Criminal Injuries Compensation Act

Criminal Injuries Compensation Act - Title I: Short Title and Definitions - Defines such terms as "child," "dependent," and "relative." Title II: Establishment of Violent Crimes Compensation Commission - Establishes an independent agency within the executive branch of the Federal government to be known as the Violent Crimes Compensation Commission. Provides that the Commission shall be composed of three members to be appointed by the President, by and with the advice and consent of the Senate. Provides that the President shall designate one of the members of the Commission as Chairman, who shall have been a member of the bar of a Federal court or of the highest court of a State for at least eight years. Provides that there shall be appointed, by the President, by and with the advice and consent of the Senate, an Executive Secretary and a General Counsel to perform such duties as the Commission shall prescribe in accordance with the objectives of this Act. Provides that, in order to carry out the purposes of this Act, the Commission shall: (1) receive and process applications under the provisions of this Act for compensation for personal injury resulting from violent acts in accordance with title III of this Act; (2) pay compensation to victims and other beneficiaries in accordance with the provisions of this Act; (3) hold such hearings, sit and act at such times and places, and take such testimony as the Commission or any member thereof may deem advisable; (4) promulgate standards and such other criteria; and (5) make grants in accordance with the provisions of title V of this Act. Allows the Commission to subpena and require production of documents in the manner of the Securities and Exchange Commission and such provisions shall be applicable to all persons summoned by subpena or otherwise to attend or testify or produce such documents as are described therein before the Commission, except under the signature of the Chairman, and application to any court for aid in enforcing such subpena may be made only by the Chairman. Provides that subpenas shall be served by any person designated by the Chairman. Title III: Award and Payment of Compensation - Provides that, in any case in which a person is injured or killed by any act or omission of any other person which is within the description of the offenses listed in this Act, the Commission may, in its discretion, upon an application, order the payment of, and pay, compensation in accordance with the provisions of this Act, if such act or omission occurs: (1) within the "special maritime and territorial jurisdiction of the United States" as defined in section 7 of title 18 of the United States Code; or (2) within the District of Columbia. Provides that the Commission may order the payment of compensation: (1) to or on behalf of the injured person; (2) in the case of the personal injury of the victim, where the compensation is for pecuniary loss suffered or expenses incurred by any person responsible for the maintenance of the victim, to that person; (3) in the case of the death of the victim, to or for the benefit of the dependents or closest relative of the deceased victim, or any one or more of such dependents; (4) in the case of a payment for the benefit of a child or incompetent the payee shall file an accounting with the Commission no later than January 31 of each year for the previous calendar year; (5) in the case of the death of the victim, to any one or more persons who suffered pecuniary loss with relation to funeral expenses. Allows the Commission to order the payment of, and pay, compensation in accordance with the provisions of this Act for personal injury or death which resulted from offenses in the following categories: (1) assault with intent to kill, rob, rape; (2) assault with intent to commit mayhem; (3) assault with a dangerous weapon; (4) assault; (5) mayhem; (6) malicious disfiguring; (7) threats to do bodily harm; (8) lewd, indecent, or obscene acts; (9) indecent, or obscent acts with children; (10) arson; (11) kidnapping; (12) robbery; (13) murder; (14) manslaughter, voluntary; (15) attempted murder; (16) rape, (17) attempted rape; or (18) other crimes involving force to the person. Title IV: Recovery of Compensation - Provides that, whenever any person is convicted of an offense and an order for the payment of compensation is or has been made under this Act for a personal injury or death resulting from the act or omission constituting such offense, the Attorney General may institute an action against such person for the recovery of the whole or any specified part of such compensation in the district court of the United States for any judicial district in which such person resides or is found. Provides that such court shall have jurisdiction to hear, determine, and render judgment in any action. Delcares that, whenever it appears to the court in which any action is pending that other parties should be brought before the court in such action, the court may cause such other parties to be summoned from any judicial district of the United States. Declares that the Commission shall provide the Attorney General such information, data, and reports as the Attorney General may require to institute such actions. Title V: Violent Crimes Compensation Grants - Provides that, under the supervision and direction of the Commission, the Executive Secretary is authorized to make grants to States to pay the Federal share of the costs of State programs to compensate victims of violent crimes. Provides that a State is eligible for assistance under this title only if the Executive Secretary, after consultation with the Attorney General, determines, pursuant to objective criteria established by the Commission, that such State has enacted legislation of general applicabliity within such State: (1) establishing a State agency having the capacity to hear and determine claims brought by or on behalf of victims of violent crimes and order the payment of such claims; (2) providing for the payment of compensation for personal injuries or death resulting from offenses in the categories established; (3) providing for the payment of compensation for: (A) expenses actually and reasonably incurred as a result of the personal injury or death of the victim; (B) loss of earning power as a result of total or partial incapacity of such victim; (C) pecuniary loss to the dependents of the deceased victim; (D) pain and suffering of the victim; and (E) any other pecuniary loss resulting from the personal injury or death of the victim which the Commission determines to be reasonable, and which is based on a schedule substantially similar to that provided in title III of this Act; and (4) containing adequate provisions for the recovery of compensation substantially similar to those contained in title IV of this Act. Title VI: Miscellaneous - Provides that the Commission shall transmit to the President and to the Congress annually a report of its activities under this Act including the name of each applicant, a brief description of the facts in each case, and the amount, if any, of compensation awarded, and the number and amount of grants to States under title V.

Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Introduced in House" stage on January 3, 1973. It describes the bill, it is not the legal text.

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