18.354 Eligibility for awards; limitations; waiver; verification of residence.

554 words·~3 min read·/mi/chapter-18/18-354

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Sec. 4.

(1)Except as provided in subsection (2), the following persons are eligible for awards:

(a)A victim or an intervenor of a crime.

(b)Any of the following individuals:

(i)An individual who is related to a victim or intervenor by blood or affinity to the second degree, including a child born after the death of the victim or intervenor.

(ii)An individual who was in a dating relationship with the victim or intervenor at the time of the crime.

(iii)If the victim or intervenor is a guardian of or primary caregiver to an adult who is physically or mentally incapacitated, that adult who is physically or mentally incapacitated.

(iv)If the victim or intervenor is a guardian or primary caregiver to a minor, that minor.

(v)If the victim or intervenor is a minor or is an adult who is physically or mentally incapacitated and a dependent, the guardian of or primary caregiver to that victim or intervenor.

(vi)An individual who was a guardian of or primary caregiver to a victim or intervenor when the victim or intervenor was a minor.

(c)An individual who legally assumes the obligation or voluntarily pays funeral or burial expenses of a victim who died as a result of a crime.

(d)A health care provider seeking payment under section 5a.

(e)Subject to subsection (4), an individual who, at the time the crime occurred, was a household member.

(f)Subject to subsection (4), an individual who was a household member before the time the crime occurred for a period of not less than 2 years and who is related to the victim or intervenor by blood or affinity.

(g)A dependent who suffers loss of support as a result of the death of a victim or intervenor who died as a result of the crime.

(2)A person is not eligible to receive an award if the person is either of the following:

(a)Criminally responsible for the crime.

(b)An accomplice to the crime.

(3)An award must not be made on a claim unless the claimant has incurred an out-of-pocket loss of not less than $200.00, or has lost at least 5 days' earnings or support, but the commission may waive the limitations of this subsection if a claimant is retired by reason of age or disability. If the claimant is a victim of criminal sexual conduct in the first, second, or third degree, the commission may waive the limitations of this subsection. The commission shall waive this limitation for health care providers seeking payment under section 5a.

(4)The commission may require an individual to provide verification or proof of permanent residence to demonstrate the individual is eligible for an award under subsection (1)(e) or (f), including, but not limited to, a lease agreement, utility bill, license registration, document showing the mailing address, pay stub, tax form, or notarized statement.

History: 1976, Act 223, Eff. Mar. 31, 1977 ;-- Am. 1985, Act 157, Imd. Eff. Nov. 15, 1985 ;-- Am. 1990, Act 316, Imd. Eff. Dec. 20, 1990 ;-- Am. 1996, Act 519 , Imd. Eff. Jan. 13, 1997 ;-- Am. 2008, Act 390 , Imd. Eff. Dec. 29, 2008 ;-- Am. 2022, Act 77 , Eff. Aug. 12, 2023