Arkansas Crime Victims Reparations Act 

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(external link to full Arkansas code)

16-90-701. Title.

16-90-702. Legislative intent.

It is the intent of the General Assembly to provide a method of compensating and assisting those persons within the state who are victims of criminal acts and who suffer personal injury or death. To this end, it is the further intent of the General Assembly to provide reparations, in the amount of expenses actually incurred as a direct result of the criminal acts of other persons, up to a maximum reparations amount of ten thousand dollars ($10,000). However, for those victims whose injuries are catastrophic and result in a total and permanent disability, the maximum reparations amount shall not exceed twenty-five thousand dollars ($25,000). 

16-90-703. Definitions.

As used in this subchapter, unless the context otherwise requires: 

(1) "Board" means the Crime Victims Reparations Board created by § 16-90-705; 

(2)(A) "Victim" means a person who suffers personal injury or death as a result of criminally injurious conduct committed either within the State of Arkansas or against any Arkansas resident who suffers personal injury as the result of criminally injurious conduct which occurs in states presently not having crime victims reparations programs for which the victim is eligible, and further includes any Arkansas resident who is injured or killed by an act of terrorism committed outside of the United States, as defined in 18 U.S.C. § 2331. 
(B) The term "victim" shall also include a person who: 
(i) Is the child, whether by blood, adoption, or marriage, of a victim as defined in subdivision (2)(A) of this section; 
(ii)(a) Is an immediate family member of a deceased victim, a victim of sexual assault, or a child victim; or (b) Is not an immediate family member, but who resided at the time of the crime in the same permanent household as a deceased victim; or 
(iii) Discovered the body of a victim who died as the result of criminally injurious conduct; 

(3) "Dependent" means a natural person wholly or partially dependent upon the victim for care or support and includes a child of the victim born after the death of the victim where the death occurred as a result of criminally injurious conduct; 

(4)(A) "Claimant" means any of the following persons applying for reparations under this subchapter: 
(i) A victim; 
(ii) A dependent of a victim who has died because of criminally injurious conduct; or 
(iii) A person authorized to act on behalf of any of the persons enumerated in subdivisions (4)(A) and (B) of this section. 
(B) The term shall not include a service provider; 

(5)(A)(i) "Criminally injurious conduct" means an act which occurs or is attempted in this state that results in personal injury or death to a victim, which act is punishable by fine, imprisonment, or death. 
(ii) This term shall include acts of terrorism committed outside of the United States as defined in 18 U.S.C. § 2331 against any Arkansas resident. 
(iii)  This term shall not include acts arising out of the operation of motor vehicles, boats, or aircraft unless the acts were committed with the intent to inflict injury or death or unless the acts involve any of the following: 
(a) Injury or death intentionally inflicted through the use of a motor vehicle, boat, or aircraft; (b) A violation of the Omnibus DWI Act, § 5-65-101 et seq.; or (c) A violation of § 27-53-101. 
(B) For the purposes of this subchapter, a person shall be deemed to have committed criminally injurious conduct, notwithstanding that by reason of age, insanity, drunkenness, or other reason he was legally incapable of committing a crime; 

(6) "Economic loss" means monetary detriment consisting of allowable expense and work loss, but shall not include noneconomic detriment; 

(7)(A) "Allowable expense" means charges incurred for needed products, services, and accommodations, including, but not limited to: 
(i) Medical care; 
(ii) Rehabilitation; 
(iii) Rehabilitative occupational training; 
(iv) Crime scene cleanup; and 
(v) Other remedial treatment and care. 
(B) It also includes a reasonable and necessary amount for expenses related to funeral, cremation, or burial; 

(8) "Work loss" means loss of income from work the victim or claimant would have performed if the victim had not been injured or died, reduced by any income from substitute work actually performed by the victim or claimant or by income the victim or claimant would have earned in available appropriate substitute work that he or she was capable of performing but unreasonably failed to undertake; 

(9) "Noneconomic detriment" means: 
(A) Pain; 
(B) Suffering; 
(C) Inconvenience; 
(D) Physical impairment; and 
(E) Nonpecuniary damage; 

(10) "Collateral source" means a source of benefits or advantages for economic loss which the claimant has received or which is readily available to the claimant from any one (1) or more of the following: 
(A) The offender; 
(B)(i) The United States Government or any agency thereof in the form of benefits, such as social security, medicare, and medicaid; or 
(ii) A state or any of its political subdivisions; 
(C) State-required temporary nonoccupational disability insurance; 
(D) Workers' compensation; 
(E) Wage continuation programs of any employer; 
(F) Proceeds of a contract of insurance payable to the claimant for loss which the victim sustained because of the criminally injurious conduct; or 
(G) A contract providing prepaid hospital and other health care services or benefits for disability; 

(11) "Immediate family" means a person's spouse, children, parents or guardian, siblings, and grandparents, whether related by blood, adoption, or marriage; and 

(12) "Personal injury" means actual bodily harm, including pregnancy or mental anguish which is the direct result of a violent criminal act. 

16-90-704. Penalty.

The filing of a false claim for reparations pursuant to this subchapter shall constitute a Class D felony. 

16-90-705. Crime Victims Reparations Board.

(a)(1) There is created a Crime Victims Reparations Board consisting of five (5) members appointed by the Governor with the advice and consent of the Senate to serve four-year staggered terms and until a successor is appointed and qualified.   
(2) At least two (2) members of the board shall be persons admitted to practice law in this state. 
(3) At least one (1) member of the board shall be: 
(A) A victim of criminally injurious conduct; 
(B) The next of kin of a homicide victim; or 
(C) An individual experienced in providing victim assistance services. 
(4) Vacancies shall be filled in the same manner as a regular appointment. 
(b) Each year the board shall elect the chairman from its membership. 
(c)(1) Members of the board shall receive no pay for their services, but each member may receive expense reimbursement in accordance with § 25-16-901 et seq. 
(2) All reasonable and necessary expenses of the board shall be paid from the Crime Victims Reparations Revolving Fund. 

16-90-706. Powers of board - Logistical support.

16-90-707. Annual report by board.

16-90-708. Application forms - Cooperation by applicant.

(a) Each law enforcement agency in the state shall keep application forms prepared and provided by the board and make them available to any person upon request. 
  
(b) The board may contact any law enforcement agency to determine if an applicant has cooperated with that agency in the identification, apprehension, and conviction of the perpetrator of the crime. 

16-90-709. Proceedings and record - Settlement of claims.

(a) Every party to the claim shall be afforded an opportunity to appear and be heard, to offer evidence and argument on any issues relevant to the claim, and to examine witnesses and offer evidence to reply to any matter of an evidentiary nature in the record relevant to the claim. A record of the proceedings of the hearing in a contested case shall be made and shall be transcribed upon request of any party, who shall pay transcription costs unless otherwise ordered by the board. 
  
(b) Without a hearing, the board may settle a claim by stipulation, agreed settlement, consent order, or default. 

16-90-710. Waiver of physician-patient privilege - Examinations and reports.

(a) Any person filing a claim under the provisions of this subchapter shall be deemed to have waived any physician-patient privilege as to communications or records relevant to an issue of the physical, mental, or emotional conditions of the claimant. 
  
(b) If the mental, physical, or emotional condition of a claimant is material to a claim, upon good cause shown, the board may order the claimant to submit to a mental or physical examination and may order an autopsy of a deceased victim. The order shall specify the time, place, manner, conditions, and scope of the examination or autopsy and the person by whom it is to be made. The order shall also require the person to file a detailed written report of the examination or autopsy with the board. The report shall set out the findings of the person making the report, including results of all tests made, diagnoses, prognoses, and other conclusions and reports of earlier examinations of the same conditions. 
(c) The board shall furnish to the victim a copy of any reports examined. If the victim is deceased, the board, on request, shall furnish a copy of the report to the claimant. 
(d) The board may require the claimant to supply any additional medical or psychological reports available relating to the injury or death for which reparations are claimed. 

16-90-711. Confidential information.

The following information, when submitted to the board as part of an application, shall be confidential: 
(1) Documents submitted by a claimant which relate to medical treatment; 
(2) Law enforcement investigative reports, if confidential under any other law. 

16-90-712. Conditions for reparations - Changes in awards.

(a) Reparations shall not be awarded: 
(1) Unless the claim has been filed with the Crime Victims Reparations Board within one (1) year after the injury or death upon which the claim is based, unless the board shall find good cause for the failure to file a timely claim; 
(2) To a claimant who was the offender or an accomplice of the offender; 
(3) To another person if the award would unjustly benefit the offender or accomplice; 
(4) To a victim who is injured or killed while confined in state, county, or municipal jail, prison, or other correctional facility as a result of conviction of any crime; 
(5) To any claimant who has been convicted of a felony involving criminally injurious conduct; 
(6) Unless the criminally injurious conduct resulting in injury or death was reported to the proper authorities within seventy-two (72) hours after its occurrence, or the board finds there was good cause for the failure to report within that time; or 
(7)(A)(i) If there are insufficient funds in the Crime Victims Reparations Revolving Fund. 
(ii) However, when sufficient funds become available, the awards which have not been paid shall be paid in chronological order with the oldest paid first, unless the board shall find that compelling circumstances support a payment out of chronological order. 
(B) Any award under this subchapter is specifically not a claim against the state if it cannot be paid due to a lack of funds in the Crime Victims Reparations Revolving Fund. 
(b) Reparations otherwise payable to a claimant shall be diminished to the extent: 
(1) That the economic loss is recouped from collateral sources; or 
(2) Of the degree of responsibility for the cause of the injury or death attributable to the victim, as determined by the board. 
(c) Upon finding that the claimant or victim has not fully cooperated with appropriate law enforcement agencies, the board may deny, withdraw, or reduce an award of reparations. 
(d)(1) On its own motion or on request of the claimant, the board may reconsider a decision granting or denying an award or determining its amount. 
(2) An order on reconsideration of an award shall not require a refund of amounts previously paid unless the award was obtained by fraud. 
(3) Reconsideration does not affect the finality of a board decision for the purpose of judicial review. 

16-90-713. Awards apart from prosecution.

An award may be made whether or not any person is prosecuted or convicted. The board may suspend the proceedings pending disposition of a criminal prosecution that has been commenced or is imminent, but may make a tentative award under § 16-90-716. 

16-90-714. Subrogation of state to claimant's rights.

16-90-715. Action by state against convicted person for recovery of reparations.

16-90-716. Limitation on reparations - Manner of payment.

(a)(1) Reparations payable to a victim and to all other claimants sustaining economic loss because of injury to or death of that victim may not exceed ten thousand dollars ($10,000). 
(2) However, for those victims whose injuries are catastrophic and result in a total and permanent disability, the maximum reparations amount shall not exceed twenty-five thousand dollars ($25,000). [more info in the text of the code] 

16-90-717. Crime Victims Reparations Revolving Fund.

16-90-718. Repealed.

16-90-719. Property damage - Reparations - Intent.

(a)(1) Persons who have suffered damage to their primary residence and surrounding real property in an amount in excess of five hundred dollars ($500) as a result of a criminal act or who have had personal property stolen from their primary residence valued in excess of five hundred dollars ($500), and who do not have adequate available resources or any collateral source of reimbursement, such as insurance, to cover the costs of repairs to their property may file a claim with the Crime Victims Reparations Board in the manner and form as is presently required by the Crime Victims Reparations Board for crime victims. 
(2) The Crime Victims Reparations Board shall have the power to provide labor for repairs and cleanup supplied by eligible offenders serving community punishment and probationers in accordance with rules and regulations promulgated by the Board of Corrections.