Colo. Rev. Stat. § 24-4.1-102

Current through 11/5/2024 election

Section 24-4.1-102 - Definitions

As used in this part 1, unless the context otherwise requires:

(1) "Applicant" means any victim of a compensable crime who applies to the fund for compensation under this part 1. In the case of such a victim's death, the term includes any person who was the victim's dependent at the time of the death of that victim.

(1.3) "Assault by strangulation" means assault as described in section 18-3-202 (1)(g) or 18-3-203 (1)(i).

(2) "Board" means the crime victim compensation board in each judicial district.

(3) "Child" means an unmarried person who is under eighteen years of age. The term includes a posthumous child, a stepchild, or an adopted child.

(4)

(a) "Compensable crime" means:

(I) An intentional, knowing, reckless, or criminally negligent act of a person or any act in violation of section 42-4-1301 (1) or (2) that results in residential property damage to or injury or death of another person or results in loss of or damage to eyeglasses, dentures, hearing aids, or other prosthetic or medically necessary devices and which, if committed by a person of full legal capacity, is punishable as a crime in this state; or

(II) An act in violation of section 42-4-1402, C.R.S., that results in the death or bodily injury of another person or section 42-4-1601, C.R.S., where the accident results in the death or bodily injury of another person.

(b) "Compensable crime" includes, but is not limited to, any state offense that is a crime pursuant to section 24-4.1-302 (1) and any federal offense that is comparable to those specified in subsection (4)(a) of this section and is committed in this state.

(5)

(a) "Dependent" means relatives of a deceased victim who, wholly or partially, were dependent upon the victim's income at the time of death or would have been so dependent but for the victim's incapacity due to the injury from which the death resulted.

(b) "Dependent" also means a child or intimate partner of the accused or other person in an intimate relationship, as defined in section 18-6-800.3, with the accused, if the accused provided household support to the dependent.

(6) "Economic loss" means economic detriment consisting only of allowable expense, net income, replacement services loss, and, if injury causes death, dependent's economic loss. The term does not include noneconomic detriment.

(7) "Fund" means the crime victim compensation fund as established in each judicial district.

(7.5) "Household support" means the monetary support that a dependent would have received from the accused for the purpose of maintaining a home or residence and dependent care.

(8) "Injury" means impairment of a person's physical or mental condition and includes pregnancy.

(8.5)

(a) "Property damage" means damage to windows, doors, locks, or other security devices of a residential dwelling and includes damage to a leased residential dwelling.

(b) "Property damage" also includes expenses related to the rekeying of a motor vehicle or other locks necessary to ensure a victim's safety and may include expenses incurred for a motor vehicle that is determined by law enforcement to be where a compensable crime was committed.

(9) "Relative" means a victim's intimate partner, parent, grandparent, stepfather, stepmother, child, grandchild, brother, sister, half brother, half sister, or spouse's parents. The term includes said relationships that are created as a result of adoption. In addition, "relative" includes any person who has a family-type relationship with a victim.

(9.5) "Replacement services loss" means expenses reasonably incurred in obtaining necessary services that an injured or deceased victim would otherwise have performed for the benefit of the victim's self or family, but not for income, if the victim had not been injured or died.

(10)

(a) "Victim" means any of the following persons who suffer property damage, economic loss, injury, or death as a result of a compensable crime perpetrated or attempted in whole or in part in this state:

(I) Any person against whom a compensable crime is perpetrated or attempted. Such a person is a "primary victim".

(II) and (III) (Deleted by amendment, L. 2024.)

(b) "Victim" also means a person who suffers injury or death, the proximate cause of which is a compensable crime perpetrated or attempted in the person's presence against a primary victim. Such a person is a "secondary victim" and also includes:

(I) Any person who attempts to assist or assists a primary victim; or

(II) Any person who is a relative of a primary victim.

(c) "Victim" also means a person who is a resident of this state and who is a victim of a crime that occurred outside of this state, where the crime would be a compensable crime had it occurred in this state and where the state or country in which the crime occurred does not have a reasonably accessible crime victim compensation program for which the person would be eligible.

(d) "Victim" also means a person who is a resident of this state who is injured or killed by an act of international terrorism, as defined in 18 U.S.C. sec. 2331, committed outside of the United States.

C.R.S. § 24-4.1-102

Amended by 2024 Ch. 177,§ 1, eff. 5/15/2024, app. to approvals for compensation pursuant to the "Colorado Crime Victim Compensation Act" on or after 5/15/2024.

Amended by 2021 Ch. 129, § 2, eff. 5/10/2021.

Amended by 2015 Ch. 60, § 1, eff. 3/30/2015.

L. 81: Entire article added, p. 1135, § 5, effective July 1. L. 83: (4) and (10) amended and (8.5) added, pp. 669, 854, 1648, §§ 16, 1, 19, effective July 1. L. 84: IP(1) and (1) amended, p. 657, § 6, effective May 14. L. 85: (1) and (6) amended, p. 792, § 1, effective April 11. L. 90: (10) amended, p. 1179, § 1, effective July 1. L. 94: (4) amended, p. 2555, § 50, effective 1/1/1995. L. 95: (8) to (10) amended, p. 1400, § 1, effective July 1. L. 97: (4) and (10)(c) amended and (10)(d) added, p. 1560, § 3, effective July 1. L. 98: (10)(d) amended, p. 517, § 1, effective April 30. L. 99: (10)(d) amended, p. 58, § 10, effective March 15. L. 2015: (4)(a)(II), (5), and (8.5) amended and (7.5) added, (HB 15 -1035), ch. 143, p. 143, § 1, effective March 30.

Section 18 of chapter 177 (SB 24-120), Session Laws of Colorado 2024, provides that the act changing this section applies to approvals for compensation pursuant to the "Colorado Crime Victim Compensation Act" on or after May 15, 2024.

For the legislative declaration in HB 21-1165, see section 1 of chapter 129, Session Laws of Colorado 2021.