Colo. Rev. Stat. § 24-4.1-109

Current through 11/5/2024 election
Section 24-4.1-109 - Losses compensable
(1) Losses compensable under this part 1 resulting from death of or injury to a victim include:
(a) Reasonable medical and hospital expenses and expenses incurred for dentures, eyeglasses, hearing aids, or other prosthetic or medically necessary devices;
(b) Loss of earnings;
(c) and (d) Repealed.
(d.5) Replacement services losses;
(e) Funeral and burial expenses;
(f) Loss of support to dependents;
(g) Mental health counseling;
(h) Household support; except that household support is only available to a dependent when:
(I) The offender is accused of committing the criminally injurious conduct that is the basis of the dependent's claim under this article;
(II) As a result of the criminal event, the offender vacated any home the offender shared with the dependent; and
(III) The dependent provides verification of dependency on the offender at the time of the criminal event.
(i) Reasonable travel expenses for a victim related to funeral, burial, medical care, or mental health counseling;
(j) Reasonable travel expenses for a victim related to attending critical events pursuant to section 24-4.1-302 (2), except when the primary or secondary victim is subpoenaed to testify;
(k) Dependent care services; and
(l) Reasonable relocation expenses for a victim to relocate as necessary to ensure the victim's safety.
(1.5)
(a) Losses compensable under this part 1 resulting from property damage include:
(I)
(A) Repair or replacement of residential property damaged as a result of a compensable crime; or
(B) Payment of the deductible amount on a residential or motor vehicle insurance policy;
(II) Any modification to the victim's residence that is necessary to ensure victim safety;
(III) The rekeying of a motor vehicle or other lock that is necessary to ensure the victim's safety;
(IV) Towing or impound fees for a motor vehicle that law enforcement determines to be where a compensable crime was committed; and
(V) Repair or replacement of dentures, eyeglasses, hearing aids, or other prosthetic or medically necessary devices damaged or stolen as a result of a compensable crime.
(b) (Deleted by amendment, L. 98, p. 517, §2, effective April 30, 1998.)
(2) Compensable losses do not include:
(a) Pain and suffering or property damage expenses other than those specified in subsection (1.5)(a) of this section;
(b) Aggregate damages to the victim or to the dependents of a victim exceeding thirty thousand dollars; or
(c) Repealed.
(d) Motor vehicle expenses other than those specified in subsections (1.5)(a)(I)(B) and (1.5)(a)(III) of this section.

C.R.S. § 24-4.1-109

Amended by 2024 Ch. 177,§ 6, 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 2015 Ch. 60, § 3, eff. 3/30/2015.
L. 81: Entire article added, p. 1138, § 5, effective July 1. L. 83: (2)(a) and (2)(b) amended and (1.5) added, pp. 670, 854, §§ 19, 3, effective July 1. L. 84: Entire section amended, p. 659, § 12, effective May 14. L. 85: (1)(g) added, p. 792, § 3, effective June 6. L. 89: (1.5)(a)(II) amended, p. 1016, § 1, effective April 23. L. 93: (2) amended, p. 2051, § 1, effective June 9. L. 98: (1.5) and (2)(b) amended, p. 517, § 2, effective April 30. L. 2015: (1)(h) and (1.5)(a)(III) added, (1.5)(a)(I)(B), (1.5)(a)(II), (2)(a), and (2)(b) amended, and (2)(c) repealed, (HB 15-1035), ch. 60, p. 145, § 3, 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.