17-15-8.(a) No award may be made unless the board or
director finds that:(1) A
crime was committed;(2) The
crime directly resulted in the victiḿs
physical injury, financial hardship as a result of the
victiḿs
physical injury, or the victiḿs
death;(3) Police records
show that the crime was promptly reported to the proper
authorities. In no case may an award be made where the police
records show that such report was made more than 72 hours after the
occurrence of such crime unless the board, for good cause shown,
finds the delay to have been justified; and(4) The applicant has pursued restitution rights
against any person who committed the crime unless the board or
director determines that such action would not be feasible.The board, upon finding that any
claimant or award recipient has not fully cooperated with all law
enforcement agencies, may deny, reduce, or withdraw any
award.(b) Any award made
pursuant to this chapter may be in an amount not exceeding actual
expenses, including indebtedness reasonably incurred for medical
expenses, loss of wages, funeral expenses, mental health
counseling, or support for dependents of a deceased victim
necessary as a direct result of the injury or hardship upon which
the claim is based.(c)(1)
Notwithstanding any other provisions of this chapter, no award made
under the provisions of this chapter shall exceed $1,000.00 in the
aggregate; provided, however, with respect to any claim filed with
the board as a result of a crime occurring on or after July 1,
1994, no award made under the provisions of this chapter payable to
a victim and to all other claimants sustaining economic loss
because of injury to or death of such victim shall exceed $5,000.00
in the aggregate; provided, however, with respect to any claim
filed with the board as a result of a crime occurring on or after
July 1, 1995, no award made under the provisions of this chapter
payable to a victim and to all other claimants sustaining economic
loss because of injury to or death of such victim shall exceed
$10,000.00 in the aggregate; provided, further, with respect to any
claim filed with the board as a result of a crime occurring on or
after July 1, 2002, no award made under the provisions of this
chapter payable to a victim and to all other claimants sustaining
economic loss because of injury to or death of such victim shall
exceed $25,000.00 in the aggregate.(2) No award under this chapter for the
following losses shall exceed the maximum amount authorized:
Category
Maximum
Award
Lost wages
$ 10,000.00
Funeral expenses
3,000.00
Financial hardship orloss of support
10,000.00
Medical
15,000.00
Counseling
3,000.00
Crime scene sanitization
1,500.00
(d) In determining the amount of an
award, the director and board shall determine whether because of
his or her conduct the victim of such crime contributed to the
infliction of his or her injury or financial hardship, and the
director and board may reduce the amount of the award or reject the
claim altogether in accordance with such determination.(e) The director and board may
reject an application for an award when the claimant has failed to
cooperate in the verification of the information contained in the
application.(f) Any award
made pursuant to this chapter may be reduced by or set off by the
amount of any payments received or to be received as a result of
the injury:(1) From or on
behalf of the person who committed the crime; and(2) From any other private or public
source, including an award of workerścompensation
pursuant to the laws of this state,provided that private sources shall not include
contributions received from family members or persons or private
organizations making charitable donations to a victim.(g) No award made pursuant to this
chapter is subject to garnishment, execution, or attachment other
than for expenses resulting from the injury which is the basis for
the claim.(h) An award made
pursuant to this chapter shall not constitute a payment which is
treated as ordinary income under either the provisions of Chapter 7
of Title 48 or, to the extent lawful, under the United States
Internal Revenue Code.(i)
Notwithstanding any other provisions of this chapter to the
contrary, no awards from state funds shall be paid prior to July 1,
1989.(j) In any case where a
crime results in death, the spouse, children, parents, or siblings
of such deceased victim may be considered eligible for an award for
the cost of psychological counseling which is deemed necessary as a
direct result of said criminal incident. The maximum award for said
counseling expenses shall not exceed $3,000.00 in the
aggregate.(k)(1) In addition
to any other award authorized by this Code section, in any case
where a deceased was a victim of homicide by vehicle caused by a
violation of Code Section 40-6-391 on any road which is part of the
state highway system, upon request of the next of kin of the
deceased, an award of compensation in the form of a memorial sign
erected by the Department of Transportation as provided by this
subsection shall be paid to an eligible claimant.(2) The provisions of paragraph (4)
of subsection (a) of this Code section shall not apply for purposes
of eligibility for awards made under this subsection, and the value
of any award paid to a claimant under this subsection shall not
apply toward or be subject to any limitation on award amounts paid
to any claimant under other provisions of this Code section.(3) The Department of
Transportation, upon receiving payment for the cost of materials
and labor from the board, shall upon request of the next of kin of
the deceased erect a sign memorializing the deceased on the right
of way of such public highway at the location of the accident or as
near thereto as safely and reasonably possible and shall maintain
such sign for a period of five years from the date the sign is
erected unless its earlier removal is requested in writing by the
next of kin. Such sign shall be 24 inches wide by 36 inches high
and depict a map of the State of Georgia, with a dark blue
background and a black outline of the state boundaries. A border of
white stars shall be placed on the inside of the state boundaries,
and the sign shall contain the words 'In Memory of(name),
DUI Victim(date of
accident).'(4) In the event of multiple such
claims arising out of a single motor vehicle accident, the names of
all deceased victims for whom such claims are made and for whom a
request has been made by the next of kin of the deceased may be
placed on one such sign or, if necessary, on one such sign and a
plaque beneath of the same color as the sign. In the event of
multiple claims relating to the same deceased victim, no more than
one such sign shall be paid for and erected for such victim.
Disclaimer: These codes may not be the most recent version. Georgia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.