2015 Kentucky Revised Statutes CHAPTER 346 - COMPENSATION OF CRIME VICTIMS 346.140 Reduction of award -- Determination of victim's contribution -- Basis for denial of claim.
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346.140 Reduction of award -- Determination of victim's contribution -- Basis for
denial of claim.
(1)
(2)
(3)
Any award made pursuant to this chapter shall be reduced by the amount of any
payments received or to be received by the claimant as a result of the injury from
the following sources:
(a) From or on behalf of the person who committed the crime;
(b) Under insurance programs mandated by law;
(c) From public funds;
(d) Under any contract of insurance wherein the claimant is the insured or
beneficiary;
(e) As an emergency award pursuant to KRS 346.120; and
(f) From donations made on behalf of the victim or claimant toward expenses
incurred as a result of the crime.
In determining the amount of an award, the board or board member shall determine
whether, because of his or her conduct, the claimant or the victim of such crime
contributed to the infliction of the victim's injury, and shall reduce the amount of
the award or reject the claim altogether, in accordance with such determination;
however, the board or board member may disregard for this purpose the
responsibility of the claimant or the victim for the victim's injury where the record
shows that such responsibility was attributable to efforts by the claimant or victim
to prevent a crime or an attempted crime from occurrence in his or her presence or
to apprehend a person who had committed a crime in his or her presence or had in
fact committed a felony. The board or board members may request that either the
county attorney or Commonwealth's attorney or both state whether in their opinion,
the victim suffered injuries as the result of a crime and has cooperated with the
prosecution and law enforcement authorities. The board or board member shall not
be bound by such opinions and recommendations and if needed may order a further
investigation of the claim.
The board or board member may consider whether the victim's injuries were the
ordinary and foreseeable result of unlawful and criminal activities in determining
the claimant's eligibility for an award. If the board or board member finds that the
claimant will not suffer serious financial hardship if not granted financial assistance
pursuant to this chapter, the board or board member shall deny an award. In
determining such serious financial hardship, the board or board member shall
consider all of the financial resources of the claimant. The board shall establish
specific standards by rule for determining such serious financial hardships.
Effective: June 25, 2013
History: Amended 2013 Ky. Acts ch. 69, sec. 5, effective June 25, 2013. -- Amended
1980 Ky. Acts ch. 172, sec. 5, effective July 15, 1980. -- Created 1976 Ky. Acts ch.
263, sec. 14.
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