Section 595.020

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 595

Effective - 28 Aug 2009, 2 histories, see footnote   (history) 

  595.020.  Eligibility for compensation. — 1.  Except as hereinafter provided, the following persons shall be eligible for compensation pursuant to sections 595.010 to 595.075:

  (1)  A victim of a crime;

  (2)  In the case of a sexual assault victim:

  (a)  A relative of the victim requiring counseling in order to better assist the victim in his recovery; and

  (3)  In the case of the death of the victim as a direct result of the crime:

  (a)  A dependent of the victim;

  (b)  Any member of the family who legally assumes the obligation, or who pays the medical or burial expenses incurred as a direct result thereof; and

  (c)  A survivor of the victim requiring counseling as a direct result of the death of the victim.

  2.  An offender or an accomplice of an offender shall in no case be eligible to receive compensation with respect to a crime committed by the offender.  No victim or dependent shall be denied compensation solely because he is a relative of the offender or was living with the offender as a family or household member at the time of the injury or death.  However, the department may award compensation to a victim or dependent who is a relative, family or household member of the offender only if the department can reasonably determine the offender will receive no substantial economic benefit or unjust enrichment from the compensation.

  3.  No compensation of any kind may be made to a victim or intervenor injured while confined in any federal, state, county, or municipal jail, prison or other correctional facility, including house arrest or electronic monitoring.

  4.  No compensation of any kind may be made to a victim who has been finally adjudicated and found guilty, in a criminal prosecution under the laws of this state, of two felonies within the past ten years, of which one or both involves illegal drugs or violence.  The department may waive this restriction if it determines that the interest of justice would be served otherwise.

  5.  In the case of a claimant who is not otherwise ineligible pursuant to subsection 4 of this section, who is incarcerated as a result of a conviction of a crime not related to the incident upon which the claim is based at the time of application, or at any time following the filing of the application:

  (1)  The department shall suspend all proceedings and payments until such time as the claimant is released from incarceration;

  (2)  The department shall notify the applicant at the time the proceedings are suspended of the right to reactivate the claim within six months of release from incarceration.  The notice shall be deemed sufficient if mailed to the applicant at the applicant's last known address;

  (3)  The claimant shall file an application to request that the case be reactivated not later than six months after the date the claimant is released from incarceration.  Failure to file such request within the six-month period shall serve as a bar to any recovery.

  6.  Victims of crime who are not residents of the state of Missouri may be compensated only when federal funds are available for that purpose.  Compensation for nonresident victims shall terminate when federal funds for that purpose are no longer available.

  7.  A Missouri resident who suffers personal physical injury or, in the case of death, a dependent of the victim or any member of the family who legally assumes the obligation, or who pays the medical or burial expenses incurred as a direct result thereof, in another state, possession or territory of the United States may make application for compensation in Missouri if:

  (1)  The victim of the crime would be compensated if the crime had occurred in the state of Missouri;

  (2)  The place that the crime occurred is a state, possession or territory of the United States, or location outside of the United States that is covered and defined in 18 U.S.C. Section 2331, that does not have a crime victims' compensation program for which the victim is eligible and which provides at least the same compensation that the victim would have received if he had been injured in Missouri.

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(L. 1981 H.B. 41, et al. § 3, A.L. 1985 H.B. 715, A.L. 1989 H.B. 502, et al. merged with S.B. 138, A.L. 1990 H.B. 974, A.L. 1993 S.B. 19, A.L. 1994 S.B. 554, A.L. 1997 S.B. 430, A.L. 2009 S.B. 338)