Definitions.

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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 forcompensation under this part 1. In the case of such victim's death, the term includes any person who was his dependent at the time of the death of that victim.

  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 termincludes a posthumous child, a stepchild, or an adopted child.

  4. (a) "Compensable crime" means:

  1. An intentional, knowing, reckless, or criminally negligent act of a person or any actin violation of section 42-4-1301 (1) or (2), C.R.S., that results in residential property damage to or bodily 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

  2. An act in violation of section 42-4-1402, C.R.S., that results in the death or bodilyinjury 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 federal offenses that are comparable to those specified in paragraph (a) of this subsection (4) and are 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 the child or spouse of the accused or other person in an intimate relationship, as defined in section 18-6-800.3, C.R.S., with the accused, if the accused provided household support to the dependent.

  1. "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.

  2. "Fund" means the crime victim compensation fund as established in each judicialdistrict.

    1. "Household support" means the monetary support that a dependent would havereceived from the accused for the purpose of maintaining a home or residence.

  3. "Injury" means impairment of a person's physical or mental condition and includespregnancy.

    1. (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.

  1. "Relative" means a victim's spouse, 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.

  2. (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:

  1. Any person against whom a compensable crime is perpetrated or attempted. Suchperson shall be referred to as a "primary victim".

  2. Any person who attempts to assist or assists a primary victim;(III) Any person who is a relative of a primary victim.

  1. "Victim" also means a person who suffers injury or death, the proximate cause ofwhich is a compensable crime perpetrated or attempted in the person's presence against a primary victim.

  2. "Victim" also means a person who is a resident of this state and who is a victim of acrime 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 crime victim compensation program for which the person would be eligible.

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

Source: 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 January 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. 60, p. 143, § 1, effective March 30.


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