The following words and phrases
as used in this chapter have the meanings set forth in this
section unless the context otherwise requires.
(1) "Accredited school" means a school or course of
instruction which is:
(a) Approved by the state superintendent of public
instruction, the state board of education, or the state board for
community and technical colleges; or
(b) Regulated or licensed as to course content by any agency
of the state or under any occupational licensing act of the
state, or recognized by the apprenticeship council under an
agreement registered with the apprenticeship council pursuant to
chapter 49.04 RCW.
(2) "Average monthly wage" means the average annual wage as
determined under RCW 50.04.355 as now or hereafter amended
divided by twelve.
(3) "Beneficiary" means a husband, wife, registered domestic
partner, or child of a victim in whom shall vest a right to
receive payment under this chapter, except that a husband or wife
of an injured victim, living separate and apart in a state of
abandonment, regardless of the party responsible therefor, for
more than one year at the time of the injury or subsequently,
shall not be a beneficiary. A spouse who has lived separate and
apart from the other spouse for the period of two years and who
has not, during that time, received or attempted by process of
law to collect funds for maintenance, shall be deemed living in a
state of abandonment.
(4) "Child" means every natural born child, posthumous
child, stepchild, child legally adopted prior to the injury,
child born after the injury where conception occurred prior to
the injury, and dependent child in the legal custody and control
of the victim, all while under the age of eighteen years, or
under the age of twenty-three years while permanently enrolled as
a full-time student in an accredited school, and over the age of
eighteen years if the child is a dependent as a result of a
physical, mental, or sensory handicap.
(5) "Criminal act" means an act committed or attempted in
this state which is: (a) Punishable as a federal offense that is
comparable to a felony or gross misdemeanor in this state; (b)
punishable as a felony or gross misdemeanor under the laws of
this state; (c) an act committed outside the state of Washington
against a resident of the state of Washington which would be
compensable had it occurred inside this state and the crime
occurred in a state which does not have a crime victims'
compensation program, for which the victim is eligible as set
forth in the Washington compensation law; or (d) trafficking as
defined in RCW 9A.40.100. A "criminal act" does not include the
following:
(i) The operation of a motor vehicle, motorcycle, train,
boat, or aircraft in violation of law unless:
(A) The injury or death was intentionally inflicted;
(B) The operation thereof was part of the commission of
another nonvehicular criminal act as defined in this section;
(C) The death or injury was the result of the operation of a
motor vehicle after July 24, 1983, and a preponderance of the
evidence establishes that the death was the result of vehicular
homicide under RCW 46.61.520, or a conviction of vehicular
assault under RCW 46.61.522, has been obtained. In cases where a
probable criminal defendant has died in perpetration of vehicular
assault or, in cases where the perpetrator of the vehicular
assault is unascertainable because he or she left the scene of
the accident in violation of RCW 46.52.020 or, because of
physical or mental infirmity or disability the perpetrator is
incapable of standing trial for vehicular assault, the department
may, by a preponderance of the evidence, establish that a
vehicular assault had been committed and authorize benefits;
(D) The injury or death was caused by a driver in violation
of RCW 46.61.502; or
(E) The injury or death was caused by a driver in violation
of RCW 46.61.655(7)(a), failure to secure a load in the first
degree;
(ii) Neither an acquittal in a criminal prosecution nor the
absence of any such prosecution is admissible in any claim or
proceeding under this chapter as evidence of the noncriminal
character of the acts giving rise to such claim or proceeding,
except as provided for in (d)(i)(C) of this subsection;
(iii) Evidence of a criminal conviction arising from acts
which are the basis for a claim or proceeding under this chapter
is admissible in such claim or proceeding for the limited purpose
of proving the criminal character of the acts; and
(iv) Acts which, but for the insanity or mental
irresponsibility of the perpetrator, would constitute criminal
conduct are deemed to be criminal conduct within the meaning of
this chapter.
(6) "Department" means the department of labor and
industries.
(7) "Financial support for lost wages" means a partial
replacement of lost wages due to a temporary or permanent total
disability.
(8) "Gainfully employed" means engaging on a regular and
continuous basis in a lawful activity from which a person derives
a livelihood.
(9) "Injury" means a sudden and tangible happening, of a
traumatic nature, producing an immediate or prompt result, and
occurring from without, and such physical conditions as result
therefrom.
(10) "Invalid" means one who is physically or mentally
incapacitated from earning wages.
(11) "Permanent total disability" means loss of both legs,
or arms, or one leg and one arm, total loss of eyesight,
paralysis, or other condition permanently incapacitating the
victim from performing any work at any gainful occupation.
(12) "Private insurance" means any source of recompense
provided by contract available as a result of the claimed injury
or death at the time of such injury or death, or which becomes
available any time thereafter.
(13) "Public insurance" means any source of recompense
provided by statute, state or federal, available as a result of
the claimed injury or death at the time of such injury or death,
or which becomes available any time thereafter.
(14) "Temporary total disability" means any condition that
temporarily incapacitates a victim from performing any type of
gainful employment as certified by the victim's attending
physician.
(15) "Victim" means a person who suffers bodily injury or
death as a proximate result of a criminal act of another person,
the victim's own good faith and reasonable effort to prevent a
criminal act, or his or her good faith effort to apprehend a
person reasonably suspected of engaging in a criminal act. For
the purposes of receiving benefits pursuant to this chapter,
"victim" is interchangeable with "employee" or "worker" as
defined in chapter 51.08 RCW as now or hereafter amended.
[2011 c 346 § 101; 2006 c 268 § 1; 2002 c 10 § 3; 2001 c 136 § 1; 1997 c 249 § 1; 1990 c 73 § 1; 1987 c 281 § 6; 1985 c 443 § 11; 1983 c 239 § 4; 1980 c 156 § 2; 1977 ex.s. c 302 § 2; 1975 1st ex.s. c 176 § 1; 1973 1st ex.s. c 122 § 2.]
NOTES:
Intent -- 2011 c 346: "It is the intent of the legislature that eligible victims of crime who suffer bodily injury or death as a result of violent crime receive benefits under the crime victims' compensation program. To ensure benefits are provided, within funds available, to the largest number of eligible victims, it is imperative to streamline and provide flexibility in the administration of the program. Therefore, the legislature intends to simplify the administration of the benefits and services provided to victims of crime by separating the administration of the benefits and services provided to crime victims from the workers' compensation program under Title 51 RCW. These changes are intended to clarify that the limited funding available to help victims of crimes will be managed to help the largest number of crime victims as possible." [2011 c 346 § 1.]
Retroactive application -- 2011 c 346: "This act applies retroactively for claims of victims of criminal acts that occurred on or after July 1, 1981, in which a closing order has not been issued or become final and binding as of July 1, 2011, except that victims receiving time loss or loss of support on or before July 1, 2011, may continue to receive time loss at the rate established prior to July 1, 2011. Aggravation applications filed by crime victims who had claims prior to July 1, 2011, will be adjudicated under the laws in effect on or after July 1, 2011. This act does not affect the retroactive application of chapter 122, Laws of 2010." [2011 c 346 § 802.]
Effective date -- 2011 c 346: "Except for *sections 402 and 503 of this act, this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2011." [2011 c 346 § 806.]
*Reviser's note: Sections 402 and 503 of this act were vetoed by the governor.
Findings -- Purpose -- 2002 c 10: "(1) The legislature finds
that:
(a) The trafficking in persons is a modern form of slavery,
and it is the largest manifestation of slavery today;
(b) At least seven hundred thousand persons annually,
primarily women and children, are trafficked within or across
international borders;
(c) Approximately fifty thousand women and children are
trafficked into the United States each year;
(d) Trafficking in persons is not limited to the sex
industry, and includes forced labor with significant violations
of labor, public health, and human rights standards worldwide;
(e) Traffickers primarily target women and girls, who are
disproportionately affected by poverty, the lack of access to
education, chronic unemployment, discrimination, and the lack of
economic opportunities in countries of origin; and
(f) There are not adequate services and facilities to meet
the needs of trafficking victims regarding health care, housing,
education, and legal assistance, which safely reintegrate
trafficking victims into their home countries.
(2) The legislature declares that the purpose of this act is
to provide a coordinated, humane response for victims of human
trafficking through a review of existing programs and
clarification of existing options for such victims." [2002 c 10
§ 1.]
Application -- 1997 c 249: "This act is remedial in nature and applies to criminal acts that occur on April 1, 1997, and thereafter." [1997 c 249 § 2.]
Effective date -- 1997 c 249: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 2, 1997]." [1997 c 249 § 3.]
Effective date -- 1990 c 73: "This act shall take effect October 1, 1990." [1990 c 73 § 2.]
Application -- 1987 c 281 § 6: "The 1987 amendments to RCW 7.68.020 by section 5 [6] of this act apply only to vehicular assault under RCW 46.61.522 or vehicular homicide under RCW 46.61.520 that occurs after June 30, 1987." [1987 c 281 § 7.]
Effective date -- 1987 c 281: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect June 30, 1987." [1987 c 281 § 9.]
Severability -- Effective date -- 1985 c 443: See notes following RCW 7.69.010.
Legislative intent -- "Public or private insurance" -- 1980 c 156: "Sections 2 through 4 of this 1980 act are required to clarify the legislative intent concerning the phrase "public or private insurance" as used in section 13, chapter 122, Laws of 1973 1st ex. sess. and RCW 7.68.130 which was the subject of Wagner v. Labor & Indus., 92 Wn.2d 463 (1979). It has continuously been the legislative intent to include as "public insurance" both state and federal statutory social welfare and insurance schemes which make available to victims or their beneficiaries recompense as a result of the claimed injury or death, such as but not limited to old age and survivors insurance, medicare, medicaid, benefits under the veterans' benefits act, longshore and harbor workers act, industrial insurance act, law enforcement officers' and firefighters' retirement system act, Washington public employees' retirement system act, teachers' retirement system act, and firemen's relief and pension act. "Private insurance" continuously has been intended to include sources of recompense available by contract, such as but not limited to policies insuring a victim's life or disability." [1980 c 156 § 1.]