Summary: H.R.7010 — 95th Congress (1977-1978)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Conference report filed in House (10/11/1978)

(Conference report filed in House, H. Rept. 95-1762)

Victims of Crime Act - Establishes an Advisory Committee on Victims of Crime to advise the Attorney General with respect to the administration of this Act and the compensation of victims of crime.

Victims of Crime Act - Directs the Attorney General to make grants to qualified State programs for the compensation of victims of crime. Specifies requirements for program certification, including that the program: (1) offer compensation for personal injuries suffered as a result of certain State and Federal crimes; (2) offer compensation to surviving dependents of persons whose deaths resulted from being victim to such a crime; (3) require cooperation with law enforcement agencies as a condition for recovery; (4) grant claimants the right to a hearing; (5) subrogate the State to any claim the victim or dependent has against the perpetrator to the extent of the amount compensated by the State; (6) may require the criminal by State law to make restitution to the victim; and (7) deny or reduce any claim where the victim or claimant contributed to the death or injury.

Prohibitis such program from: (1) requiring that any person be apprehended, prosecuted, or convicted of the qualifying crime that gave rise to the claim; and (2) requiring the claimant to seek or accept benefits in the nature of welfare unless such claimant was receiving such benefits prior to the crime giving rise to the claim.

Permits States with programs not in compliance with this Act to remain eligible for grants under this Act until the day after the close of the first regular State legislative session that begins after the effective date of this Act.

States that grants made under this Act shall total 25 percent of the allowable compensation paid to victims and dependent survivors of victims of State crimes designated by the State as appropriate for compensation under this program and 100 percent of the allowable compensation paid to victims and dependent survivors of victims of crimes which would constitute designated State crimes except for the fact that the crime is subject to exclusive Federal jurisdiction. Limits compensation with respect to any single claim to (1) loss resulting from medical and related treatment, physical and occupational therapy and rehabilitation, and past and anticipated future earnings up to $200 per week, (2) claimants, other than a claimant 62 years of age or older, whose award would be for an amount more than $100 or for loss of earnings or loss of support computed on the basis of more than five work days, and (3) a total of $35,000. Prohibits Federal funds from being used for: (1) State compensation awards for pain, suffering, or property loss; (2) claimants entitled to compensation from other programs; (3) claims filed more than one year after the crime; and (4) claims not timely reported to law enforcement authorities.

Directs the Attorney General to submit annual reports to the House and Senate Judiciary Committees with respect to each qualifying State program, and the activities of the Attorney General in carrying out this Act. Requires the Attorney General to report to Congress on the appropriateness of requiring State laws preventing criminal wrongdoers from enjoying profits made from publicity surrounding their wrongdoing.

Authorizes specified appropriations through fiscal year 1981.