution order for reimbursement of the Victims Compensation Fund (Section 2). This amendment is consistent with the longstanding practice of the criminal courts in ordering restitution payable to the VCF. The offender’s obligation to reimburse the Fund is in addition to the 18% surcharge to the Fund added to any fines, and also in addition to any “compensating fine” assessed in the discretion of the court under the standard set forth in existing Section 9018 (Section 3). This amendment providing for reimbursement through the sentencing order is in addition to the existing civil remedies set forth in subsections (a) and (b) of Section 9014. Section 4 of this Bill is intended to clarify the authority of VCAP to claim reimbursement from the victim, claimant, or dependents for payments received from collateral sources (other than life insurance). VCAP is entitled to reimbursement, regardless of whether the collateral payments are received before or after compensation from VCAP. The intent is for VCAP to be the payer of last resort, and to replenish the Victims’ Compensation Fund for the benefit of future crime victims seeking compensation. In cases of extreme hardship, such as where the victim faces outstanding bills and future losses that exceed the net recovery from collateral sources, the VCAP Director may waive all or part of the statutory recovery.

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Takes effect upon being signed into law

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