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GEORGIA CODE (Last Updated: August 20, 2013) |
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Title 17. CRIMINAL PROCEDURE |
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Chapter 15. VICTIM COMPENSATION |
Section 17-15-2. Definitions
Latest version.
- As used in this chapter, the term:
(1) "Board" means the Criminal Justice Coordinating Council.
(2) "Claimant" means any person filing a claim pursuant to this chapter.
(3) "Crime" means:
(A) An act which constitutes hit and run as defined in Code Section 40-6-270, homicide by vehicle as defined in Code Section 40-6-393, serious injury by vehicle as defined in Code Section 40-6-394, or any act which constitutes a violation of Code Section 16-5-46 or Chapter 6 or Part 2 of Article 3 of Chapter 12 of Title 16, a violation of Code Section 16-5-70, or a violent crime as defined by state or federal law which results in physical injury, serious mental or emotional trauma, or death to the victim and which is committed:
(i) In this state;
(ii) In a state which does not have a victims' compensation program, if the victim is a resident of this state; or
(iii) In a state which has compensated the victim in an amount less than the victim would be entitled to pursuant to this chapter, if the victim is a resident of this state;
(B) An act which constitutes international terrorism as defined in 18 U.S.C. Section 2331 which results in physical injury, serious mental or emotional trauma, or death to the victim, if the victim is a resident of this state and is outside the territorial boundaries of the United States when such act is committed; or
(C) An act of mass violence which results in physical injury, serious mental or emotional trauma, or death to the victim, if the victim is a resident of this state and is outside the territorial boundaries of the United States when such act is committed.
(4) "Direct service provider" means a public or nonprofit entity which provides aid, care, and assistance to a victim.
(5) "Director" means the director of the Criminal Justice Coordinating Council.
(6) "Forensic medical examination" means an examination provided to a person pursuant to subsection (c) of Code Section 16-6-1 or subsection (c) of Code Section 16-6-2 by trained medical personnel in order to gather evidence. Such examination shall include, but shall not be limited to:
(A) An examination for physical trauma;
(B) A determination as to the nature and extent of the physical trauma;
(C) A patient interview;
(D) Collection and evaluation of the evidence collected; and
(E) Any additional testing deemed necessary by the examiner in order to collect evidence and provide treatment.
(7) "Fund" means the Georgia Crime Victims Emergency Fund.
(8) "Investigator" means an investigator of the board.
(9) "Serious mental or emotional trauma" means a nonphysical injury which has been documented by a licensed mental health professional and which meets the specifications promulgated by the board's rules and regulations relating to this type of trauma.
(10) "Victim" means a person who:
(A) Is injured physically, who dies, or who suffers financial hardship as a result of being injured physically as a direct result of a crime;
(B) Suffers a serious mental or emotional trauma as a result of being threatened with a crime which could result in physical injury or death;
(C) Suffers a serious mental or emotional trauma as a result of being present during the commission of a crime; or
(D) Suffers a serious mental or emotional trauma as a result of being trafficked for labor or sexual servitude as defined in Code Section 16-5-46.
Code 1981, § 17-15-2, enacted by Ga. L. 1988, p. 591, § 1; Ga. L. 1990, p. 8, § 17; Ga. L. 1994, p. 1800, § 1; Ga. L. 1997, p. 481, § 1; Ga. L. 2002, p. 843, § 2; Ga. L. 2009, p. 195, § 2/SB 172; Ga. L. 2011, p. 214, § 4/HB 503; Ga. L. 2011, p. 217, § 4/HB 200; Ga. L. 2012, p. 775, § 17/HB 942.