949.06 (1) (br) If as a direct result of the personal injury, the victim suffered a protracted disability, reasonable and necessary housing accessibility adaptations, but not to exceed $5,000.
350,16
Section
16. 949.06 (1) (cg) of the statutes is created to read:
949.06 (1) (cg) Reasonable replacement value of any computer or mobile telephone that is held for evidentiary purposes, but not to exceed $200.
350,17
Section
17. 949.06 (1) (d) of the statutes is amended to read:
949.06 (1) (d) Reasonable funeral and burial expenses, not to exceed $2,000 $5,000. The funeral and burial award may not be considered by the department under sub. (2).
350,18
Section
18. 949.06 (1) (e) of the statutes is renumbered 949.06 (1) (e) (intro.) and amended to read:
949.06 (1) (e) (intro.) Dependent's economic loss, which shall include contributions of things of economic value provided by the victim to dependents but lost as a result of the victim's death. Loss of support, which shall be determined on the basis of the victim's net salary annual income at the time of death, and shall be calculated as an amount equal to 4 times follows:
1. The department shall determine the victim's
average net annual earnings income, and shall multiply that amount by 4. Subject to subds. 2. and 3., the loss of support award is this amount.
350,19
Section
19. 949.06 (1) (e) 2. and 3. of the statutes are created to read:
949.06 (1) (e) 2. The department shall deduct from the amount calculated under subd. 1. an amount equal to benefits the dependents received or are to receive, over the course of 4 years, as a survivor benefit from the federal social security program.
3. The department shall deduct from the amount calculated under subd. 1. the amount of any life insurance proceeds the dependents received as a result of the victim's death.
350,20
Section
20. 949.06 (1m) (a) of the statutes is amended to read:
949.06 (1m) (a) In this subsection, "family member" means any spouse, domestic partner under ch. 770, parent, grandparent, stepparent, foster parent, child, stepchild, adopted child, grandchild, foster child, brother, sister, half brother, or half sister
, aunt, uncle, nephew, niece, or parent or sibling of spouse or of a domestic partner under ch. 770.
350,21
Section
21. 949.06 (1m) (b) of the statutes is amended to read:
949.06 (1m) (b) In accordance with this subchapter, the department shall make awards, as appropriate, to persons who, immediately prior to the crime, lived in the same household with and to family members of a victim of s. 940.01, 940.02, 940.05, 940.06, 940.07, 940.08 or 940.09 for any of the economic losses specified in sub. (1) as a result of the person's or family member's reaction to the death. A dependent may recover both under sub. (1) and this subsection, subject to the limitation under sub. (2) s. 949.08 (1m) (a).
350,22
Section
22. 949.06 (2) of the statutes is renumbered 949.08 (1m) (a) and amended to read:
949.08 (1m) (a) The Except as provided in par. (b), the department may not make an award of more than $40,000 for any one injury or death and the department may not make any award for expenses incurred after 4 years from the date of the injury or death.
350,23
Section
23. 949.06 (3) (b) of the statutes is amended to read:
949.06 (3) (b) From insurance payments or program, including worker's compensation and unemployment insurance. The department may reduce an award related to a crime under s. 346.62 (4), 346.63 (2) or (6), 940.09, 940.10, or 940.25, if the victim was not in compliance with s. 344.62 (1) at the time of the crime, by an amount equal to the payment the victim would have received from an insurance program or payment if the victim had been in compliance with s. 344.62 (1). The department may not reduce an award by an amount received or to be received from an insurance payment or program if it has deducted that amount from an award for economic loss under sub. (1) (e) 3.
350,24
Section
24. 949.06 (3) (d) of the statutes is repealed.
350,25
Section
25. 949.07 of the statutes is amended to read:
949.07 Manner of payment. The award, combining both the compensation award and the funeral and burial award, if applicable, shall may be paid in a lump sum, except that in the case of death or protracted disability the award may provide for or in periodic payments. The department may pay any portion of an award directly to the provider of any service which is the basis for that portion of the award. No award may be subject to execution, attachment, garnishment or other process, except that an award for allowable expense is not exempt from a claim of a creditor to the extent that the creditor provided products, services or accommodations the costs of which are included in the award.
350,26
Section
26. 949.08 (1) of the statutes is amended to read:
949.08 (1) No order for the payment of an award may be made unless the application was made within 1 year after the date of the personal injury or death, and the personal injury or death was the result of an incident or offense which had been reported to the police within 5 days of its occurrence or, if the incident or offense could not reasonably have been reported within such period, within 5 days of the time when a report could reasonably have been made. The department may waive the one-year requirement requirements under this subsection in the interest of justice.
350,27
Section
27. 949.08 (1m) (b) of the statutes is created to read:
949.08 (1m) (b) If an applicant was a child at the time of the injury, the department may consider for payment eligible expenses that the applicant incurred not more than 1 year before he or she submitted an application for an award under this subchapter. The department may not make any award after 4 years have passed since the date the person made the application or after 4 years have passed since the date on which the person incurred the expense prior to submitting the application, whichever occurs first.
350,28
Section
28. 949.08 (2) (e) of the statutes is amended to read:
949.08 (2) (e) Is an adult passenger in the offender's vehicle, the crime involved is specified in s. 346.63 (2) or 940.25, and the passenger knew the offender was committing that offense under the influence of an intoxicant, a controlled substance, or another drug to a degree that renders him or her incapable of safely driving. This paragraph does not apply if the victim is also a victim of a crime specified in s. 940.30, 940.305, 940.31 or 948.30.
350,29
Section
29. 949.08 (2) (em) of the statutes is amended to read:
949.08 (2) (em) Is an adult passenger in the offender's commercial motor vehicle, the crime involved is specified in s. 346.63 (6) or 940.25, and the passenger knew the offender was committing that offense
under the influence of an intoxicant, a controlled substance, or another drug to a degree that renders him or her incapable of safely driving. This paragraph does not apply if the victim is also a victim of a crime specified in s. 940.30, 940.305, 940.31, or 948.30.
350,30
Section
30. 949.10 of the statutes is repealed.
