§ 23A-28B-1 — Definitions.

South Dakota § 23A-28B-1

• Jurisdiction: South Dakota
• Title 23A: CRIMINAL PROCEDURE
• Ch. 23A-28A: CRIME VICTIMS' COMPENSATION PROGRAM

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Terms used in this chapter mean: (1) "Claimant," any person entitled to apply for compensation pursuant to this chapter; (2) "Commission," the South Dakota Crime Victims' Compensation Commission as established by § 23A-28B-3 ; (3) "Crime," conduct that occurs or is attempted in this state, including that arising from domestic violence, human trafficking, and acts of terrorism, as defined in 18 USC § 2331 as of January 1, 1997, which conduct results in personal injury or death and is punishable as a felony or misdemeanor, or would be so punishable except that the person engaging in the conduct lacked the capacity to commit the crime under the laws of this state. The term does not include conduct arising out of the ownership, maintenance, or use of a motor vehicle, boat, or aircraft unless the conduct was intended to cause or did recklessly cause personal injury or death or unless the conduct constitutes a violation of § 32-23-1 , 22-16-41 , or 22-18-36 ; (4) "Department," Department of Public Safety; (5) "Dependent," any spouse, parent, grandparent, stepparent, child, stepchild, adopted child, grandchild, brother, sister, half brother, half sister, or parent of the spouse of a deceased victim who was wholly or partially dependent upon the victim's income at the time of the victim's death, including any child of the victim born after the victim's death; (6) "Economic loss," medical and hospital expenses, loss of earnings, loss of future earnings, funeral and burial expenses, homicide scene cleanup expenses, limited personal property losses, mileage, security devices, and loss of economic benefits or support to dependents, including home maintenance and child care expenses; (7) "Fund," the crime victims' compensation fund established by § 23A-28B-40 ; (8) "Law enforcement officer," any person as defined in § 22-1-2 ; (9) "Medical expense," the cost of all medical and dental services, mental health counseling, dental and prosthetic devices, eyeglasses or other corrective lenses, including services rendered in accordance with any method of healing recognized by the laws of this state or the United States; (10) "Person," any natural person; (11) "Personal injury," actual bodily harm or emotional distress; (12) "Victim," any person who suffers personal injury or death as a direct result of: (a) A crime, including a federal crime occurring in this state; (b) A good faith effort by the person to prevent the commission of a crime; or (c) A good faith effort by the person to apprehend a person suspected of engaging in a crime; (13) "Homicide scene cleanup expenses," the cost of cleaning the scene of a homicide, if the scene is a residence or an automobile, including removing, or attempting to remove, from the crime scene, blood, dirt, stains, or other debris caused by the crime or the processing of the crime scene. Compensation may be paid for services provided by persons who are not members of the immediate family of the victim, including the victim's spouse, parents, siblings and children, or persons who were not living with the victim at the time of the crime; (14) "Personal property losses," the replacement value of property, including clothing and bedding, used for evidentiary purposes; (15) "Security devices," the cost to repair or install locks, door eyeholes, security lights, or other similar security and safety measures necessary to ensure the safety of the victim.

Legislative History

SL 1991, ch 201, § 1; SL 1993, ch 183, § 2; SL 1994, ch 180, § 1; SL 1997, ch 144, § 1; SL 1997, ch 145, § 1; SL 2001, ch 122, §§ 1, 2; SL 2018, ch 145, § 1; SL 2020, ch 89, § 6.