2003-2004 Bill 180: Crime Victims Services Department and Commission created

South Carolina General Assembly
115th Session, 2003-2004

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~~Indicates Matter Stricken~~
Indicates New Matter

S. 180

STATUS INFORMATION

General Bill
Sponsors: Senators McConnell, Hayes and Ford
Document Path: l:\s-jud\bills\mcconnell\jud0010.gfm.doc

Introduced in the Senate on January 14, 2003
Currently residing in the Senate

Summary: Crime Victims Services Department and Commission created

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   1/14/2003  Senate  Introduced and read first time SJ-96
   1/14/2003  Senate  Referred to Committee on Judiciary SJ-96
    4/6/2004  Senate  Committee report: Majority favorable with amend., 
                        minority unfavorable Judiciary SJ-8

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

1/14/2003
4/6/2004

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

~~Indicates Matter Stricken~~

Indicates New Matter

COMMITTEE REPORT

April 6, 2004

S. 180

Introduced by Senators McConnell, Hayes and Ford

S. Printed 4/6/04--S.

Read the first time January 14, 2003.

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S. 180) to amend the Code of Laws of South Carolina, 1976, by adding Section 1-30-125 so as to designate the Department of Crime Victim Services as a department, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

/ SECTION 1. This act may be referred to as the "South Carolina Department of Crime Victim Services Act".

SECTION 2. Section 1-30-10(A) of the 1976 Code is amended by adding:

"20. Department of Crime Victim Services"

SECTION 3. Section 1-30-110 of the 1976 Code is amended to read:

"Section 1-30-110. Effective July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property, and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the ~~office~~ Office of the Governor:

(1) Continuum of Care for Emotionally Disturbed Children provided for at Section 20-7-5610, et seq.;

(2) Guardian Ad ad Litem Program, formerly provided for at Section 20-7-121, et seq.;

(3) ~~State Office of Victim's Assistance, formerly provided for at Section 16-3-1110, et seq.;~~

~~(4)~~ Department of Veterans Affairs, formerly provided for at Section 25-11-10, et seq.;

~~(5)~~(4) Commission on Women, formerly provided for at Section 1-15-10, et seq.;

~~(6)~~(5) Commission on Aging, formerly provided for at Section 43-21-10, et seq.;

~~(7)~~(6) Foster Care Review Board, formerly provided for at Section 20-7-2376, et seq.;"

SECTION 4. Chapter 30, Title 1 of the 1976 Code is amended by adding:

"Section 1-30-125. Effective July 1, 2004, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property, and all contractual rights and obligations associated with any such agency, are transferred to and incorporated in and shall be administered as part of the Department of Crime Victim Services:

(A) State Office of Victims' Assistance, provided for in Section 16-3-1410;

(B) South Carolina Advisory Board for Victim Assistance, provided for in Section 16-3-1160; and

(C) That portion of the Office of Safety and Grants Division of the Department of Public Safety that administers the Victims of Crime Act grants, the Violence Against Women Act grants, and the State Victim's Assistance Program grants."

SECTION 5. Section 14-1-204 of the 1976 Code, as last amended by Act 329 of 2002, is further amended to read:

"Section 14-1-204. The one-hundred dollar filing fee for documents and actions described in Section 8-21-310(11)(a) must be remitted to the county in which the proceeding is instituted, and fifty-six percent of these filing fee revenues must be delivered to the county treasurer to be remitted monthly by the fifteenth day of each month to the State Treasurer. When a payment is made to the county in installments, the state's portion must be remitted to the State Treasurer by the county treasurer on a monthly basis.

The fifty-six percent of the one-hundred-dollar fee prescribed in Section 8-21-310(11)(a) remitted to the State Treasurer must be deposited as follows:

(1) 31.52 percent to the state general fund;

(2) 7.23 percent to the Department of Mental Health to be used exclusively for the treatment and rehabilitation of drug addicts within the department's addiction center facilities;

(3) 4.47 percent to the ~~State Office of Victim Assistance under the South Carolina Victim's Compensation Fund~~ Department of Crime Victims Services; ~~and~~

(4) 26.78 percent to the Defense of Indigents Per Capita Fund, administered by the Commission on Indigent Defense, which shall then distribute these funds on December thirty-first and on June thirtieth of each year to South Carolina organizations that are grantees of the Legal Services Corporation, in amounts proportionate to each recipient's share of the state's poverty population; and

(5) 30.00 percent to the South Carolina Judicial Department."

SECTION 6. Section 14-1-205 of the 1976 Code is amended to read:

"Section 14-1-205. Except as provided in Sections 17-15-260, 34-11-90, 50-1-150, 50-1-170, and 56-5-4160, on January 1, 1995, fifty-six percent of all costs, fees, fines, penalties, forfeitures, and other revenues generated by the circuit courts and the family courts, except the ~~seventy~~ one-hundred dollar filing fee prescribed in Section 8-21-310(11)(a) must be remitted to the county in which the proceeding is instituted and forty-four percent of the revenues must be delivered to the county treasurer to be remitted monthly by the fifteenth day of each month to the State Treasurer on forms and in a manner prescribed by him. When a payment is made to the county in installments, the state's portion must be remitted to the State Treasurer by the County Treasurer on a monthly basis. The forty-four percent remitted to the State Treasurer must be deposited as follows:

(1) 72.93 percent to the general fund;

(2) 16.73 percent to the Department of Mental Health to be used exclusively for the treatment and rehabilitation of drug addicts within the department's addiction center facilities;

(3) 10.34 percent to the ~~State Office of Victim Assistance under the South Carolina Victim's Compensation Fund~~ Department of Crime Victim Services.

In ~~any~~ circuit, summary, or family court, when sentencing a person convicted of an offense which has proximately caused physical injury or death to the victim, the court may order the defendant to pay a restitution charge commensurate with the offense committed, not to exceed ten thousand dollars, to the ~~Victim's~~ Victims' Compensation Fund."

SECTION 7. Section 14-1-206 of the 1976 Code, as last amended by Act 107 of 2001, is further amended to read:

"Section 14-1-206. (A) Beginning January 1, 1995, and continuously after that date, a person who is convicted of, pleads guilty or nolo contendere to, or forfeits bond for an offense tried in general sessions court must pay an amount equal to one hundred percent of the fine imposed as an assessment. This assessment must be paid to the clerk of court in the county in which the criminal judgment is rendered for remittance to the State Treasurer by the county treasurer. The assessment is based upon that portion of the fine that is not suspended and assessments must not be waived, reduced, or suspended.

(B) The county treasurer must remit thirty-eight percent of the revenue generated by the assessment imposed in subsection (A) to the county to be used for the purposes set forth in subsection (D) and remit the balance of the assessment revenue to the State Treasurer on a monthly basis by the fifteenth day of each month and make reports on a form and in a manner prescribed by the State Treasurer. Assessments paid in installments must be remitted as received.

(1) 47.17 percent for programs established pursuant to Chapter 21 of Title 24 and the Shock Incarceration Program as provided in Article 13, Chapter 13 of Title 24;

(2) 16.52 percent to the Department of Public Safety program of training in the fields of law enforcement and criminal justice;

(3) .5 percent to the Department of Public Safety to defray the cost of erecting and maintaining the South Carolina Law Enforcement Officers Hall of Fame. When funds collected pursuant to this item exceed the necessary costs and expenses of the South Carolina Law Enforcement Officers Hall of Fame operation and maintenance as determined by the Department of Public Safety, the department may retain the surplus funds for use in its law enforcement training programs;

(4) 16.21 percent to the Office of Indigent Defense for the defense of indigents;

(5) 13.26 percent ~~for~~ to the ~~State Office of Victim Assistance~~ Department of Crime Victim Services;

(6) 5.34 percent to the general fund;

(7) 1.0 percent to the Attorney General's Office for a fund to provide support for counties involved in complex criminal litigation. For the purposes of this item, 'complex criminal litigation' means criminal cases in which the State is seeking the death penalty and has served notice as required by law upon the defendant's counsel, and the county involved has expended more than two hundred fifty thousand dollars for a particular case in direct support of operating the court of general sessions and for prosecution related expenses. The Attorney General shall develop guidelines for determining what expenses are reimbursable from the fund and shall approve all disbursements from the fund. Funds must be paid to a county for all expenditures authorized for reimbursement under this item except for the first one hundred thousand dollars the county expended in satisfying the requirements for reimbursement from the fund; however, money disbursed from this fund must be disbursed on a 'first received, first paid' basis. When revenue in the fund reaches five hundred thousand dollars, all revenue in excess of five hundred thousand dollars must be credited to the general fund of the State. Unexpended revenue in the fund at the end of the fiscal year carries over and may be expended in the next fiscal year.

(D) The revenue retained by the county under subsection (B) must be used for the provision of services for the victims of crime including those required by law. These funds must be appropriated for the exclusive purpose of providing victim services as required by Article 15 of Title 16; specifically, those service requirements that are imposed on local law enforcement, local detention facilities, prosecutors, and the summary courts. First priority must be given to those victims' assistance programs which are required by Article 15 of Title 16 and second priority must be given to programs which expand victims' services beyond those required by Article 15 of Title 16. All unused funds must be carried forward from year to year and used exclusively for the provision of services for victims of crime. All unused funds must be separately identified in the governmental entity's adopted budget as funds unused and carried forward from previous years. Revenue retained and expended by the counties must be reported to the Department of Crime Victim Services for its review and in a manner prescribed by the department thirty days following the adoption of the county's budget. Any amendments to that budget also must be reported for review.

(E) To ensure that fines and assessments imposed pursuant to this section and Section 14-1-209(A) are properly collected and remitted to the State Treasurer, the annual independent external audit required to be performed for each county pursuant to Section 4-9-150 must include a review of the accounting controls over the collection, reporting, and distribution of fines and assessments from the point of collection to the point of distribution and a supplementary schedule detailing all fines and assessments collected by the clerk of court for the court of general sessions, the amount remitted to the county treasurer, and the amount remitted to the State Treasurer.

(1) To the extent that records are made available in the format determined pursuant to subsection (E)(4), the supplementary schedule must include the following elements:

(a) all fines collected by the clerk of court for the court of general sessions;

(b) all assessments collected by the clerk of court for the court of general sessions;

(d) the amount of assessments retained by the county treasurer;

(e) the amount of fines and assessments remitted to the State Treasurer pursuant to this section; and

(f) the total funds, by source, allocated to victim services activities, how those funds were expended, and any balances carried forward.

(2) The supplementary schedule must be included in the external auditor's report by an "in relation to" paragraph as required by generally accepted auditing standards when information accompanies the basic financial statements in auditor submitted documents.

(3) Within thirty days of issuance of the audited financial statement, the county must submit to the State Treasurer and the Department of Crime Victim Services a copy of the audited financial statement and a statement of the actual ~~cost~~ costs associated with the preparation of the supplemental schedule required in this subsection. Upon submission to the State Treasurer, the county may retain and pay from the fines and assessments collected pursuant to this section the actual expense charged by the external auditor for the preparation of the supplemental schedule required in this subsection, not to exceed one thousand dollars each year.

(4) The clerk of court and county treasurer shall keep records of fines and assessments required to be reviewed pursuant to this subsection in the format determined by the county council and make those records available for review."

SECTION 8. Section 14-1-207 of the 1976 Code, as last amended by Act 107 of 2001, is further amended to read:

"Section 14-1-207. (A) Beginning January 1, 1995, and continuously after that date, a person who is convicted of, pleads guilty or nolo contendere to, or forfeits bond for an offense tried in ~~magistrate's~~ magistrates court must pay an amount equal to ~~100~~ one hundred percent of the fine imposed as an assessment. This assessment must be paid to the magistrate and deposited as required by Section 22-1-70 in the county in which the criminal judgment is rendered for remittance to the State Treasurer by the county treasurer. The assessment is based upon that portion of the fine that is not suspended and assessments must not be waived, reduced, or suspended.

(B) The county treasurer must remit 12 twelve percent of the revenue generated by the assessment imposed in subsection (A) to the county to be used for the purposes set forth in subsection (D) and remit the balance of the assessment revenue to the State Treasurer on a monthly basis by the fifteenth day of each month and make reports on a form and in a manner prescribed by the State Treasurer. Assessments paid in installments must be remitted as received.

(1) 35.12 percent for programs established pursuant to Chapter 21 of Title 24 and the Shock Incarceration Program as provided in Article 13, Chapter 13 of Title 24;

(2) 22.49 percent to the Department of Public Safety program of training in the fields of law enforcement and criminal justice;

(3) .65 percent to the Department of Public Safety to defray the cost of erecting and maintaining the South Carolina Law Enforcement Officers Hall of Fame. When funds collected pursuant to this item exceed the necessary costs and expenses of the South Carolina Law Enforcement Officers Hall of Fame operation and maintenance as determined by the Department of Public Safety, the department may retain the surplus funds for use in its law enforcement training programs;

(4) 20.42 percent ~~for~~ to the ~~State Office of Victim Assistance~~ Department of Crime Victims Services;

(5) 8.94 percent to the general fund;

(6) 11.38 percent to the Office of Indigent Defense for the defense of indigents;

(7) 1.0 percent to the Attorney General's Office for a fund to provide support for counties involved in complex criminal litigation. For the purposes of this item, 'complex criminal litigation' means criminal cases in which the State is seeking the death penalty and has served notice as required by law upon the defendant's counsel and the county involved has expended more than two hundred fifty thousand dollars for a particular case in direct support of operating the court of general sessions and for prosecution-related expenses. The Attorney General shall develop guidelines for determining what expenses are reimbursable from the fund and shall approve all disbursements from the fund. Funds must be paid to a county for all expenditures authorized for reimbursement under this item except for the first one hundred thousand dollars the county expended in satisfying the requirements for reimbursement from the fund; however, money disbursed from this fund must be disbursed on a 'first received, first paid' basis. When revenue in the fund reaches five hundred thousand dollars, all revenue in excess of five hundred thousand dollars must be credited to the general fund of the State. Unexpended revenue in the fund at the end of the fiscal year carries over and may be expended in the next fiscal year.

(E) To ensure that fines and assessments imposed pursuant to this section and Section 14-1-209(A) are properly collected and remitted to the State Treasurer, the annual independent external audit required to be performed for each county pursuant to Section 4-9-150 must include a review of the accounting controls over the collection, reporting, and distribution of fines and assessments from the point of collection to the point of distribution and a supplementary schedule detailing all fines and assessments collected by the ~~magistrate's~~ magistrates court of that county, the amount remitted to the county treasurer, and the amount remitted to the State Treasurer.

(1) To the extent that records are made available in the format determined pursuant to subsection (E)(4), the supplementary schedule must include the following elements:

(a) all fines collected by the ~~magistrate's~~ magistrates court;

(b) all assessments collected by the ~~magistrate's~~ magistrates court;

(d) the amount of assessments retained by the county treasurer;

(e) the amount of fines and assessments remitted to the State Treasurer pursuant to this section; and

(f) the total funds, by source, allocated to victim services activities, how those funds were expended, and any balances carried forward.

(2) The supplementary schedule must be included in the external auditor's report by an 'in relation to' paragraph as required by generally accepted auditing standards when information accompanies the basic financial statements in auditor submitted documents.

(3) Within thirty days of issuance of the audited financial statement, the county must submit to the State Treasurer and the Department of Crime Victim Services a copy of the audited financial statement and a statement of the actual ~~cost~~ costs associated with the preparation of the supplemental schedule required in this section. Upon submission to the State Treasurer, the county may retain and pay from the fines and assessments collected pursuant to this section the actual expense charged by the external auditor for the preparation of the supplemental schedule required in this subsection, not to exceed one thousand dollars each year.

SECTION 9. Section 14-1-208 of the 1976 Code, as last amended by Act 107 of 2001, is further amended to read:

"Section 14-1-208. (A) Beginning October 1, 2000, and continuously after that date, a person who is convicted of, or pleads guilty or nolo contendere to, or forfeits bond for an offense tried in municipal court must pay an amount equal to ~~100~~ one hundred percent of the fine imposed as an assessment. This assessment must be paid to the municipal clerk of court and deposited with the city treasurer for remittance to the State Treasurer. The assessment is based upon that portion of the fine that is not suspended, and assessments must not be waived, reduced, or suspended.

(B) The city treasurer must remit 12 twelve percent of the revenue generated by the assessment imposed in subsection (A) to the municipality to be used for the purposes set forth in subsection (D) and remit the balance of the assessment revenue to the State Treasurer on a monthly basis by the fifteenth day of each month and make reports on a form and in a manner prescribed by the State Treasurer. Assessments paid in installments must be remitted as received.

(1) 15.24 percent for programs established pursuant to Chapter 21 of Title 24 and the Shock Incarceration Program as provided in Article 13, Chapter 13 of Title 24;

(2) 15.07 percent to the Department of Public Safety program of training in the fields of law enforcement and criminal justice;

(3) .39 percent to the Department of Public Safety to defray the cost of erecting and maintaining the South Carolina Law Enforcement Officers Hall of Fame. When funds collected pursuant to this item exceed the necessary costs and expenses of the South Carolina Law Enforcement Officers Hall of Fame operation and maintenance as determined by the Department of Public Safety, the department may retain the surplus funds for use in its law enforcement training programs;

(4) 11.26 percent ~~for~~ to the ~~State Office of Victim Assistance~~ Department of Crime Victim Services;

(5) 4.11 percent to the general fund;

(6) 11.46 percent to the Office of Indigent Defense for the defense of indigents;

(7) .97 percent to the Department of Mental Health to be used exclusively for the treatment and rehabilitation of drug addicts within the department's addiction center facilities;

(8) .59 percent to the Attorney General's Office for a fund to provide support for counties involved in complex criminal litigation. For the purposes of this item, 'complex criminal litigation' means criminal cases in which the State is seeking the death penalty and has served notice as required by law upon the defendant's counsel and the county involved has expended more than one hundred thousand dollars for a particular case in direct support of operating the court of general sessions and for prosecution-related expenses. The Attorney General shall develop guidelines for determining what expenses are reimbursable from the fund and shall approve all disbursements from the fund. Funds must be paid to a county for all expenditures authorized for reimbursement under this item except for the first one hundred thousand dollars the county expended in satisfying the requirements for reimbursement from the fund; however, money disbursed from this fund must be disbursed on a 'first received, first paid' basis. When revenue in the fund reaches five hundred thousand dollars, all revenue in excess of five hundred thousand dollars must be credited to the general fund of the State. Unexpended revenue in the fund at the end of the fiscal year carries over and may be expended in the next fiscal year;

(9) 11.36 percent for the programs established pursuant to Section 56-5-2953(E);

(10) 14.77 percent to the Governor's Task Force on Litter and in the expenditure of these funds, the provisions of Chapter 35 of Title 11 do not apply;

(11) 14.77 percent to the Department of Juvenile Justice. The Department of Juvenile Justice must apply the funds generated by this item to offset the nonstate share of allowable costs of operating juvenile detention centers so that per diem costs charged to local governments utilizing the juvenile detention centers do not exceed twenty-five dollars a per day. Notwithstanding this provision of law, the director of the department may waive, reduce, defer, or reimburse the charges paid by local governments for juvenile detention placements. The department may apply the remainder of the funds generated by this item, if any, to operational or capital expenses associated with regional evaluation centers.

(D) The revenue retained by the municipality under subsection (B) must be used for the provision of services for the victims of crime including those required by law. These funds must be appropriated for the exclusive purpose of providing victim services as required by Article 15 of Title 16; specifically, those service requirements that are imposed on local law enforcement, local detention facilities, prosecutors, and the summary courts. First priority must be given to those victims' assistance programs which are required by Article 15 of Title 16 and second priority must be given to programs which expand victims' services beyond those required by Article 15 of Title 16. All unused funds must be carried forward from year to year and used exclusively for the provision of services for victims of crime. All unused funds must be separately identified in the governmental entity's adopted budget as funds unused and carried forward from previous years. Revenue retained and expended by the municipalities must be reported to the Department of Crime Victim Services for its review and in a manner prescribed by the department thirty days following the adoption of the municipality's budget. Any amendments to that budget also must be reported for review.

(E) To ensure that fines and assessments imposed pursuant to this section and Section 14-1-209(A) are properly collected and remitted to the State Treasurer, the annual independent external audit required to be performed for each municipality pursuant to Section 5-7-240 must include a review of the accounting controls over the collection, reporting, and distribution of fines and assessments from the point of collection to the point of distribution and a supplementary schedule detailing all fines and assessments collected at the court level, the amount remitted to the municipal treasurer, and the amount remitted to the State Treasurer.

(1) To the extent that records are made available in the format determined pursuant to subsection (E)(4), the supplementary schedule must include the following elements:

(a) all fines collected by the clerk of court for the municipal court;

(b) all assessments collected by the clerk of court for the municipal court;

(d) the amount of assessments retained by the municipal treasurer;

(e) the amount of fines and assessments remitted to the State Treasurer pursuant to this section; and

(f) the total funds, by source, allocated to victim services activities, how those funds were expended, and any balances carried forward.

(3) Within thirty days of issuance of the audited financial statement, the municipality must submit to the State Treasurer and the Department of Crime Victim Services a copy of the audited financial statement and a statement of the actual ~~cost~~ costs associated with the preparation of the supplemental schedule required in this section. Upon submission to the State Treasurer, the municipality may retain and pay from the fines and assessments collected pursuant to this section the actual expense charged by the external auditor for the preparation of the supplemental schedule required in this subsection, not to exceed one thousand dollars each year.

(4) The clerk of court and municipal treasurer shall keep records of fines and assessments required to be reviewed pursuant to this subsection in the format determined by the municipal governing body and make those records available for review."

SECTION 10. Sections 14-1-211(B) and (C) of the 1976 Code, as last amended by Act 390 of 2000, are further amended to read:

"(B) The revenue collected pursuant to subsection (A)(1) must be retained by the jurisdiction which heard or processed the case and paid to the city or county treasurer, for the purpose of providing services for the victims of crime, including those required by law. Any funds retained by the county or city treasurer pursuant to subsection (A)(1) must be deposited into a separate account for the exclusive use for all activities related to the requirements contained in this provision. For the purpose of funds allocation and expenditure, these funds are a part of the general funds of the city or county. These funds must be appropriated for the exclusive purpose of providing victim services as required by Chapter 3, Article 15 of Title 16; specifically, those service requirements that are imposed on local law enforcement, local detention facilities, prosecutors, and the summary courts. First priority must be given to those victims' assistance programs which are required by Chapter 3, Article 15 of Title 16 and second priority must be given to programs which expand victims' services beyond those required by Chapter 3, Article 15 of Title 16. These funds must be used for, but are not limited to, salaries, equipment that includes computer equipment and ~~internet~~ Internet access, or other expenditures necessary for providing services to crime victims. All unused funds must be carried forward from year to year and used exclusively for the provision of services to the victims of crime. All unused funds must be separately identified in the governmental entity's adopted budget as funds unused and carried forward from previous years. The revenue collected pursuant to subsection (A)(2) must be paid over to the State Treasurer monthly and placed in a separate account to be used for spinal cord research by the Medical University of South Carolina.

All one-time operating and administrative costs for municipal and county governments related to computer upgrades or programming related to these surcharges shall be deducted from the revenue collected pursuant to subsection (A)(2) by municipal and county governments before remission of these funds to the State Treasurer. All operating, personnel, and administrative costs and expenses of the Spinal Cord Injury Research Board and its programs as established in Article 5, Chapter 38 of Title 44, must be paid for through revenue collected pursuant to subsection (A)(2) and deposited in this separate account. A report detailing the use of these funds must be furnished to the General Assembly on an annual basis.

(C) The surcharged revenue retained by the general sessions court, ~~magistrate's~~ magistrates courts, or municipal courts in this State pursuant to subsection (B) must be reported by the city or county treasurer to the State Treasurer and the Department of Crime Victim Services monthly. All unused funds must be carried forward from year to year and used exclusively for the provision of services to the victims of crime. All unused funds must be separately identified in the governmental entity's adopted budget as funds unused and carried forward from previous years. Revenue retained and expended by the counties and municipalities must be reported to the Department of Crime Victim Services for its review and in a manner prescribed by the department thirty days following the adoption of the county's or municipality's budget. Any amendments to those budgets also must be reported for review."

SECTION 11. Chapter 3 of Title 16 of the 1976 Code is amended by adding:

"Article 12

South Carolina Department of Crime Victim Services

Section 16-3-1100. (A) There is created the South Carolina Department of Crime Victim Services, referred to in this chapter as the department. The department must be headed by a director who shall be appointed by the Governor upon the advice and consent of the Senate. The director must possess sound moral character, superior knowledge of and experience in the field of crime victim services, and proven administrative ability. The director is subject to removal by the Governor pursuant to the provisions of Section 1-3-240(B). The director is vested with the duty and authority to oversee, manage, and control the operation, administration, and organization of the department. The director is authorized to hire deputy directors to head the divisions of the department who shall serve at his pleasure.

(B) The department is initially composed of the following divisions:

(1) Division of Victim Compensation, which is responsible for administering the Victims' Compensation Fund as provided in Section 16-3-1290;

(2) Division of Victim Service Programs and Training, which is responsible for developing and implementing statewide protocols of victim services, for coordinating the training of all victim service providers, and for the development of standards and certification protocols for victim service providers;

(3) Division of Information Technology Services, which is responsible for developing and implementing the statewide computer network utilized to keep victims and victim service providers fully informed, receiving electronic transfer and data from local entities, and maintaining an internal computer network;

(4) Division of Operations and Administration, which is responsible for the management of the department. This division shall also review the revenues collected pursuant to provisions on crime victim services, the Victims' Compensation Fund pursuant to Sections 14-1-204, 14-1-205, 14-1-206, 14-1-207, 14-1-208, and any other revenues received by the department.

(5) Division of Victim Service Grants, which is responsible for:

(a) disseminating application information concerning grants to victim service providers;

(b) receiving and reviewing grant applications from victim service providers;

(d) notifying the recipients of grants; and

(e) monitoring the compliance of victim service providers.

(1) South Carolina Advisory Board for Victim Compensation as provided for in Section 16-3-1160;

(2) Victim Services Oversight Commission as provided for in Section 16-3-1104;

(3) South Carolina Victim Assistance Network as provided for in Section 16-3-1410(C);

(4) advisory committees as are required by federal law or regulation regarding the programs which the department administers. These advisory committees, the South Carolina Advisory Board for Victim Compensation, and the Victim Services Oversight Commission, shall receive travel and per diem as provided by law.

(D) The department has the authority to promulgate regulations to carry out the provisions of Sections 16-3-1100 and 16-3-1102 and Articles 14 and 15 of Chapter 3, Title 16. Regulations in effect on July 1, 1993, pertaining to this article, remain in full force and effect unless otherwise amended as provided by law. Proposed regulations regarding victim compensation must be approved by the Advisory Board for Victim Compensation before the department submits them to the General Assembly for approval. Proposed regulations regarding victim services must be approved by the Victim Services Oversight Commission before the department submits them to the General Assembly for approval.

Section 16-3-1102. The department has the following duties and responsibilities in the area of victim compensation:

(1) develop and administer a plan for informing the public of the availability of the benefits provided for victims under this article and procedures for filing claims for the benefits, with approval of the Advisory Board for Victim Compensation;

(2) request from the Attorney General, the State Law Enforcement Division, solicitors, magistrates, judges, county and municipal police departments, and any other agency or department, information and data to assist the director in determining whether, and the extent to which, a claimant qualifies for compensation awards. A person, agency, or department provided above is authorized to provide the director with the information, including juvenile records, upon receipt of a request from the director.

(3) reinvestigate or reopen previously decided award cases as the department considers necessary;

(4) require the submission of medical records needed by the board, a panel of the board, or director, or his staff to aid in determining eligibility and compensation for the claim;

(5) request a medical examination of the victim, when necessary;

(6) take or cause to be taken affidavits or depositions within or outside the State. This power may be delegated to the director, deputy director, or the advisory compensation board or its panel;

(7) submit each year to the Governor and to the General Assembly a written report of the claims filed with and claims awarded from the Victims' Compensation Fund pursuant to this article;

(8) reject incomplete claims for awards or assistance;

(9) render awards to victims of crime or other persons entitled to receive awards in the manner authorized by this article;

(10) apply for funds from and to submit all necessary forms to any federal agency participating in a cooperative program to compensate victims of crime; and

(11) delegate powers of the director to the board or a panel of the board on appellate matters.

Section 16-3-1104. (A) There is established within the Department of Crime Victim Services the Victim Services Oversight Commission. The commission shall consist of the following members or their designees:

(1) Director, South Carolina Department of Crime Victim Services;

(2) Director of Victim Services, Office of the Attorney General;

(3) Director of the South Carolina Commission on Prosecution Coordination;

(4) Director of Victim Services, Department of Corrections;

(5) Director of Victim Services, Department of Probation, Parole and Pardon Services;

(6) Director of Victim Services, Department of Juvenile Justice;

(7) Director of the South Carolina Sheriffs' Association;

(8) President of the South Carolina Summary Court Association;

(9) President of the South Carolina Association of Chiefs of Police;

(10) President of the Law Enforcement Victim Advocates (LEVA);

(11) Executive Director of the South Carolina Coalition Against Domestic Violence and Sexual Assault;

(12) President of the South Carolina Victim Assistance Network;

(13) Director of the South Carolina Court Administration;

(14) President of the South Carolina Jailers' Association;

(15) Executive Director of the South Carolina Association of Counties;

(16) Executive Director of the South Carolina Municipal Association;

(17) Director of Victims' Services for the Juvenile Parole Board;

(18) Chairman of the South Carolina Victim's Advocate Forum; and

(19) Two citizens who have been victims of crime, to be appointed by the Governor, to serve co-terminus with Governor.

(B) A vacancy on the commission must be filled within ninety days in the same manner as the initial appointment.

(C) The Director of the Department of Crime Victim Services shall serve as chairman. Actions of the commission require a majority vote of those members present. A majority of the membership present constitutes a quorum. The commission must meet at least six times each year and is subject to the call of the chairman. Membership on the commission does not constitute an office for purposes of the South Carolina Constitution's prohibitions against dual office holding.

(D) In addition to the duties provided in Section 16-3-1104, the commission must assist and advise the department in:

(1) the consideration of improvements in and monitoring the effectiveness of statewide:

(a) victim service programs;

(b) standards and accountability in victim services; and

(2) monitoring the distribution and use of the revenues collected pursuant to provisions of crime victim services; the Victims' Compensation Fund contained in Sections 14-1-204, 14-1-205, 14-1-206, 14-1-207, 14-1-208, and 14-1-211, or any other provision of law;

(3) developing guidelines for compliance with the distribution and use of revenues and services; and

(4) developing regulations, forms, and reporting mechanisms pertaining to the Department of Crime Victim Services.

(E) The members of the commission shall receive the same subsistence, mileage, and per diem as is provided by law for members of state boards, committees, and commissions to be paid from the Victims' Compensation Fund.

Section 16-3-1106. Pursuant to the South Carolina Administrative Procedures Act, the department, with the advice and approval of the Victim Services Oversight Commission, shall promulgate regulations to:

(1) develop and provide information, training, and technical assistance to all state and local agencies and groups involved in victim service including, but not limited to, the Attorney General's Office, the solicitors' offices, all law enforcement agencies, courts, prisons, detention centers, the Department of Juvenile Justice, the Juvenile Parole Board, the Department of Mental Health, the Department of Disabilities and Special Needs, Alcohol and Other Drug Abuse Services, the Department of Natural Resources, the Department of Social Services, and any entity that receives public funds and is not subject to the program oversight of the South Carolina Coalition Against Domestic Violence and Sexual Assault. Training provided by the Department of Crime Victim Services and any other victim service provider must be reviewed and approved in a timely manner by the Victim Services Oversight Commission. The department may charge entities receiving services reasonable fees, not to exceed actual cost of the service;

(2) develop protocols for the manner in which reports are made to the department in a time and format approved by the department. If possible, reports shall be made by an electronic data transfer manner approved by the department. If it is not possible for an entity to electronically transfer data, the entity must notify the department of the impossibility, and the department and the respective entity shall determine a suitable alternative means for submission of reports until such time as the entity is able to electronically transfer data in the manner approved by the department;

(3) protect confidentiality of victims and witnesses at all times during the reporting and transferring of information; and

(4) approve professional training curricula for victim service providers, which will result in appropriate certifications for providers when successfully completed.

Section 16-3-1107. The department, with the advice and approval of the Victim Services Oversight Commission, shall develop protocols:

(1) for the development of programs for all agencies and organizations that receive public funds either in whole or in part for victim services. These protocols must allow appropriate flexibility in program design;

(2) for the types of expenditures for which public funds may be used;

(3) for reporting requirements including, but not limited to, reports of funding, data, and program reports for all state and local agencies and organizations that receive public funds either in whole or in part designed for victim services. These requirements must be reasonable in their impact on victim service providers, and must be designed to minimize related costs; and

(4) to account for funds actually expended each fiscal year and the amount of funds carried over to the next fiscal year."

SECTION 12. Section 16-3-1110 of the 1976 Code, as last amended by Act 321 of 1998, is further amended to read:

"Section 16-3-1110. For the purpose of this article and ~~Articles 14 and~~ Article 15 of this chapter:

(1) 'Board' means the ~~South Carolina Crime Victim's~~ Advisory Board for Victim Compensation and Grant Review.

(2) 'Claimant' means ~~any~~ a person filing a claim pursuant to this article.

(3) 'Claims examiner' means a representative of the department assigned to handle a claim.

(4) 'Crime' means an act which is defined as a crime by state, federal, or common law, including terrorism as defined in Section 2331 of Title 18, United States Code. Unless injury or death was recklessly or intentionally inflicted, 'crime' does not include an act involving the operation of a motor vehicle, boat, or aircraft.

(5) 'Department' means the South Carolina Department of Crime Victim Services.

~~(4)~~(6) 'Director' means the Director of the Victim's Compensation Fund who is appointed by the Governor. The director shall be in charge of the State Office of Victim's Assistance which is part of this division under the supervision of the Governor Department of Crime Victim Services.

(7) 'Fund' means the South Carolina ~~Victim's~~ Victims' Compensation Fund, which is ~~a division of the Office of the Governor~~ administered by the department.

(8) 'Intervenor' means a person other than a law enforcement officer performing regular duties, who acts without recklessness to prevent the commission of a crime or lawfully apprehends a person reasonably suspected of having committed a crime.

~~(5)~~ ~~'Field representative' means a field representative of the State Victim's Compensation Fund assigned to handle a claim.~~

~~(6)~~ 'Crime' means an act which is defined as a crime by state, federal, or common law, including terrorism as defined in Section 2331 of Title 18, United States Code. Unless injury or death was recklessly or intentionally inflicted, 'crime' does not include an act involving the operation of a motor vehicle, boat, or aircraft.

(9) 'Panel' means a three-member panel of the board designated by the board chairman to hear appeals.

~~(7)~~(10) 'Recklessly or intentionally' inflicted injury or death includes, but is not limited to, injury or death resulting from an act which violates Section 56-5-1210, 56-5-2910, 56-5-2920, or 56-5-2930 or from the use of a motor vehicle, boat, or aircraft to flee the scene of a crime in which the driver of the motor vehicle, boat, or aircraft knowingly participated.

(11) 'Restitution' means payment for all injuries, specific losses, and expenses sustained by a crime victim resulting from an offender's criminal conduct. It includes, but is not limited to:

(a) medical and psychological counseling expenses;

(b) specific damages and economic losses;

(d) transportation related to a victim's participation in the criminal justice process and medical services related to the crime.

Restitution does not include awards for pain and suffering, wrongful death, emotional distress, or loss of consortium.

Restitution orders do not limit any civil claims or actions a crime victim may file.

~~(8)~~(12) 'Victim' means a person who suffers direct or threatened physical, emotional, or financial harm as the result of ~~an act by someone else, which is a crime. The term includes immediate family members of a homicide victim or of any other victim who is either incompetent or a minor and includes an intervenor.~~ the commission or attempted commission of a criminal offense, as defined in this section. 'Victim' also includes the spouse, parent, child, or lawful representative of a victim who is:

(a) deceased;

(b) a minor;

(d) physically or psychologically incapacitated.

'Victim' does not include any individual who is the subject of an investigation of, who is charged with, or who has been convicted of or pled guilty or nolo contendere to the offense in question. 'Victim' also does not include any individual, including a spouse, parent, child, or lawful representative, who is acting on behalf of the suspect, juvenile offender, or defendant unless his actions are required by law. 'Victim' also does not include any individual who was imprisoned or engaged in an unlawful act at the time of the offense.

(13) 'Victim Service Provider' includes, but is not limited to, a person who notifies victims pursuant to Article 15, Chapter 3, Title 16, victim advocates, claims examiners, health care providers who provide services to victims of crime, and any other person or business that provides services to victims of crime.

~~(9)~~ 'Intervenor' means a person other than a law enforcement officer performing normal duties, who goes to the aid of another, acting not recklessly, to prevent the commission of a crime or lawfully apprehend a person reasonably suspected of having committed a crime.

~~(10)~~ ~~'Deputy director' means the Deputy Director of the Victim's Compensation Fund.~~

~~(11)~~ ~~Panel' means a three-member panel of the board designated by the board chairman to hear appeals.~~

~~(12)(a)~~ ~~'Restitution' means payment for all injuries, specific losses, and expenses sustained by a crime victim resulting from an offender's criminal conduct. It includes, but is not limited to:~~

~~(i)~~ ~~medical and psychological counseling expenses;~~

~~(ii)~~ ~~specific damages and economic losses;~~

~~(iii)~~ ~~funeral expenses and related costs;~~

~~(iv)~~ ~~vehicle impoundment fees;~~

~~(v)~~ ~~childcare costs; and~~

~~(vi)~~ ~~transportation related to a victim's participation in the criminal justice process.~~

~~Restitution does not include awards for pain and suffering, wrongful death, emotional distress, or loss of consortium. Restitution orders do not limit any civil claims a crime victim may file.~~

Notwithstanding any other provision of law, the applicable statute of limitations for a crime victim, who has a cause of action against an incarcerated offender based upon the incident which made the person a victim, is tolled and does not expire until three years after the offender's release from the sentence including probation and parole time or three years after release from commitment pursuant to Chapter 48 of Title 44, whichever is later. However, this provision shall not shorten any other tolling period of the statute of limitations which may ~~exist for~~ apply to the crime victim."

SECTION 13. Section 16-3-1130(3) of the 1976 Code, as last amended by Act 181 of 1989, is further amended to read:

"(3) The ~~field representative~~ claims examiner conducting the investigation ~~shall~~ must file with the ~~deputy~~ director a written report setting forth a recommendation and his reason for the recommendation. The ~~deputy~~ director ~~shall~~ must render a written decision and furnish the claimant with a copy of the decision."

SECTION 14. Section 16-3-1140 of the 1976 Code is amended to read:

"Section 16-3-1140. (1) The claimant may, within thirty days after receipt of the report of the decision of the ~~Deputy Director~~ director, make an application in writing to the ~~Deputy Director~~ director for review of the decision.

(2) Upon receipt of an application for review pursuant to subsection (1) ~~of this section~~, the ~~Deputy Director~~ director shall forward all relevant documents and information to the Chairman of the ~~Crime Victim's~~ Advisory Board for Victim Compensation and Grant Review. The ~~Chairman~~ chairman shall appoint a three-member panel of the ~~Board~~ board which shall review the records and affirm or modify the decision of the ~~Deputy Director~~ director; ~~provided, that~~ however, the ~~Chairman~~ chairman may order, in his discretion, that any particular case must be heard by the full ~~Board~~ board. If considered necessary by the ~~Board~~ board or its panel or if requested by the claimant, the ~~Board~~ board or its panel shall order a hearing prior to rendering a decision. At the hearing any relevant evidence, not legally privileged, is admissible. The ~~Board~~ board or its panel shall render a decision within ninety days after completion of the investigation. The action of the ~~Board~~ board or its panel is final and nonappealable. If the ~~Deputy Director~~ director receives no application for review pursuant to subsection (1), his decision becomes the final decision of the ~~Victim's~~ Victims' Compensation Fund and the department.

(3) The ~~Board~~ board or its panel, for purposes of this article, may subpoena witnesses, administer or cause to be administered oaths, and examine such parts of the books and records of the parties to proceedings as relate to questions in dispute.

(4) The ~~Deputy Director~~ director shall, within ten days after receipt of the ~~Board's~~ board's or panel's final decision, make a report to the claimant including a copy of the final decision and the reasons why the decision was made."

SECTION 15. Section 16-3-1150 of the 1976 Code is amended to read:

"Section 16-3-1150. Notwithstanding the provisions of Section 16-3-1130, if it appears to the ~~deputy~~ director that the claim is one with respect to which an award probably will be made and undue hardship will result to the claimant, if immediate payment is not made, the ~~deputy~~ director may make one or more emergency awards to the claimant pending a final decision in the case, ~~provided that~~ however, (a) the amount of each emergency award ~~shall~~ must not exceed five hundred dollars, (b) the total amount of ~~such~~ the emergency awards ~~shall~~ must not exceed one thousand dollars, (c) the amount of ~~such~~ the emergency awards must be deducted from any final award made to the claimant, and (d) the excess of the amount of any emergency award over the amount of the final award, or the full amount of any emergency award if no final award is made, must be repaid by the claimant to the ~~Victim's Compensation Fund as created by this article~~ department."

SECTION 16. Section 16-3-1160 of the 1976 Code is amended to read:

"Section 16-3-1160. (A) There is created a board to be known as the South Carolina ~~Crime Victim's~~ Advisory Board for Victim Compensation and Grant Review to consist of eleven members ~~to be appointed by the Governor with the advice and consent of the Senate~~. One member must be a member of the Senate appointed by the Chairman of the Senate Judiciary Committee and one member must be a member of the House of Representative appointed by the Chairman of the House Judiciary Committee. The two legislative members serve at the pleasure of the Chairmen of the Senate and House Judiciary Committees.

(B) The non-legislative members are appointed by the Governor with the advice and consent of the Senate. ~~Of the~~ ~~original seven members, at~~ At least two of the members ~~shall~~ must have been admitted to practice law in this State for not less than five years next preceding their appointment, one member ~~shall~~ must be a physician licensed to practice medicine under the laws of this State, and one member ~~shall~~ must have at least four years administrative experience in a court-related ~~Victim's Compensation Fund~~ victim assistance program, provided that such a qualified person is available. Of the ~~four~~ additional members, one must be a law enforcement officer with at least five years' administrative experience, one must be a law enforcement victim advocate (LEVA) with at least four years experience in a law enforcement victim assistance program, one ~~shall~~ member must have at least five years' experience in directing sexual assault prevention or treatment services, one ~~shall~~ member must have at least five years' experience in providing services for domestic violence victims, and one ~~shall~~ member must have been a victim of crime. At least one member must be from each of the six congressional districts. The remaining three non-legislative members must be appointed at-large.

(C) The term of office of each appointed member, except for legislative members, is five years and until his successor is appointed and qualified. Of those ~~seven~~ members first appointed, two shall serve for a term of one year, two for a term of two years, one for a term of three years, one for a term of four years, and one for a term of five years, with the initial terms to be designated by the Governor when making the initial appointments. The initial terms of ~~four~~ the additional members to be appointed as provided herein are for two, three, four, and five years respectively, the initial term of each member to be designated by the Governor when making the appointment. The Governor shall select a chairman. The ~~Board~~ board may elect a secretary and other officers as ~~deemed~~ considered necessary.

(D) Any vacancy must be filled for the remainder of the unexpired term by appointment in the same manner of the initial appointments.

(E) The board shall meet ~~at least twice~~ quarterly each year ~~and must be subject to~~ and is subject to the call of the ~~Chairman~~ chairman, to consider improvements in and monitor the effectiveness of the ~~Victim's~~ Victims' Compensation Fund, and to ~~review and comment~~ advise on the budget and ~~approve~~ the regulations pertaining to the ~~Victim's Compensation Fund of this article and the Victim/Witness Assistance Program of Article 14 of this chapter~~ fund, claims examiners, claims process, and the grant review function of the board. The board shall establish a process for the solicitation of applications for funding through grants related to the Violence Against Women Act (VAWA), the Victim of Crime Act (VOCA), and State Victim Assistance Program (SVAP). The board shall also establish a process for reviewing and awarding such grants pursuant to Section 16-3-1100(B)(5). The members of the ~~Board~~ board shall receive the same subsistence, mileage, and per diem as is provided by law for members of state boards, committees, and commissions, to be paid ~~from the Victim's Compensation Fund as created by this article~~ by the department."

SECTION 17. Section 16-3-1170(A)(4) of the 1976 Code, as last amended by Act 405 of 1988, is further amended to read:

"(4) the claimant or other award recipient has fully cooperated with all law enforcement agencies and with the ~~South Carolina Victim's Compensation Fund~~ department."

SECTION 18. Section 16-3-1170(B) of the 1976 Code is amended to read:

"(B) For the purposes of ~~item~~ subsection (A)(3) ~~of subsection (A)~~, a crime reported more than forty-eight hours after its occurrence is not 'promptly reported', absent a showing of special circumstances or causes which justify the delay. 'Special circumstances' include, but are not limited to, children who have been sexually abused. In cases of sexual assault, a claim must be filed by the claimant not later that one hundred eighty days after the crime is reported to law enforcement, regardless of when the crime was committed."

SECTION 19. Section 16-3-1180(A)(1) of the 1976 Code is amended to read:

"(A) An award may be made for:

(1) reasonable and customary charges as periodically determined by the board for medical services, including mental health counseling, required and rendered as a direct result of the injury on which the claim is based, as long as these services are rendered by a licensed professional. Payment for mental health counseling is limited to the number of sessions during a one hundred eighty-day-period beginning on the date of the first counseling session or twenty sessions, whichever is greater. Upon verification of extraordinary circumstances, the department may pay for five additional counseling sessions, so long as the total payment to the claimant does not exceed the fifteen thousand dollars maximum award. 'Extraordinary circumstances' include, but are not limited to, reliance upon the advice of or information provided by a victim service provider or professional therapist licensed by a state board."

SECTION 20. Section 16-3-1180(C) and (E) of the 1976 Code is amended to read:

"(C) The aggregate of award to and on behalf of victims may not exceed fifteen thousand dollars unless the ~~Crime Victim's Advisory Board~~ board, by a two-thirds vote, and the director concur that extraordinary circumstances exist. In ~~this~~ the case of extraordinary circumstances, the award ~~may~~ shall not exceed twenty-five thousand dollars.

(E) A previously decided award may be reopened for the purpose of increasing the compensation previously awarded, subject to the maximum provided in this article. In this case, the ~~State Office of Victim Assistance~~ department shall send immediately to the claimant a copy of the notice changing the award. This review ~~may~~ does not affect the award ~~as regards~~ regarding any monies paid, and the review ~~may~~ must not be made after eighteen months from the date of the last payment of compensation pursuant to an award under this article unless the director determines there is a need to reopen the case as specified in Section ~~16-3-1120(4)~~ 16-3-1102(3)."

SECTION 21. Section 16-3-1200 of the 1976 Code is amended to read:

"Section 16-3-1200. In determining the amount of an award, the ~~Deputy Director~~ director, the ~~Board~~ board, or its panel ~~shall~~ must determine whether, because of his conduct the victim or intervenor of ~~such~~ the crime contributed to the infliction of his injury, and the ~~Deputy Director~~ director, the ~~Board~~ board, or its panel may reduce the amount of the award or reject the claim altogether in accordance with ~~such~~ that determination; ~~provided,~~ however, the ~~Deputy Director~~ director, the ~~Board~~ board, or its panel may disregard for this purpose the contribution of an intervenor for his own injury or death where the record shows that the contribution was attributable to efforts by the intervenor ~~as set forth in~~ as provided in subsection ~~(8)~~ (9) of Section 16-3-1110."

SECTION 22. Section 16-3-1220 of the 1976 Code is amended to read:

"Section 16-3-1220. A person listed in Section 16-3-1210~~(1)~~ is not eligible to recover under this article if the person:

(1) committed or aided in the commission of the crime upon which the claim is based or engaged in other unlawful activity which contributed to or aggravated the resulting injury;

(2) is the surviving parent, spouse, or dependent of a deceased victim who would have been barred ~~by subsection (1)~~ under Section 16-3-1210 had he survived;

(3) is a dependent of the offender who committed the crime upon which the claim is based, and the offender would be a principal beneficiary of the award."

SECTION 23. Section 16-3-1230 of the 1976 Code is amended to read:

"Section 16-3-1230. (1) A claim may be filed by a person eligible to receive an award, as provided in Section 16-3-1210, or, if the person is an incompetent or a minor, by his parent or legal guardian or other individual authorized to administer his affairs.

(2) A claim must be filed by the claimant not later than ~~one hundred eighty~~ one hundred eighty days after the latest of the following three events:

(a) the occurrence of the crime upon which the claim is based;

(b) the death of the victim; or

(c) the discovery by the law enforcement agency that the occurrence was the result of a crime. Upon good cause shown, the time for filing may be extended for a period not to exceed four years after the occurrence or death. "Good cause" for the above purposes includes reliance upon advice of an official victim assistance specialist who either misinformed or neglected to inform a victim of rights and benefits of the Victim's Compensation Fund but does not mean simply ignorance of the law.

(3) In cases of sexual assault, a claim must be filed by the claimant not later that one hundred eighty days after the crime is reported to law enforcement, regardless of when the crime was committed.

(4) Upon good cause shown, the time for filing under subsection (2) may be extended for a period not to exceed four years after the occurrence of the crime, death of the victim, or discovery by law enforcement that the occurrence was the result of a crime. 'Good cause' includes, but is not limited to, reliance upon information provided by or the advice of a victim service provider who either misinformed or neglected to inform a victim of rights and benefits of the Victims' Compensation Fund but does not mean ignorance of the law.

(5) Claims must be filed in the office of the Deputy Director by mail or in person. The Deputy Director shall accept for filing all claims submitted by persons eligible under subsection (1) ~~of this section~~ and meeting the requirements as to the form of the claim contained in the regulations of the ~~Board~~ board."

SECTION 24. Section 16-3-1260 of the 1976 Code is amended to read:

"Section 16-3-1260. (1) A payment of benefits to, or on behalf of, a victim or intervenor, or eligible family member under this article creates a debt due and owing to the State by a person as determined by a court of competent jurisdiction of this State, who has committed the criminal act.

(2) The Circuit Court, when placing on probation a person who owes a debt to the State as a consequence of a criminal act, may set as a condition of probation the payment of the debt or a portion of the debt to the State. The court also may set the schedule or amounts of payments subject to modification based on change of circumstances.

(3) The Department of Probation, Parole, and Pardon Services ~~shall~~ also ~~have~~ has the right to make payment of the debt or a portion of the debt to the State a condition of parole or community supervision.

(4) When a juvenile is adjudicated delinquent in a Family Court proceeding involving a crime upon which a claim under this article can be made, the Family Court, in its discretion, may order that the juvenile pay the debt to the ~~State Office of Victim Assistance~~ department, as created by this article, as an adult would have to pay ~~had~~ if an adult committed the crime. Any assessments ordered may be made a condition of probation as provided in Section 20-7-7805.

(5) Payments authorized or required under this section must be paid to the ~~State Office of Victim Assistance~~ department. The ~~Director of the State Office of Victim Assistance~~ director shall coordinate the development of policies and procedures for the South Carolina Department of Corrections, the Department of Juvenile Justice, the South Carolina Office of Court Administration, the Department of Probation, Parole, and Pardon Services, and the South Carolina Board of Probation, Parole, and Pardon Services to ~~assure~~ ensure that victim restitution programs are administered in an effective manner to increase payments into the ~~State Office of Victim Assistance~~ department.

(6) Restitution payments to the ~~State Office of Victim Assistance~~ department may be made by the Department of Corrections from wages accumulated by offenders in its custody who are subject to this article, except that offenders' wages must not be used for this purpose if monthly wages are at or below minimums required to purchase basic necessities."

SECTION 25. Section 16-3-1270 of the 1976 Code is amended to read:

"Section 16-3-1270. If a person is unable at the time of sentencing or at any other time the court may set to pay a restitution charge imposed by the court pursuant to Sections 24-23-210 through 24-23-230, ~~such~~ the restitution charge ~~shall constitute~~ constitutes a lien against the offender and against any real or personal property of the offender. A restitution charge shall not constitute a lien if it is waived by the ~~Director~~ director pursuant to Section 24-23-210. ~~Such~~ The lien may be filed by the Attorney General in the respective offices of the clerks of court and registers of deeds of this State in the same manner state tax liens are filed and may be enforced and collected by the Attorney General in the same manner state tax liens are enforced and collected."

SECTION 26. Section 16-3-1290 of the 1976 Code is amended to read:

"Section 16-3-1290. (1) There is ~~hereby~~ created a special fund to be known as the ~~Victim's~~ Victims' Compensation Fund within the Department of Crime Victim Services for the purpose of providing for the payment of all necessary and proper expenses incurred by the operation of the ~~Victim's~~ Victims' Compensation Fund and the payment of claims. The State Treasurer is the custodian of the fund and all monies in the fund are held by the State Treasurer.

(2) The funds placed in the ~~Victim's~~ Victims' Compensation Fund ~~shall~~ consist of:

(a) ~~all~~ money appropriated by the General Assembly, if any, for the purpose of compensating claimants under this article; ~~and~~

(b) money recovered on behalf of the State pursuant to this article by subrogation or other action,;

(d) money received from the federal government,;

(e) money received from additional court costs,;

(f) money received from assessments, or fines, fees, or surcharges; or

(g) money received from any other public or private source, pursuant to this article.

(3) All administrative costs of this article~~, except the Director's salary,~~ must be paid out of money collected pursuant to this article which has been deposited in the ~~Victim's~~ Victims' Compensation Fund.

(4) Interest earned on all monies held in for the ~~Victim's~~ Victims' Compensation Fund ~~shall be remitted to the general fund of the State~~ must be retained by the Victims' Compensation Fund, carried forward to succeeding fiscal years, and applied for the purposes provided for in subsection (1)."

SECTION 27. Section 16-3-1330 of the 1976 Code is amended to read:

"Section 16-3-1330. When the director determines that projected revenue in any fiscal year will be insufficient to pay projected claims or awards in the amounts provided herein, he ~~shall~~ must reduce the amount of all claims or awards by an amount equal to the ratio of projected revenue to the total projected claims or awards cost. When these reductions are required, the director shall inform the public through the media of the reductions as promptly as possible. The reductions apply to all claims or awards not paid as of the effective date of the reductions order.

Any award ~~hereunder~~ by the Victims' Compensation Fund is specifically not a claim against the State if it cannot be paid due to a lack of funds in the ~~Victim's Compensation Fund~~ department."

SECTION 28. Section 16-3-1350 of the 1976 Code is amended to read:

"Section 16-3-1350. (A) The State must ensure that a victim of criminal sexual conduct in any degree, criminal sexual conduct with a minor in any degree, or child sexual abuse must not bear the cost of his or her routine medicolegal exam following the assault if the victim has filed an incident report with a law enforcement agency.

(B) These exams must be standardized relevant to medical treatment and to gathering evidence from the body of the victim and must be based on and meet minimum standards for rape exam protocol as developed by the ~~South Carolina~~ State Law Enforcement Division, the South Carolina Hospital Association, and the ~~Governor's Office Division of Victim Assistance~~ department with production costs to be paid from funds appropriated for the ~~Victim's~~ Victims' Compensation Fund. These exams must be reviewed every five years by the State Law Enforcement Division, the South Carolina Hospital Association, and the department. These exams must include treatment for venereal disease, and must include medication for pregnancy prevention if indicated and if desired. The ~~South Carolina~~ State Law Enforcement Division must distribute these exam kits to any licensed health care facility providing sexual assault exams. When dealing with a victim of criminal sexual assault, the law enforcement agency immediately must transport the victim to the nearest licensed health care facility which performs sexual assault exams. A health care facility providing sexual assault exams must use the standardized protocol described above.

(C) A licensed health care facility, upon completion of a routine sexual assault exam as described in subsection (B) performed on a victim of criminal sexual conduct in any degree, criminal sexual conduct with a minor in any degree, or child sexual abuse, may file a claim for reimbursement directly to the ~~South Carolina Crime Victim's Compensation Fund~~ department if the offense occurred in South Carolina. The ~~South Carolina Crime Victim's Compensation Fund~~ department must develop procedures for health care facilities to follow when filing a claim with respect to the privacy of the victim. Health care facility personnel must obtain information necessary for the claim at the time of the exam, if possible. The ~~South Carolina Crime Victim's Compensation Fund~~ department must reimburse eligible health care facilities directly.

(D) The ~~Governor's Office Division of Victim Assistance~~ department must utilize existing funds appropriated from the general fund for the purpose of compensating licensed health care facilities for the cost of routine medical exams for sexual assault victims as described above. When the director determines that projected reimbursements in a fiscal year provided in this section exceed funds appropriated for payment of these reimbursements, he must direct the payment of the additional services from the ~~Victim's~~ Victims' Compensation Fund. For the purpose of this particular exam, the one-hundred-dollar deductible is waived for award eligibility under the fund. The ~~South Carolina Victim's Compensation Fund~~ department must develop appropriate guidelines and procedures and distribute them to law enforcement agencies and appropriate health care facilities."

SECTION 29. Section 16-3-1410 of the 1976 Code is amended to read:

"Section 16-3-1410. The ~~Victim Compensation Fund~~ Department of Crime Victim Services is authorized to provide the following victim assistance services~~, contingent upon an appropriation of funds therefor by the General Assembly~~:

(A) Provide information, training, and technical assistance to state and local agencies and groups involved in victim/witness and domestic violence assistance, such as the Attorney General's Office, the solicitors' offices, law enforcement agencies, judges, hospital staff, rape crisis centers, and spouse abuse shelters.

~~(B)~~ ~~Provide recommendations to the Governor and General Assembly on needed legislation and services for victims.~~

~~(C)~~ Serve as a clearinghouse of victim~~/witness~~ information.;

~~(D)~~ ~~Develop guidelines for the implementation of victim/witness assistance programs.~~

~~(E)~~(B) Develop ongoing public awareness ~~and~~ programs to assist victims~~, such as~~ including, but not limited to, the production and publication of newsletters, brochures, news articles, as well as television and radio spots and programs~~, and news articles.~~;

~~(F)~~(C) Provide staff support for the South Carolina Victim Assistance Network, which is a ~~state level~~ state-wide advisory group representative of victims, all agencies, and groups involved in victim~~/witness~~ service, and domestic violence ~~services.~~ service; ~~to improve coordination efforts~~ The South Carolina Victim Assistance Network's duties include, but are not limited to: (1) planning and co-sponsoring the annual Victim Rights Week celebration;

(2) providing emergency funds for crime victims;

(3) maintaining a website of resources;

(4) maintaining a comprehensive library;

(5) publishing quarterly publications; and

(6) providing general assistance with any other activities promoting coordination efforts;

~~(G)~~ ~~Coordinate the development and implementation of policy and guidelines for the treatment of victims/witnesses with appropriate agencies, with initial emphasis in the following three areas:~~

~~(1)~~ The State Victim/Witness Program shall work with the solicitors of this State, the Attorney General's Office, and relevant professional organizations to develop guidelines for solicitors to follow in the handling of victims, to include but not be limited to:

~~(a)~~ ~~Periodically informing victims of the status of a case.~~

~~(b)~~ ~~Providing information to the court on the views of victims of violent crime on bail decisions, continuances, plea bargains, dismissals, sentencing, and restitution.~~

~~(c)~~ ~~Pursuing charges of defendants who harass, threaten, injure, or otherwise attempt to intimidate or retaliate against victims or witnesses.~~

~~(d)~~ ~~Utilizing a victim and witness on-call system.~~

~~(e)~~ ~~Developing procedures for the prompt return of victims' property.~~

~~(f)~~ ~~Considering the views of victims and witnesses concerning the use of case continuances.~~

~~(g)~~ ~~Informing the solicitors' offices about victim assistance units and their effectiveness.~~

~~(h)~~ ~~Informing victims of the availability of civil as well as criminal redress.~~

~~(2)~~ The State Victim/Witness Program shall assist the Office of Court Administration and South Carolina Sentencing Guidelines Commission in developing guidelines for all judges to follow in the handling of victims, to include but not be limited to:

~~(a)~~ ~~Scheduling of court proceedings and an on-call notification system.~~

~~(b)~~ ~~Separate waiting rooms for prosecution and defense witnesses.~~

~~(c)~~ ~~Special weight for victim's interests when considering requests for continuances.~~

~~(d)~~ ~~Special weight must be given to the victim's interest in speedy return of property before trial in ruling on the admissibility of photographs of that property.~~

~~(e)~~ ~~Child sexual assault/incest victims must be given practical legal support by allowing them videotape, legal transcript, or closed session testimony.~~

~~(3)~~ The State Victim/Witness Program shall work with the appropriate law enforcement officers' associations and other relevant organizations to develop guidelines and model policies for law enforcement agencies to utilize in handling and working with victims of crime.

(D) Produce and collect data and statistics, and publish an annual report that includes, but is not limited to:

(1) audits and other financial reports detailing expenditures of all agencies and organizations that receive public funds designated for victim services;

(2) information on the programmatic activity of all agencies and organizations that receive public funds designated for victim services and make this information available through the Internet;

(E) Monitor publicly-funded victim assistance programs to ensure they are operating within prescribed minimum standards, and offer or cause to be offered technical assistance, as appropriate; and

(F) Conduct an ongoing evaluation of the organizational efficiency of victim/witness service delivery systems in South Carolina. The results shall be included in the annual report provided for in subsection (D), along with recommendations to the General Assembly for statutory and constitutional changes. The department is authorized to carry out the activities of the Victim Services Oversight Commission and provide administrative assistance necessary to the commission."

SECTION 30. Section 16-3-1420 of the 1976 Code is amended to read:

"Section 16-3-1420. The Director of the State Victim/Witness Assistance Program is the Director of the ~~South Carolina Victim's Compensation Fund~~ Department of Crime Victim Services."

SECTION 31. Section 24-3-40(A)(2) of the 1976 Code, as last amended by Act 387 of 2000, is further amended to read:

"(2) If restitution to a particular victim or victims has not been ordered by the court, or if court-ordered restitution to a particular victim or victims has been satisfied, ~~then~~ the twenty percent referred to in subsection (1) must be distributed as follows:

(a) If the prisoner is engaged in work at paid employment in the community:

(i) ten percent must be placed on deposit with the State Treasurer for credit to a special account to support victim assistance programs established pursuant to the Victims of Crime Act of 1984, Public Law 98-473, Title II, Chapter XIV, Section 1404,; and

(ii) ten percent must be retained by the department to support services provided by the department to victims of the incarcerated population; ~~if the prisoner is engaged in work at paid employment in the community.~~

(b) If the prisoner is employed in a prison industry program, ~~then~~ the twenty percent referred to in subsection (1) must be directed to the ~~State Office of Victim Assistance~~ Department of Crime Victim Services for use in training, program development, victim compensation, and general administrative support pursuant to Section 16-3-1410."

SECTION 32. Section 50-1-85 of the 1976 Code is amended to read:

"Section 50-1-85. It is unlawful for any person to use a firearm or archery tackle while in preparation for, engaged in the act of, or returning from hunting in a criminally negligent manner. 'Criminal negligence' is defined as the reckless disregard for the safety of others.

A person ~~violating~~ who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be:

(1) in a case where no personal injury or property damage occurs, fined not more than two hundred dollars or imprisoned for not more than thirty days;

(2) in the case of property damage only, fined not more than one thousand dollars nor less than five hundred dollars or imprisoned for not more than six months, and the court must order restitution to the owner of the property;

(3) in the case of bodily injury to another, fined not less than five hundred dollars nor more than two thousand, five hundred dollars or imprisoned for not more than two years; if the bodily injury results in disfigurement, total or partial permanent disability, be imprisoned for not less than sixty days nor more than two years;

(4) in the case of death, be imprisoned for not less than three months nor more than three years.

No part of the minimum fines and penalties provided in this section may be suspended by any court in this State.

In addition to the criminal penalties provided above, the department must seize immediately the license of a person charged under this section and, upon conviction, the hunting privileges of a person convicted under item (1) or (2) above must be suspended for one year. A person convicted under item (3) ~~of this section~~ shall lose his privilege to hunt for three years, and a person convicted under item (4) ~~of this section~~ shall lose the privilege of hunting for five years.

A person convicted of hunting while his license is suspended under the provisions of this section must be fined not less than five hundred dollars nor more than two thousand, five hundred dollars or imprisoned for not more than two years and shall have his hunting privileges suspended for an additional five years.

The person may not obtain another hunting license until he has completed satisfactorily a hunter's safety program conducted by the department.

All monetary penalties shall be remitted to the ~~South Carolina Victim's Compensation Fund~~ Department of Crime Victim Services."

SECTION 33. The terms "State Office of Victim Assistance" and "Division of Victim Assistance" are hereby changed to the "Department of Crime Victim Services." The General Assembly directs the Code Commissioner to correct references throughout the 1976 Code of Laws to reflect the change.

SECTION 34. Section 16-3-1120 of the 1976 Code is repealed.

SECTION 35. Upon approval by the Governor, this act takes effect January 5, 2005. /

Renumber sections to conform.

Amend title to conform.

Majority favorable. Minority unfavorable.

C. BRADLEY HUTTO DARRELL JACKSON

For Majority. For Minority.

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

See Below

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

A Cost of Federal and/or Other Funds (See Below)

EXPLANATION OF IMPACT:

Governor's Office - Office of Executive Policy and Programs (OEPP)

Section 56C of the General Appropriation Bill for Fiscal Year 2004-05, as passed by the House of Representatives, reflects a total budget of approximately $16.7 million including employer contributions for the Victim's Assistance Program. Of that amount $321,253 is state general funds. Other funded positions for the Victim's Assistance Program total 30.68 and would be transferred to the new agency. The Office of Executive Policy and Programs anticipates an annual cost savings of $40,720 because the transfer of this function would reduce support activities for the office.

Governor's Office - Office of Crime Victim's Ombudsman

Section 56C of the General Appropriation Bill for Fiscal Year 2004-05, as passed by the House of Representatives, reflects a total budget of $186,583 including employer contributions for the Office of Crime Victim's Ombudsman. None of these appropriations are state general funds. Two federal and other funded positions for the Office of Crime Victim's Ombudsman that would be transferred to the Attorney General's Office.

Department of Public Safety (DPS) - Grant Programs

Total funding associated with the Victim's Crime Act grants, Violence Against Women Act grants, and the State Victim's Assistance Program grants is approximately $7.6 million annually. Of that amount $350,000 is other funds with the balance being federal funds. These funding sources include salary, fringe benefits and other operating costs for eight federally funded FTE positions. DPS states that there would be minimal impact on the department that could be absorbed within existing resources. This additional cost is related to salaries currently paid to staff who currently have partial duties related to these grants but who the department anticipates would remain at DPS. A portion of their salaries is currently paid with grant funds.

Department of Crime Victim Services

Notwithstanding the funds transferred from OEPP and DPS to create the new agency, it is estimated there will be additional costs in other and/or federal funds of $493,100 recurring and $137,450 non-recurring to provide the administrative and support staff and other operating expenses currently provided by OEPP. Of the recurring funds $410,225 represents salary and fringe for (15.00) new positions consisting of: (2) Deputy Directors; (3) Trainers for Victim Services; (2) Information Technology Personnel; (6) Administrative and Support Staff and (1) Field Restitution Monitor. Annual other operating expenses are estimated at $82,875. The non-recurring costs of $137,450 include the purchase of office furniture, computers, computer programming and the annual cost of additional office space and utilities.

Attorney General

The office indicates there will be a one-time cost of approximately $16,648 primarily in information technology expenses related to receiving additional staff.

LOCAL GOVERNMENT IMPACT:

Sections 7, 8 and 9 of the bill would require counties to remit 10% of the funds normally retained by them under Sections 14-1-206, 207 and 208 to the state for funding the newly created department. The Board of Economic Advisors is the appropriate entity to address any revenue impact associated with this legislation.

Approved By:

Don Addy

Office of State Budget

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-30-125 SO AS TO DESIGNATE THE DEPARTMENT OF CRIME VICTIM SERVICES AS A DEPARTMENT OF STATE GOVERNMENT; TO AMEND CHAPTER 3, TITLE 16, RELATING TO OFFENSES AGAINST THE PERSON, BY ADDING ARTICLE 12 SO AS TO PROVIDE FOR THE DEPARTMENT OF CRIME VICTIM SERVICES, AND THE VICTIM SERVICES OVERSIGHT COMMISSION; TO AMEND SECTION 1-30-10, AS AMENDED, RELATING TO THE DEPARTMENTS IN THE EXECUTIVE BRANCH, SO AS TO ADD THE DEPARTMENT OF CRIME VICTIM SERVICES; TO AMEND SECTION 1-30-110, RELATING TO THE DIVISIONS OF THE OFFICE OF GOVERNOR, SO AS TO DELETE THE OFFICE OF VICTIM ASSISTANCE; TO AMEND SECTION 16-3-1110, AS AMENDED, SECTIONS 16-3-1130, AS AMENDED, 16-3-1140, 16-3-1150, 16-3-1160, 16-3-1170, AS AMENDED, 16-3-1180, AS AMENDED, 16-3-1200, SECTION 16-3-1220, AS AMENDED, SECTION 16-3-1230, AS AMENDED, SECTION 16-3-1260, AS AMENDED, SECTION 16-3-1270, AS AMENDED, SECTIONS 16-3-1290, 16-3-1330, AS AMENDED, 16-3-1340, AS AMENDED, AND 16-3-1350, ALL RELATING TO THE VICTIM'S COMPENSATION FUND, ITS REQUIREMENTS AND PROCEDURES, SO AS TO PROVIDE IN ALL SECTIONS FOR TECHNICAL CHANGES TO COMPORT WITH THE ESTABLISHMENT OF THIS NEW DEPARTMENT; AND TO REPEAL SECTION 16-3-1120.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. This act may be referred to as the "South Carolina Department of Crime Victim Services Act".

SECTION 2. The 1976 Code is amended by adding:

"Section 1-30-125. Effective July 1, 2002, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property, and all contractual rights and obligations associated with any such agency, are transferred to and incorporated in and shall be administered as part of the Department of Crime Victim Services:

(A) State Office of Victim's Assistance, provided for in Section 16-3-1410; and

(B) South Carolina Advisory Board for Victim Assistance, provided for in Section 16-3-1160."

SECTION 3. The 1976 Code is amended by adding:

"Article 12

South Carolina Department of Crime Victim Services

Section 16-3-1100. (A) There is created the South Carolina Department of Crime Victim Services, referred to in this chapter, as the department. The department must be headed by a director who shall be appointed by the Governor upon the advice and consent of the Senate. The director must possess sound moral character, superior knowledge of and experience in the field of crime victim services, and proven administrative ability. The director is subject to removal by the Governor pursuant to the provisions of Section 1-3-240. The director is vested with the duty and authority to oversee, manage, and control the operation, administration, and organization of the department. The director is authorized to hire deputy directors to head the divisions of the department who shall serve at his pleasure.

(B) The department is initially composed of the following divisions:

(1) Division of Victim Compensation, which is responsible for administering the Victims' Compensation Fund as provided in Section 16-3-1290;

(2) Division of Victim Services and Training for Victim Service Providers, which is responsible for developing and implementing a statewide protocol of victim services, for coordinating the training of all victim services providers, and for administering and distributing the revenues collected pursuant to provisions pertaining to crime victim services and the Victim's Compensation Fund contained in Sections 14-1-206, 14-1-207, 14-1-208, and 14-1-211;

(3) Division of Information Technology Services, which is responsible for developing and implementing the statewide computer network utilized to keep victims and victims service providers fully informed; and

(4) Division of Operations and Administration, which is responsible for the management of the department.

(1) South Carolina Advisory Board for Victim Compensation as provided in Section 16-3-1160;

(2) Victims Services Oversight Commission as provided in Section 16-3-1104;

(3) Victim Assistance Network;

(4) advisory committees as are required by federal law or regulation regarding the programs which the department administers. These advisory committees, the state Advisory Board for Victim Compensation, and the Victim Services Oversight Commission, shall receive travel and per diem as provided by law.

(D) The director has the authority to promulgate regulations to carry out the provisions of these articles, Article 15 of this chapter, and the Victims Bill of Rights in Section 24 of Article 1 of the South Carolina Constitution. Regulations pertaining to this article in effect on July 1, 1993 shall remain in full force and effect unless otherwise amended as provided by law. Proposed regulations regarding victim compensation must be approved by the Advisory Board for Victim Compensation before the department submits them to the General Assembly for approval. Proposed regulations regarding victim services must be approved by the Victim Services Oversight Commission before the department submits them to the General Assembly for approval.

Section 16-3-1102. The department has the following duties and responsibilities in the area of victim compensation:

(1) develop and administer a plan for informing the public of the availability of the benefits provided under this article and procedures for filing claims for the benefits, with approval of the South Carolina Advisory Board for Victim Compensation; and

(2) request from the Attorney General, South Carolina Law Enforcement Division, solicitors, magistrates, judges, county and municipal police departments, and any other agency or department the information and data to assist the director in determining whether, and the extent to which, a claimant qualifies for awards. A person, agency, or department listed above is authorized to provide the director with the information requested upon receipt of a request from the director. A provision of law providing for confidentiality of juvenile records does not apply to a request of the director, the deputy director, the board, or a panel of the board pursuant to this section to:

(3) reinvestigate or reopen previously decided award cases as the department considers necessary;

(4) require the submission of medical records as are needed by the board, a panel of the board, or director, or his staff and, when necessary, to direct medical examination of the victim;

(5) take or cause to be taken affidavits or depositions within or without the State. This power may be delegated to the director, deputy director, or the advisory compensation board, or its panel;

(6) render each year to the Governor and to the General Assembly a written report of the activities of the Victim's Compensation Fund pursuant to this article;

(7) reject incomplete claims for awards or assistance;

(8) render awards to victims of crime or to those other persons entitled to receive awards in the manner authorized by this article;

(9) apply for funds from, and to submit all necessary forms to, any federal agency participating in a cooperative program to compensate victims of crime; and

(10) delegate powers of the director to the board or a panel of the board on appeal matters.

Section 16-3-1104. (A) There is established within the South Carolina Department of Crime Victim Services the Victim Services Oversight Commission. The Commission shall consist of the following members or their designees:

(1) Director, South Carolina Department of Crime Victim Services;

(2) Director of Victim Services, Office of the Attorney General;

(3) Director of the South Carolina Commission on Prosecution Coordination;

(4) Director of Victim Services, Department of Corrections;

(5) Director of Victim Services, Department of Probation, Parole and Pardon Services;

(6) Director of Victim Services, Department of Juvenile Justice;

(7) Administrator's Office of Justice Programs, Department of Public Safety;

(8) Director of the South Carolina Sheriffs' Association;

(9) President of the South Carolina Summary Court Association;

(10) President of the South Carolina Association of Chiefs of Police;

(11) President of the Law Enforcement Victim Advocates' Victim Advocates Forum;

(12) Executive Director of the South Carolina Coalition Against Domestic Violence and Sexual Assault;

(13) President of the South Carolina Victim Assistance Network;

(14) Director of the South Carolina Court Administration;

(15) President of the South Carolina Jailers' Association;

(16) Executive Director of the South Carolina Association of Counties;

(17) Executive Director of the South Carolina Municipal Association;

(18) Director of the Juvenile Parole Board;

(19) Chairman of the South Carolina Victim's Advocate Forum; and

(20) Two citizens who have been victims of violent crime and whose cases have been ultimately resolved, to be appointed by the Governor for terms that are coterminous with that of the appointing Governor.

(B) A vacancy on the commission must be filled within ninety days in the same manner as the initial appointment.

(C) The commission must select a chairman annually. Actions of the commission require a majority vote of those members present. A majority of the membership constitutes a quorum. The commission must meet at least six times each year and is subject to the call of the chairman. Membership on the commission does not constitute an office for purposes of the South Carolina Constitution's prohibitions against dual office holding.

(D) In addition to the duties provided in Section 16-3-1104, the commission must assist the South Carolina Department of Crime Victim Services in:

(1) considering improvements in and monitoring the effectiveness of statewide:

(a) victim services programs;

(b) standards and accountability in victim services;

(d) distribution and use of the revenues collected pursuant to provisions pertaining to crime victim services and the Victim's Compensation Fund contained in Sections 14-1-206, 14-1-207, 14-1-208, and 14-1-211; and

(2) developing regulations pertaining to the South Carolina Department of Crime Victim Services.

Section 16-3-1106. Pursuant to the South Carolina Administrative Procedures Act, the South Carolina Department of Crime Victim Services with advice of the Victim Services Oversight Commission, shall promulgate regulations to:

(1) develop and provide information, training, and technical assistance to all state and local agencies and groups involved in victim witness assistance including, but not limited to, the Attorney General's Office, the solicitors' offices, all law enforcement agencies, courts, prisons, detention centers, the Department of Juvenile Justice, the Juvenile Parole Board, the Department of Mental Health, the Department of Disabilities and Special Needs, Alcohol and Other Drug Abuse Services, the Department of Social Services, hospital staff, rape crisis centers, and children's centers and shelters. Training provided by the South Carolina Department of Crime Victim Services and any other victim service provider must be reviewed and approved by the Victim Services Oversight Commission;

(2) outline minimum program standards for all agencies and organizations that receive funds either in part or in full by public funding for victims or witness assistance. These minimum standards must allow appropriate flexibility in program design;

(3) specify and approve the types of expenditures public victim or witness assistance funds may be used for;

(4) specify programmatic reporting requirements for all state and local agencies and organizations that receive funds either in part or in full by public funds designed for victim services. These requirements must be reasonable in their impact on providers, and must be designed to minimize related costs;

(5) require the reporting of funds spent on victim services by the agencies that provide victim services, and whose salaries are paid in part or in full by public funds, as mandated in Article 15, Chapter 3, Title 16;

(6) account for funds actually expended by the major expenditure category and the amount of funds carried over to the next fiscal period;

(7) require that all personnel mandated to provide victim services, funded either in part or in full by public funds report to the department at the times and in the form required by the department, data and information, both programmatic and financial, prescribed by the department;

(8) submit, to the greatest extent possible, reports via electronic data transfer approval by the department. If it is not possible for a local government entity to submit reports through the approved means of electronic data transfer, it shall certify such to the department. The department and the respective local government entity shall determine a suitable alternative means for submission of reports until such time as the local governmental entity is able to electronically transfer data in the manner approved by the department;

(9) protect confidentiality of victims and witnesses at all times during the reporting and transferring of such information; and

(10) develop and offer, or cause to be developed and offered, professional training curricula for victim advocates, which if successfully completed, will result in appropriate certifications."

SECTION 4. Section 1-30-10(A) of the 1976 Code, as last amended by Act 83 of 1995, is further amended by adding:

"20. Department of Crime Victim Services"

SECTION 5. Section 1-30-110 of the 1976 Code, as added by Act 181 of 1993, is amended to read:

"Section 1-30-110. Effective July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the office of the Governor:

(1) Continuum of Care for Emotionally Disturbed Children provided for at Section 20-7-5610, et seq.;

(2) Guardian Ad Litem Program, formerly provided for at Section 20-7-121, et seq.;

(3) ~~State Office of Victim's Assistance, formerly provided for at Section 16-3-1110, et seq.;~~

~~(4)~~Department of Veterans Affairs, formerly provided for at Section 25-11-10, et seq.;

~~(5)~~(4) Commission on Women, formerly provided for at Section 1-15-10, et seq.;

~~(6)~~(5) Commission on Aging, formerly provided for at Section 43-21-10, et seq.;

~~(7)~~(6) Foster Care Review Board, formerly provided for at Section 20-7-2376, et seq.;"

SECTION 6. Section 16-3-1110 of the 1976 Code, as last amended by Act 321 of 1998, is further amended to read:

"Section 16-3-1110. For the purpose of this article and ~~Articles 14 and~~ Article 15 of this chapter:

(1) 'Board' means the ~~South Carolina Crime Victim's~~ Advisory Board for Victim Compensation.

(2) 'Claimant' means ~~any~~ a person filing a claim pursuant to this article.

(3) 'Fund' means the South Carolina Victim's Compensation Fund, which is ~~a division of the Office of the Governor~~ administered by the Division of Victim Assistance of the department.

(4) 'Director' means the Director of the Victim's Compensation Fund who is appointed by the Governor. The director shall be in charge of the State Office of Victim's Assistance which is part of this division under the supervision of the Governor Department of Crime Victim Services.

(5) 'Field representative' means a field representative of the ~~State Victim's Compensation Fund~~ department assigned to handle a claim.

(6) 'Crime' means an act which is defined as a crime by state, federal, or common law, including terrorism as defined in Section 2331 of Title 18, United States Code. Unless injury or death was recklessly or intentionally inflicted, 'crime' does not include an act involving the operation of a motor vehicle, boat, or aircraft.

(7) 'Recklessly or intentionally' inflicted injury or death includes, but is not limited to, injury or death resulting from an act which violates Section 56-5-1210, 56-5-2910, 56-5-2920, or 56-5-2930 or from the use of a motor vehicle, boat, or aircraft to flee the scene of a crime in which the driver of the motor vehicle, boat, or aircraft knowingly participated.

(8) 'Victim' means a person who suffers direct or threatened physical, emotional, or financial harm as the result of an act by someone else, which is a crime. The term includes immediate family members of a homicide victim or of any other victim who is either incompetent or a minor and includes an intervenor.

(9) 'Intervenor' means a person other than a law enforcement officer performing normal duties, who goes to the aid of another, acting not recklessly, to prevent the commission of a crime or lawfully apprehend a person reasonably suspected of having committed a crime.

(10) 'Deputy director' means ~~the~~ a deputy director of the ~~Victim's Compensation Fund~~ department.

(11) Panel' means a three-member panel of the board designated by the board chairman to hear appeals.

(12)(a) 'Restitution' means payment for all injuries, specific losses, and expenses sustained by a crime victim resulting from an offender's criminal conduct. It includes, but is not limited to:

(i) medical and psychological counseling expenses;

(ii) specific damages and economic losses;

(iii) funeral expenses and related costs;

(iv) vehicle impoundment fees;

(v) childcare costs; and

(vi) transportation related to a victim's participation in the criminal justice process.

Restitution does not include awards for pain and suffering, wrongful death, emotional distress, or loss of consortium. Restitution orders do not limit any civil claims a crime victim may file.

SECTION 7. Section 16-3-1130(3) of the 1976 Code, as last amended by Act 181 of 1989, is further amended to read:

"(3) The field representative conducting the investigation shall file with the ~~deputy~~ director a written report setting forth a recommendation and his reason for the recommendation. The ~~deputy~~ director shall render a written decision and furnish the claimant with a copy of the decision."

SECTION 8. Section 16-3-1140 of the 1976 Code is amended to read:

(2) Upon receipt of an application for review pursuant to subsection (1) of this section, the ~~Deputy Director~~ director shall forward all relevant documents and information to the Chairman of the ~~Crime Victim's~~ Advisory Board for Victim Compensation. The ~~Chairman~~ chairman shall appoint a three-member panel of the ~~Board~~ board which shall review the records and affirm or modify the decision of the ~~Deputy Director~~ director; provided, that the ~~Chairman~~ chairman may order, in his discretion, that any particular case must be heard by the full ~~Board~~ board. If considered necessary by the ~~Board~~ board or its panel or if requested by the claimant, the ~~Board~~ board or its panel shall order a hearing prior to rendering a decision. At the hearing any relevant evidence, not legally privileged, is admissible. The ~~Board~~ board or its panel shall render a decision within ninety days after completion of the investigation. The action of the ~~Board~~ board or its panel is final and nonappealable. If the ~~Deputy Director~~ director receives no application for review pursuant to subsection (1), his decision becomes the final decision of the Victim's Compensation Fund and the department.

(4) The ~~Deputy Director~~ director shall within ten days after receipt of the ~~Board's~~ board's or panel's final decision make a report to the claimant including a copy of the final decision and the reasons why the decision was made."

SECTION 9. Section 16-3-1150 of the 1976 Code is amended to read:

"Section 16-3-1150. Notwithstanding the provisions of Section 16-3-1130, if it appears to the ~~deputy~~ director that the claim is one with respect to which an award probably will be made and undue hardship will result to the claimant, if immediate payment is not made, the ~~deputy~~ director may make one or more emergency awards to the claimant pending a final decision in the case, provided that (a) the amount of each emergency award shall not exceed five hundred dollars, (b) the total amount of such emergency awards shall not exceed one thousand dollars, (c) the amount of such emergency awards must be deducted from any final award made to the claimant, and (d) the excess of the amount of any emergency award over the amount of the final award, or the full amount of any emergency award if no final award is made, must be repaid by the claimant to the ~~Victim's Compensation Fund as created by this article~~ department."

SECTION 10. Section 16-3-1160 of the 1976 Code is amended to read:

"Section 16-3-1160. There is created a board to be known as the South Carolina ~~Crime Victim's~~ Advisory Board for Victim Compensation to consist of eleven members to be appointed by the Governor with the advice and consent of the Senate. Of the original seven members, at least two of the members shall have been admitted to practice law in this State for not less than five years next preceding their appointment, one member shall be a physician licensed to practice medicine under the laws of this State, and one member shall have at least four years administrative experience in a court-related Victim's ~~Compensation~~ Assistance Fund, provided that such a qualified person is available. Of the four additional members, one must be a law enforcement officer with at least five years' administrative experience, one shall have at least five years' experience in directing sexual assault prevention or treatment services, one shall have at least five years' experience in providing services for domestic violence victims, and one shall have been a victim of crime.

The term of office of each appointed member is five years and until his successor is appointed and qualified. Of those seven members first appointed, two shall serve for a term of one year, two for a term of two years, one for a term of three years, one for a term of four years, and one for a term of five years, with the initial terms to be designated by the Governor when making the initial appointments. The initial terms of four additional members to be appointed as provided herein are for two, three, four, and five years respectively, the initial term of each member to be designated by the Governor when making the appointment. The Governor shall select a chairman. The board may elect a secretary and other officers as deemed necessary.

Any vacancy must be filled for the remainder of the unexpired term by appointment in the same manner of the initial appointments.

The board shall meet at least twice each year and must be subject to the call of the chairman, to consider improvements in and monitor the effectiveness of the Victim's Compensation Fund, and to ~~review and comment~~ advise on the budget and ~~approve~~ the regulations pertaining to the ~~Victim's Compensation Fund of this article and the Victim/Witness Assistance Program of Article 14 of this chapter~~ department. The members of the board shall receive the same subsistence, mileage, and per diem as is provided by law for members of state boards, committees, and commissions~~, to be paid from the Victim's Compensation Fund as created by this article~~."

SECTION 11. Section 16-3-1170(4) of the 1976 Code, as last amended by Act 405 of 1988, is further amended to read:

"(4) the claimant or other award recipient has fully cooperated with all law enforcement agencies and with the ~~South Carolina Victim's Compensation Fund~~ department."

SECTION 12. Section 16-3-1180(C) and (E) of the 1976 Code, as last amended by Act 458 of 1996, is further amended to read:

"(C) The aggregate of award to and on behalf of victims may not exceed fifteen thousand dollars unless the ~~Crime victim's Advisory Board~~ board, by two-thirds vote, and the director concur that extraordinary circumstances exist. In this case, the award may not exceed twenty-five thousand dollars.

(E) A previously decided award may be reopened for the purpose of increasing the compensation previously awarded, subject to the maximum provided in this article. In this case the ~~State Office of Victim Assistance~~ department shall send immediately to the claimant a copy of the notice changing the award. This review may not affect the award as regards any monies paid, and the review may not be made after eighteen months from the date of the last payment of compensation pursuant to an award under this article unless the director determines there is a need to reopen the case as specified in Section ~~16-3-1120(4)~~ 16-3-1102(3)."

SECTION 13. Section 16-3-1200 of the 1976 Code is amended to read:

"Section 16-3-1200. In determining the amount of an award, the ~~Deputy Director~~ director, the ~~Board~~ board, or its panel shall determine whether, because of his conduct the victim or intervenor of ~~such~~ the crime contributed to the infliction of his injury, and the ~~Deputy Director~~ director, the ~~Board~~ board, or its panel may reduce the amount of the award or reject the claim altogether in accordance with ~~such~~ that determination; provided, however, the ~~Deputy Director~~ director, the ~~Board~~ board, or its panel may disregard for this purpose the contribution of an intervenor for his own injury or death where the record shows that the contribution was attributable to efforts by the intervenor ~~as set forth in~~ as provided in subsection ~~(8)~~ (9) of Section 16-3-1110."

SECTION 14. Section 16-3-1220 of the 1976 Code, as last amended by Act 144 of 1991, is further amended to read:

"Section 16-3-1220. A person listed in Section 16-3-1210~~(1)~~ is not eligible to recover under this article if the person:

(1) committed or aided in the commission of the crime upon which the claim is based or engaged in other unlawful activity which contributed to or aggravated the resulting injury;

(2) is the surviving parent, spouse, or dependent of a deceased victim who would have been barred ~~by subsection (1)~~ under Section 16-3-1210 had he survived;

(3) is a dependent of the offender who committed the crime upon which the claim is based, and the offender would be a principal beneficiary of the award."

SECTION 15. Section 16-3-1230(2)(c) of the 1976 Code, as last amended by Act 181 of 1989, is further amended to read:

"(c) the discovery by the law enforcement agency that the occurrence was the result of crime. Upon good cause shown, the time for filing may be extended for a period not to exceed four years after the occurrence or death. 'Good cause' for the above purposes includes reliance upon advice of an official victim assistance specialist who either misinformed or neglected to inform a victim of rights and benefits ~~of the Victim's Compensation Fund~~ available through the department but does not mean simply ignorance of the law."

SECTION 16. Section 16-3-1260 of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:

(2) The circuit court, when placing on probation a person who owes a debt to the State as a consequence of a criminal act, may set as a condition of probation the payment of the debt or a portion of the debt to the State. The court also may set the schedule or amounts of payments subject to modification based on change of circumstances.

(3) The Department of Probation, Parole and Pardon Services ~~shall~~ also ~~have~~ has the right to make payment of the debt or a portion of the debt to the State a condition of parole or community supervision.

(4) When a juvenile is adjudicated delinquent in a family court proceeding involving a crime upon which a claim under this article can be made, the family court, in its discretion, may order that the juvenile pay the debt to the ~~State Office of Victim Assistance~~ department, as created by this article, as an adult would have to pay ~~had~~ if an adult committed the crime. Any assessments ordered may be made a condition of probation as provided in Section 20-7-7805.

(5) Payments authorized or required under this section must be paid to the ~~State Office of Victim Assistance~~ department. The director ~~of the State Office of Victim Assistance~~ shall coordinate the development of policies and procedures for the South Carolina Department of Corrections, the Department of Juvenile Justice, the South Carolina Office of Court Administration, the Department of Probation, Parole and Pardon Services, and the South Carolina Board of Probation, Parole and Pardon Services to assure that victim restitution programs are administered in an effective manner to increase payments into the ~~State Office of Victim Assistance~~ department.

SECTION 17. Section 16-3-1270 of the 1976 Code, as last amended by Act 34 of 1997, is further amended to read:

"Section 16-3-1270. If a person is unable at the time of sentencing or at any other time the court may set to pay a restitution charge imposed by the court pursuant to Sections 24-23-210 through 24-23-230, ~~such~~ the restitution charge shall constitute a lien against the offender and against any real or personal property of the offender. A restitution charge shall not constitute a lien if it is waived by the director pursuant to Section 24-23-210. ~~Such~~ The lien may be filed by the Attorney General in the respective offices of the clerks of court and registers of deeds of this State in the same manner state tax liens are filed and may be enforced and collected by the Attorney General in the same manner state tax liens are enforced and collected."

SECTION 18. Section 16-3-1290 of the 1976 Code is amended to read:

"Section 16-3-1290. (1) There is ~~hereby~~ created a special fund to be known as the Victim's Compensation Fund for the purpose of providing for the payment of all necessary and proper expenses incurred by the operation of the Victim's Compensation Fund and the payment of claims. The State Treasurer is the custodian of the fund and all monies in the fund are held by the State Treasurer.

(2) The funds placed in the Victim's Compensation Fund ~~shall~~ consist of:

(a) all money appropriated by the General Assembly, if any, for the purpose of compensating claimants under this article; ~~and~~

(b) money recovered on behalf of the State pursuant to this article by subrogation or other action,;

(d) money received from the federal government,;

(e) money received from additional court costs,;

(f) money received from assessments, surcharges, or fines,; or

(g) money received from any other public or private source, pursuant to this article.

(3) All administrative costs of this article, except the department director's salary, must be paid out of money collected pursuant to this article which has been deposited in the Victim's Compensation Fund.

(4) Interest earned on all monies held in the Victim's Compensation Fund ~~shall be remitted to the general fund of the State~~ is to be retained by the Victim's Compensation Fund and carried forward to succeeding fiscal years and must be applied for the same purposes."

SECTION 19. Section 16-3-1330 of the 1976 Code, as last amended by Act 367 of 1988, is further amended to read:

"Section 16-3-1330. When the director determines that projected revenue in any fiscal year will be insufficient to pay projected claims or awards in the amounts provided herein, he shall reduce the amount of all claims or awards by an amount equal to the ratio of projected revenue to the total projected claims or awards cost. When these reductions are required, the director shall inform the public through the media of the reductions as promptly as possible. The reductions apply to all claims or awards not paid as of the effective date of the reductions order.

Any award hereunder is specifically not a claim against the State if it cannot be paid due to a lack of funds in the ~~Victim's Compensation Fund~~ department."

SECTION 20. Section 16-3-1340 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 16-3-1340. A claimant may be represented by an attorney in proceedings under this article. Fees for such attorney must be paid from the Victim's Compensation Fund, subject to the approval of the director, except that in the event of an appeal pursuant to Section 16-3-1140, attorneys' fees are subject to the approval of the board or its panel hearing the appeal. ~~Attorneys for the South Carolina State Accident Fund shall represent the South Carolina Victim's Compensation Fund in proceedings under this article~~ Attorneys from the department represent the department in proceedings under this article.

~~Any~~ A person who receives any fee or other consideration or any gratuity on account of services so rendered, unless such consideration or gratuity is approved by the ~~Deputy Director~~ director, or who makes it a business to solicit employment for a lawyer or for himself in respect to any claim or award for compensation is guilty of a misdemeanor and, upon conviction, ~~must for each offense,~~ shall be punished for each offense, by a fine of not more than five hundred dollars or by imprisonment not to exceed one year, or by both ~~such fine and imprisonment~~."

SECTION 21. Section 16-3-1350 of the 1976 Code, as added by Act 141 of 1997, is amended to read:

(B) These exams must be standardized relevant to medical treatment and to gathering evidence from the body of the victim and must be based on and meet minimum standards for rape exam protocol as developed by the South Carolina Law Enforcement Division, the South Carolina Hospital Association, and the ~~Governor's Office Division of Victim Assistance~~ department with production costs to be paid from funds appropriated for the Victim's Compensation Fund. These exams must include treatment for venereal disease, and must include medication for pregnancy prevention if indicated and if desired. The South Carolina Law Enforcement Division must distribute these exam kits to any licensed health care facility providing sexual assault exams. When dealing with a victim of criminal sexual assault, the law enforcement agency immediately must transport the victim to the nearest licensed health care facility which performs sexual assault exams. A health care facility providing sexual assault exams must use the standardized protocol described above.

(D) The ~~Governor's Office Division of Victim Assistance~~ department must utilize existing funds appropriated from the general fund for the purpose of compensating licensed health care facilities for the cost of routine medical exams for sexual assault victims as described above. When the director determines that projected reimbursements in a fiscal year provided in this section exceed funds appropriated for payment of these reimbursements, he must direct the payment of the additional services from the Victim's Compensation Fund. For the purpose of this particular exam, the one hundred dollar deductible is waived for award eligibility under the fund. The ~~South Carolina Victim's Compensation Fund~~ department must develop appropriate guidelines and procedures and distribute them to law enforcement agencies and appropriate health care facilities."

SECTION 22. Section 16-3-1410 of the 1976 Code is amended to read:

"Section 16-3-1410. The ~~Victim Compensation Fund~~ South Carolina Department of Crime Victim Services is authorized to provide the following victim assistance services~~, contingent upon an appropriation of funds therefor by the General Assembly~~:

~~(A)~~ Provide information, training, and technical assistance to state and local agencies and groups involved in victim/witness and domestic violence assistance, such as the Attorney General's Office, the solicitors' offices, law enforcement agencies, judges, hospital staff, rape crisis centers, and spouse abuse shelters.

~~(B)~~ ~~Provide recommendations to the Governor and General Assembly on needed legislation and services for victims.~~

~~(C)~~(A) Serve as a clearinghouse of victim/witness information.;

~~(D) Develop guidelines for the implementation of victim/witness assistance programs.~~

~~(F)~~(C) Provide staff support for a state level advisory group representative of all agencies and groups involved in victim/witness and domestic violence services to improve coordination efforts. through including, but not limited to, the following:

(1) planning and co-sponsoring the annual Victim Rights Week celebration;

(2) providing emergency funds for crime victims;

(3) maintaining a website of resources;

(4) maintaining a comprehensive library;

(5) publishing quarterly publications; and

(6) providing general assistance with any other activities promoting coordination efforts.

~~(a)~~ ~~Periodically informing victims of the status of a case.~~

~~(b)~~ ~~Providing information to the court on the views of victims of violent crime on bail decisions, continuances, plea bargains, dismissals, sentencing, and restitution.~~

~~(c)~~ ~~Pursuing charges of defendants who harass, threaten, injure, or otherwise attempt to intimidate or retaliate against victims or witnesses.~~

~~(d)~~(D) maintain and program ~~Utilizing~~ a victim ~~and witness on-call~~ electronic data collection and notification system.