R.I. Gen. Laws § 12-25-17

Current through 2024 Public Law 457

Section 12-25-17 - Definitions

As used in this chapter:

(1) "Administrator" means the program administrator of this chapter.

(2) "Child" means an unmarried person who is under eighteen (18) years of age and includes a stepchild or an adopted child.

(3) "Court" means the superior court.

(4) "Dependent" means a person wholly or partially dependent upon the income of the victim at the time of his or her death or would have been so dependent but for the incapacity due to the injury from which the death resulted. The term includes a child of the victim born after the death of the victim.

(5) "Medical forensic examination" means an examination of a sexual assault victim completed by a healthcare provider, who has specialized education and clinical experience in the collection of forensic evidence and treatment of these victims, which includes:

(i) Gathering information from the victim for the medical forensic history;

(ii) An examination;

(iii) Documentation of biological and physical finding, and collection of evidence from the patient; and

(iv) Documentation of findings.

(6) "Office" means the office of the general treasurer.

(7) "Pecuniary loss" includes:

(i) For personal injury:

(A) Medical expenses (including psychiatric care) for which the victim is not compensated by any other source;

(B) Hospital expenses for which the victim is not compensated by any other source;

(C) Loss of past earnings for which the victim is not compensated by any other source;

(D) Loss of future earnings because of a disability resulting from the personal injury for which the victim is not compensated by any other source; and

(E) Direct expenses related to the delivery or obtainment of medical or counseling services, or participation in criminal justice proceedings.

(ii) For death:

(A) Funeral and burial expenses for which the victim's estate is not compensated by any other source;

(B) Loss of support to the dependents of the victim for which the dependents are not compensated by any other source; and

(C) Direct expenses related to the participation in funeral services, counseling, or criminal justice proceedings.

(iii) Any other expenses actually and necessarily incurred as a result of the personal injury or death for which the victim or his or her estate is not compensated by any other source, but it does not include property damage.

(8) "Personal injury" means actual bodily harm, mental or nervous shock, and a pregnancy resulting from sexual attack.

(9) "Relative" means a spouse, parent, grandparent, stepfather, stepmother, child, grandchild, brother, sister, half-brother, half-sister, and a spouse's parents.

(10) "Resident" means any person who has his or her residence within the state of Rhode Island.

(11) "Secondary victim" means a child who suffers an emotional injury as a direct result of witnessing a homicide or incident of domestic violence.

(12) "State" includes the District of Columbia, the fifty (50) states, and the United States' territories and possessions.

(13) "Treasurer" means the general treasurer of the state of Rhode Island or his or her designee.

(14) "Victim" means a person who is injured or killed by any act of a person or persons that is within the description of any of the offenses specified in § 12-25-20 and which act occurs in the state of Rhode Island. "Victim" also means a resident of the state of Rhode Island who is a victim of an act of terrorism as defined in 18 U.S.C. § 2331 occurring outside the United States or within the United States as referred to in 34 U.S.C. § 20105.

(15) "1972 Act" means the Criminal Injuries Compensation Act of 1972, established pursuant to former §§ 12-25-1 - 12-25-12.1.

(16) "1996 Act" means the Criminal Injuries Compensation Act of 1996, established pursuant to §§ 12-25-16 - 12-25-31.

R.I. Gen. Laws § 12-25-17

Amended by 2024 Pub. Laws, ch. 339,§ 1, eff. 6/25/2024.

Amended by 2024 Pub. Laws, ch. 338,§ 1, eff. 6/25/2024.

Amended by 2017 Pub. Laws, ch. 451, § 4, eff. 10/11/2017.

Amended by 2017 Pub. Laws, ch. 350, § 1, eff. 9/28/2017.

Amended by 2017 Pub. Laws, ch. 341, § 1, eff. 9/28/2017.

Amended by 2017 Pub. Laws, ch. 174, § 1, eff. 6/30/2017.

Amended by 2017 Pub. Laws, ch. 110, § 1, eff. 6/30/2017.

Amended by 2016 Pub. Laws, ch. 18, § 1, eff. 5/17/2016.

Amended by 2016 Pub. Laws, ch. 16, § 1, eff. 5/17/2016.

P.L. 1996 , ch. 434, § 3; P.L. 1997 , ch. 183, § 1; P.L. 1997 , ch. 317, § 1.