§ 54-209 — When compensation may be ordered. Order inadmissible in civil or criminal proceeding.

Connecticut § 54-209

• Jurisdiction: Connecticut
• Title 54: Criminal Procedure
• Ch. 968: Victim Services

Text

(a) The Office of Victim Services or, on review, a victim compensation commissioner, may order the payment of compensation in accordance with the provisions of sections 54-201 to 54-218, inclusive, for personal injury or death which resulted from: (1) An attempt to prevent the commission of crime or to apprehend a suspected criminal or in aiding or attempting to aid a police officer so to do, (2) the commission or attempt to commit by another of any crime as provided in section 53a-24, (3) any crime that occurred outside the territorial boundaries of the United States that would be considered a crime within this state, provided the victim of such crime is a resident of this state, (4) any crime involving international terrorism as defined in 18 USC 2331, as amended from time to time, or (5) an incident of child abuse substantiated by the Department of Children and Families on or after October 1, 2022, provided the individual determined by said department to be responsible for the abuse of the child pursuant to section 17a-101g is placed on the department's child abuse and neglect registry established pursuant to section 17a-101k. (b) The Office of Victim Services or, on review, a victim compensation commissioner, may also order the payment of compensation in accordance with the provisions of sections 54-201 to 54-218 , inclusive, for personal injury or death that resulted from the operation of a motor vehicle, water vessel, snow mobile or all-terrain vehicle by another person who was subsequently convicted with respect to such operation for a violation of subsection (a) or subdivision (1) of subsection (b) of section 14-224 , section 14-227a or 14-227m , subdivision (1) or (2) of subsection (a) of section 14-227n , subdivision (3) of section 14-386a or section 15-132a , 15-140 l , 15-140n , 53a-56b or 53a-60d . In the absence of a conviction, the Office of Victim Services or, on review, a victim compensation commissioner, may order payment of compensation under this section if, upon consideration of all circumstances determined to be relevant, the office or commissioner, as the case may be, reasonably concludes that another person has operated a motor vehicle in violation of subsection (a) or subdivision (1) of subsection (b) of section 14-224 , section 14-227a or 14-227m , subdivision (1) or (2) of subsection (a) of section 14-227n , subdivision (3) of section 14-386a or section 15-132a , 15-140 l , 15-140n , 53a-56b or 53a-60d . (c) Except as provided in subsection (b) of this section, no act involving the operation of a motor vehicle which results in injury shall constitute a crime for the purposes of sections 54-201 to 54-218 , inclusive, unless the injuries were intentionally inflicted through the use of the vehicle. (d) In instances where a violation of section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, or section 53-21 , 53a-70 , 53a-70a , 53a-70c , 53a-71 , 53a-72a , 53a-72b , 53a-73a , 53a-82 , 53a-83b , 53a-90a , 53a-192a , 53a-196 , 53a-196a , 53a-196b or 53a-196i , or family violence, as defined in section 46b-38a , has been alleged, the Office of Victim Services or, on review, a victim compensation commissioner, may order compensation be paid if (1) the personal injury has been disclosed to: (A) A physician or surgeon licensed under chapter 370; (B) a resident physician or intern in any hospital in this state, whether or not licensed; (C) a physician assistant licensed under chapter 370; (D) an advanced practice registered nurse, registered nurse or practical nurse licensed under chapter 378; (E) a psychologist licensed under chapter 383; (F) a police officer; (G) a mental health professional; (H) an emergency medical services provider licensed or certified under chapter 368d; (I) an alcohol and drug counselor licensed or certified under chapter 376b; (J) a marital and family therapist licensed under chapter 383a; (K) a domestic violence counselor or a sexual assault counselor, as defined in section 52-146k ; (L) a professional counselor licensed under chapter 383c; (M) a clinical social worker licensed under chapter 383b; (N) an employee of the Department of Children and Families; (O) an employee of a children's advocacy center, as defined in section 17a-106a ; or (P) a school principal, a school teacher, a school guidance counselor or a school counselor, or (2) the personal injury is reported in an application for a restraining order under section 46b-15 or an application for a civil protection order under section 46b-16a or on the record to the court, provided such restraining order or civil protection order was granted in the Superior Court following a hearing, and (3) the office or commissioner, as the case may be, reasonably concludes that a violation of any of said sections has occurred. (e) Evidence of an order for the payment of compensation by the Office of Victim Services or a victim compensation commissioner in accordance with the provisions of sections 54-201 to 54-218 , inclusive, shall not be admissible in any civil proceeding to prove the liability of any person for such personal injury or death or in any criminal proceeding to prove the guilt or innocence of any person for any crime.

Legislative History

(P.A. 78-261, S. 9, 17; P.A. 85-529, S. 2, 4; P.A. 87-554, S. 8; P.A. 89-49; P.A. 93-310, S. 8, 32; P.A. 95-175, S. 6; P.A. 97-59, S. 1, 4; P.A. 12-133, S. 26; P.A. 13-214, S. 14; P.A. 14-130, S. 39; P.A. 16-126, S. 37; P.A. 17-99, S. 26; P.A. 18-15, S. 13; P.A. 19-189, S. 38; P.A. 21-40, S. 55; 21-104, S. 51; P.A. 22-47, S. 65.) History: P.A. 85-529 inserted Subsec. indicators and added Subsec. (a)(3) and an exception to Subsec. (b) to authorize the board to pay compensation for injury or death resulting from the operation of a motor vehicle by another person subsequently convicted of a violation of Sec. 14-227a, 53a-56b or 53a-60d; P.A. 87-554 changed “board” to “commission”; P.A. 89-49 inserted new Subsec. (b) permitting payment of compensation in absence of conviction if commission reasonably concludes person operated motor vehicle in violation of Sec. 14-227a, 53a-56b or 53a-60d, relettering former Subsec. (b) accordingly, and added Subsec. (d) re inadmissibility of order of compensation in civil or criminal proceeding to prove liability or guilt or innocence of any person; P.A. 93-310 changed “commission” to “office of victim services or, on review, a victim compensation commissioner”, effective July 1, 1993; P.A. 95-175 amended Subsecs. (a) and (b) by adding references to Sec. 14-224(a); P.A. 97-59 added Subsec. (a)(4) re crime involving international terrorism, effective May 8, 1997; P.A. 12-133 amended Subsec. (a) by deleting former Subdiv. (3) re operation of motor vehicle by another person who was subsequently convicted of violation and redesignating existing Subdiv. (4) as Subdiv. (3), replaced former Subsec. (b) with new Subsec. (b) re compensation in cases involving motor vehicle violations, made a conforming change in Subsec. (c), added new Subsec. (d) re order to pay compensation if personal injury is disclosed to and conclusion re violation is made by certain professionals, and redesignated existing Subsec. (d) as Subsec. (e); P.A. 13-214 amended Subsec. (d)(1)(K) to substitute “domestic violence counselor” for “battered women's counselor”; P.A. 14-130 amended Subsec. (b) by adding references to Sec. 14-224(b)(1); P.A. 16-126 amended Subsec. (b) by adding references to Secs. 14-227m and 14-227n(a)(1) and (2); P.A. 17-99 amended Subsec. (a) by replacing reference to Sec. 54-233 with reference to Sec. 54-218, adding new Subdiv. (3) re crime that occurred outside territorial boundaries of United States that would be considered a crime within this state provided crime victim is a state resident and redesignating existing Subdiv. (3) as Subdiv. (4), amended Subsec. (b) by replacing reference to Sec. 54-233 with reference to Sec. 54-218, adding “, water vessel, snow mobile or all-terrain vehicle” and adding references to Secs. 14-386a(3), 15-132a, 15-140 l and 15-140n, amended Subsec. (c) by replacing reference to Sec. 54-233 with reference to Sec. 54-218, amended Subsec. (d)(1) by adding references to Secs. 53a-82 and 53a-192a, adding Subpara. (O) re school principal, teacher or guidance counselor, added new Subsec. (e) re payment of compensation for personal injury suffered by victim, redesignated existing Subsec. (e) as Subsec. (f) and amended same by replacing reference to Sec. 54-233 with reference to Sec. 54-218, and made technical changes; P.A. 18-15 amended Subsec. (d)(1)(O) by adding reference to school counselor and making technical changes, effective July 1, 2018; P.A. 19-189 amended Subsecs. (d) and (e) by replacing “53a-70b,” with “section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, or”; P.A. 21-40 amended Subsec. (a) by replacing “Section 2331 of Title 18 of the United States Code” with “18 USC 2331, as amended from time to time”; P.A. 21-104 amended Subsec. (d) by adding “, or family violence, as defined in section 46b-38a,” re basis for compensation, adding new Subpara. (O) re employee of child advocacy center and redesignating existing Subpara. (O) as Subpara. (P) in Subdiv. (1), adding new Subdiv. (2) re reporting of personal injury and redesignating existing Subdiv. (2) as Subdiv. (3), deleted former Subsec. (e) re additional order of payment of compensation and redesignated existing Subsec. (f) as Subsec. (e), effective June 28, 2021; P.A. 22-47 amended Subsec. (a) by adding Subdiv. (5) re incidents of substantiated child abuse, and amended Subsec. (d) by adding references to Secs. 53a-83b, 53a-90a, 53a-196, 53a-196a, 53-196b and 53a-196i, and making technical changes.