2005 Idaho Code - 72-1003 — DEFINITIONS

                                  TITLE  72
                      WORKER'S COMPENSATION AND RELATED
                        LAWS -- INDUSTRIAL COMMISSION
                                  CHAPTER 10
                          CRIME VICTIMS COMPENSATION
    72-1003.  DEFINITIONS. As used in this chapter:
    (1)  "Claimant" means any of the following claiming compensation under
this chapter:
    (a)  A victim;
    (b)  A dependent of a deceased victim; or
    (c)  An authorized person acting on behalf of any of them, including
    parent(s), legal guardian(s), and sibling(s), of a victim who is a minor.
    (2)  "Collateral source" means a source of benefits, other than welfare
benefits, or advantages for economic loss otherwise compensable under this
chapter which the claimant has received or which is readily available to him
from:
    (a)  The offender;
    (b)  The government of the United States or any agency thereof, a state or
    any of its political subdivisions, or an instrumentality of two (2) or
    more states, unless the law providing for the benefits or advantages makes
    them excess or secondary to benefits under this chapter;
    (c)  Social security, medicare, and medicaid;
    (d)  Worker's compensation;
    (e)  Wage continuation programs of any employer;
    (f)  Proceeds of a contract of insurance payable to the claimant for loss
    which was sustained because of the criminally injurious conduct; or
    (g)  A contract, including an insurance contract, providing hospital and
    other health care services or benefits for disability. Any such contract
    in this state may not provide that benefits under this chapter shall be a
    substitute for benefits under the contract or that the contract is a
    secondary source of benefits and benefits under this chapter are a primary
    source.
    (3)  "Commission" means the industrial commission.
    (4)  "Criminally injurious conduct" means intentional, knowing, or
reckless conduct that:
    (a)  Occurs or is attempted in this state or occurs outside the state of
    Idaho against a resident of the state of Idaho and which occurred in a
    state which does not have a crime victims compensation program for which
    the victim is eligible as eligibility is set forth in this statute;
    (b)  Constitutes an act of terrorism as defined by 18 U.S.C. 2331,
    committed  outside the United States against a resident of this state;
    (c)  Results in injury or death; and
    (d)  Is punishable by fine, imprisonment, or death or would be so
    punishable but for the fact that the person engaging in the conduct lacked
    capacity to commit the crime under the laws of this state. Criminally
    injurious conduct does not include conduct arising out of the ownership,
    maintenance, or use of a motor vehicle except when intended to cause
    personal injury or death; provided that criminally injurious conduct shall
    include violations of the provisions of section 18-4006 3(b), 18-8004,
    18-8006, 18-8007, 67-7027, 67-7034 or 67-7035, Idaho Code.
    (5)  "Dependent" means a natural person who is recognized under the law of
this state to be wholly or partially dependent upon the victim for care or
support and includes a child if under the age of eighteen (18) years or
incapable of self-support and unmarried and includes a child of the victim
conceived before the victim's death but born after the victim's death,
including a child that is conceived as a result of the criminally injurious
conduct.
    (6)  "Extenuating circumstances" means that a victim requires further
mental health treatment due to trauma arising out of covered criminal conduct
in order to perform major life functions or the activities of daily living.
    (7)  "Injury" means actual bodily harm or disfigurement and, with respect
to a victim, includes pregnancy, venereal disease, mental or nervous shock, or
extreme mental distress. For the purposes of this chapter, "extreme mental
distress" means a substantial personal disorder of emotional processes,
thought or cognition which impairs judgment, behavior or ability to cope with
the ordinary demands of life.
    (8)  "Victim" means a person who suffers injury or death as a result of:
    (a)  Criminally injurious conduct;
    (b)  His good faith effort to prevent criminally injurious conduct; or
    (c)  His good faith effort to apprehend a person reasonably suspected of
    engaging in criminally injurious conduct.
    (9)  "Welfare benefits" as used in subsection (2) of this section, shall
include sums payable to or on behalf of an indigent person under chapter 35,
title 31, Idaho Code.