CHAPTER 436

FORMERLY

HOUSE BILL NO. 988

AN ACT TO AMEND CHAPTER 90, TITLE 11, DELAWARE CODE RELATING TO THE VIOLENT CRIMES COMPENSATION BOARD.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Amend §9001, Chapter 90, Title 11,

Delaware Code by striking the words "needy domiciliaries of this State" as the same appear therein in their entirety and substituting in lieu thereof the word "persons".

Section 2. Amend §9002 (4), Chapter 90, Title 11,

Delaware Code by striking the word "partially" as the same appears therein in its entirety and substituting in lieu thereof the word "substantially".

Section 3. Amend §9003, Chapter 90, Title 11,

Delaware Code by striking said Section in its entirety and substituting in lieu thereof a new §9003 to read as follows:

"§9003. Compensation Board.

There is hereby established a Board, to be known as the Violent Crimes Compensation Board, which Board shall have the sole jurisdiction over the awarding of compensation for victims of crimes. The Board shall be composed of 5 members to be appointed by the Governor. No more than 3 members shall be of 1 major political party. Each appointment shall be effective only upon receiving consent of the Senate. The initial Chairman of the Board shall be appointed by the Governor to serve as such for 1 year, and each year thereafter the Board shall choose its Chairman. Three members shall constitute a quorum for all hearings and

business of the Board, except a hearing in which the claimant has requested no more than $500.00 compensation and in that instance a quorum of the Board shall be 1 member. The terms of office of each member of the Board shall be three years; provided, however, that 1 of the members first appointed shall be appointed for a term of 1 year, 2 others for a term of 2 years each, and the remainder of the members for a full term of 3 years. The compensation of the Chairman shall be $2,500.00 annually and the compensation of the members shall be $2,000.00 annually."

Section 4. Amend §9005 (3), Chapter 90, Title 11,

Delaware Code by striking said section in its entirety and substituting in lieu thereof a new subsection to read as follows:

"(3) The Board is not compelled to provide compensation in any case, nor is it compelled to award the full amount claimed. The Board may make its award of compensation dependent upon such condition or conditions as it deems desirable. Any claimant who is aggrieved by the Board's decision concerning compensation or any conditions attached to the award of such compensation may appeal to the Superior Court within 30 (thirty) days of the decision of the Board. Any appeal to Superior Court shall not be de novo."

Section 5. Amend §9005(5), Chapter 90, Title 11,

Delaware Code by striking the period after the word "passed" and substituting in lieu thereof the words "unless the claimant has waived his right to appeal in writing. ".

Section 6. Amend §9007 (c), Chapter 90, Title 11,

Delaware Code by inserting after the word "physical" and before the word "examination" as the same appear therein the words "or mental".

Section 7. Amend §9008 (a), Chapter 90, Title 11,

Delaware Code by inserting after the word "be" and before the word "verified" as the same appear in the first sentence thereof the words "written and".

Section 8. Amend §9008(c) and (d), Chapter 90, Ti-

tle 11, Delaware Code by striking said subsections in their entirety.

Section 9. Amend §9012(a), Chapter 90, Title 11,

Delaware Code by striking the words ", other than fines imposed by a municipality as a penalty for a violation of a local ordinance" as the same appear therein in their entirety.

Section 10. Amend §9013, Chapter 90, Title 11,

Delaware Code by striking the words "a brief description of the facts in each case and" as the same appear therein in their entirety.

Section 11. Amend Chapter 90, Title 11, Delaware

Code by adding thereto a new section to be designated as §9015 to read as follows:

"§9015. Oaths, Testimony, and the Production of Records.

The Board, each member of the Board and the Executive Director shall have the power to administer oaths, subpoena witnesses, and compel the production of books, papers, and records relevant to any investigation or hearing authorized by this Chapter. Any person who shall fail to appear in response to a subpoena or to answer any question, or produce any books, papers, and records relevant to any such investigation or hearing may be compelled to do so by order of the Superior Court."

Section 12. Amend Chapter 90, Title 11, Delaware

Code by adding thereto a new section to be designated as §9016 to read as follows:

"§9016. Filing a False Claim .

Any person who files a claim under the provisions of this Chapter which is false in part or in whole shall be guilty of making a false written statement in violation of §1233, Title 11, Delaware Code.

(b) Any person who files a false claim under the provisions of this Chapter shall forfeit any compensation and shall reimburse and repay the Board for any compensation received pursuant to any of the provisions of this Chapter."

Section 13. Amend Chapter 90, Title 11, Delaware Code by adding thereto a new section to be designated as §9017 to read as follows:

"§9017. Persons to whom this Chapter is applicable

This Chapter shall apply to all persons who are victims of crimes committed on January 1, 1975 or thereafter within this State."

Approved May 29, 1976