Missouri Revised Statutes
Chapter 595 - Victims of Crimes, Compensation and Services
Section 595.020 - Eligibility for compensation.

Effective - 28 Aug 2018, 2 histories
595.020. Eligibility for compensation. — 1. Except as hereinafter provided, the following persons shall be eligible for compensation pursuant to sections 595.010 to 595.075:
(1) A victim of a crime;
(2) In the case of a sexual assault victim, a relative of the victim requiring counseling in order to better assist the victim in his recovery; and
(3) In the case of the death of the victim as a direct result of the crime:
(a) A dependent of the victim;
(b) Any member of the family who legally assumes the obligation, or who pays the medical or burial expenses incurred as a direct result thereof; and
(c) A survivor of the victim requiring counseling as a direct result of the death of the victim.
2. An offender or an accomplice of an offender shall in no case be eligible to receive compensation with respect to a crime committed by the offender. No victim or dependent shall be denied compensation solely because he is a relative of the offender or was living with the offender as a family or household member at the time of the injury or death. However, the department may award compensation to a victim or dependent who is a relative, family or household member of the offender only if the department can reasonably determine the offender will receive no substantial economic benefit or unjust enrichment from the compensation.
3. No compensation of any kind may be made to a victim or intervenor injured while confined in any federal, state, county, or municipal jail, prison or other correctional facility, including house arrest or electronic monitoring.
4. In the case of a claimant who is incarcerated as a result of a conviction of a crime not related to the incident upon which the claim is based at the time of application, or at any time following the filing of the application:
(1) The department shall suspend all proceedings and payments until such time as the claimant is released from incarceration;
(2) The department shall notify the applicant at the time the proceedings are suspended of the right to reactivate the claim within six months of release from incarceration. The notice shall be deemed sufficient if mailed to the applicant at the applicant's last known address;
(3) The claimant shall file an application to request that the case be reactivated not later than six months after the date the claimant is released from incarceration. Failure to file such request within the six-month period shall serve as a bar to any recovery.
5. A Missouri resident who suffers personal injury or, in the case of death, a dependent of the victim or any member of the family who legally assumes the obligation, or who pays the medical or burial expenses incurred as a direct result thereof, in another state, possession or territory of the United States may make application for compensation in Missouri if:
(1) The victim of the crime would be compensated if the crime had occurred in the state of Missouri;
(2) The place that the crime occurred is a state, possession or territory of the United States, or location outside of the United States that is covered and defined in 18 U.S.C. Section 2331, that does not have a crime victims' compensation program for which the victim is eligible and which provides at least the same compensation that the victim would have received if he had been injured in Missouri.
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(L. 1981 H.B. 41, et al. § 3, A.L. 1985 H.B. 715, A.L. 1989 H.B. 502, et al. merged with S.B. 138, A.L. 1990 H.B. 974, A.L. 1993 S.B. 19, A.L. 1994 S.B. 554, A.L. 1997 S.B. 430, A.L. 2009 S.B. 338, A.L. 2018 H.B. 1355)

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders

Chapter 595 - Victims of Crimes, Compensation and Services

Section 595.010 - Definitions.

Section 595.015 - Compensation claims, department of public safety to administer, method — application filed with department, form, contents — cooperation with law enforcement — information to be made available to department.

Section 595.020 - Eligibility for compensation.

Section 595.025 - Claims, filing and hearing, procedure, who may file — time limitation — amount of compensation, considerations — attorney's fees — examination, report by health care provider, when — exemption from collection.

Section 595.027 - Medical providers to submit information, when, penalty — medical providers, defined.

Section 595.030 - Compensation, paid when — medical care, requirements — counseling, requirements — maximum award — joint claimants, distribution — method, timing of payment determined by department — negotiations with providers.

Section 595.035 - Award standards to be established — amount of award, factors to be considered — purpose of fund, reduction for other compensation received by victim, exceptions.

Section 595.036 - Grievances, decision of department, appeal to administrative hearing commission.

Section 595.037 - Open records, exceptions — department order to close records.

Section 595.040 - Subrogation, state's right, when — attorney general to bring action — lien for injuries, proceeding by claimant to recover damages, department may intervene — department may receive restitution.

Section 595.045 - Funding — costs for certain violations, amount, distribution of funds, audit — judgments in certain cases, amount — failure to pay, effect, notice — court cost deducted — insufficient funds to pay claims, procedure — interest earned...

Section 595.050 - Contracts for services to victims, requirements, limitations.

Section 595.055 - Services for victims not provided, when.

Section 595.060 - Rules, authority — procedure.

Section 595.065 - Orders for payment, when effective.

Section 595.075 - Payments to witness, victim's compensation, inadmissible as evidence.

Section 595.100 - Funding, administration.

Section 595.105 - Funding for shelters for victims of domestic violence and agencies providing services for certain crime victims.

Section 595.120 - National human trafficking resource center hotline, department poster, contents — display, where — available on department website — penalty for failure to post.

Section 595.200 - Definitions.

Section 595.201 - Sexual assault survivors' bill of rights — definitions — rights enumerated, notice required — document required.

Section 595.202 - Missouri rights of victims of sexual assault task force — members, duties — report — expiration date.

Section 595.206 - Victims eligible for services.

Section 595.209 - Rights of victims and witnesses — written notification, requirements.

Section 595.210 - Victims of sexually violent offenses, right to testify at parole hearings.

Section 595.212 - Prosecuting attorneys to maintain program to afford rights to victims and witnesses — funding and approval of agency programs.

Section 595.215 - Duty of cooperation for prosecutor, law enforcement and social service agencies.

Section 595.218 - Construction of provisions, no cause of action created against public employees or agencies.

Section 595.220 - Forensic examinations, department of public safety to pay medical providers, when — minor may consent to examination, when — forms — collection kits — definitions — electronic evidence tracking system, requirements — unreported evid...

Section 595.223 - Polygraph tests and psychological stress evaluator exams not permitted, when.

Section 595.226 - Identifiable information in court records to be redacted, when — disclosure of information permitted, when — disclosure of identifying information regarding defendant, when.

Section 595.229 - Plea bargain, sentencing, victim's right to appear or make statement — notice to victim.

Section 595.232 - Identity theft — rights of victims — definition — incident reports, discretion of law enforcement not affected.

Section 595.320 - Domestic assault offenders, costs of batterer intervention program, how paid.