CHAPTER 156

FORMERLY

HOUSE BILL NO. 257

AS AMENDED BY HOUSE AMENDMENT NOS. 1 AND 2

AN ACT TO AMEND CHAPTER 90, TITLE 11 OF THE DELAWARE CODE RELATING TO COMPENSATION FOR INNOCENT VICTIMS OF CRIME.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Section 9002, Chapter 90, Title 11 of the Delaware Code by striking existing paragraph (8) in its entirety and in lieu thereof substituting the following:

"(8) 'Pecuniary loss' in instances of personal injury shall include medical expenses, including psychiatric care and mental health counseling of the victim or secondary victims; nonmedical remedial care and treatment rendered in accordance with a religious method of healing; hospital expenses; loss of past earnings; and loss of future earnings because of a disability resulting from such personal injury. 'Pecuniary loss' in instances of death of the victim shall include funeral and burial expenses, loss of support to the dependents of the victim and mental health counseling to secondary victims. 'Pecuniary loss' includes any other expenses actually and necessarily incurred as a result of the personal injury or death, but it does not include property damage."

Section 2. Amend Section 9002, Chapter 90, Title 11 of the Delaware Code by adding thereto a new paragraph to read as follows:

"(10) 'Secondary victims' shall mean any parent, son, daughter, spouse, brother, or sister of the victim."

Section 3. The provisions of this Act shall be applicable to pecuniary losses which result from crimes occurring on or after January 1, 1992.

Approved July 14, 1993.