South Carolina § 16-3-1110 - Definitions.

§ 16-3-1110. Definitions.

(A) For the purpose of this article and Articles 14 and 15 of this chapter:

(1) "Board" means the South Carolina Crime Victim Advisory Board.

(2) "Claimant" means any person filing a claim pursuant to this article.

(3) "Fund" means the South Carolina Victim Compensation Fund, which is administered by the Office of the Attorney General, South Carolina Crime Victim Services Division.

(4) "Director" means the Director of the Office of the Attorney General, South Carolina Crime Victim Services Division who is appointed by the Attorney General.

(5) "Field representative" means a field representative of the Office of the Attorney General, South Carolina Crime Victim Services Division, Department of Crime Victim Compensation assigned to handle a claim.

(6) "Crime" means an act which is defined as a crime by state, federal, or common law, including terrorism as defined in Section 2331 of Title 18, United States Code. Unless injury or death was recklessly or intentionally inflicted, "crime" does not include an act involving the operation of a motor vehicle, boat, or aircraft.

(7) "Recklessly or intentionally" inflicted injury or death includes, but is not limited to, injury or death resulting from an act which violates Sections 56-5-1210, 56-5-2910, 56-5-2920, or 56-5-2930 or from the use of a motor vehicle, boat, or aircraft to flee the scene of a crime in which the driver of the motor vehicle, boat, or aircraft knowingly participated.

(8) "Victim" means a person who suffers direct or threatened physical, emotional, or financial harm as the result of an act by someone else, which is a crime. The term includes immediate family members of a homicide victim or of any other victim who is either incompetent or a minor and includes an intervenor. The term also includes a minor who is a witness to a domestic violence offense pursuant to Section 16-25-20 or Section 16-25-65.

(9) "Intervenor" means a person other than a law enforcement officer performing normal duties, who goes to the aid of another, acting not recklessly, to prevent the commission of a crime or lawfully apprehend a person reasonably suspected of having committed a crime.

(10) "Panel" means a three-member panel of the board designated by the board chairman to hear appeals.

(11) "Restitution" means payment for all injuries, specific losses, and expenses sustained by a crime victim resulting from an offender's criminal conduct. It includes, but is not limited to:

(a) medical and psychological counseling expenses;

(b) specific damages and economic losses;

(c) funeral expenses and related costs;

(d) vehicle impoundment fees;

(e) child care costs; and

(f) transportation related to a victim's participation in the criminal justice process.

(B) Restitution does not include awards for pain and suffering, wrongful death, emotional distress, or loss of consortium.

Restitution orders do not limit any civil claims a crime victim may file.

(C) Notwithstanding any other provision of law, the applicable statute of limitations for a crime victim, who has a cause of action against an incarcerated offender based upon the incident which made the person a victim, is tolled and does not expire until three years after the offender's release from the sentence including probation and parole time or three years after release from commitment pursuant to Chapter 48 of Title 44, whichever is later. However, this provision shall not shorten any other tolling period of the statute of limitations which may exist for the crime victim.

HISTORY: 1982 Act No. 455, SECTION 2; 1984 Act No. 489, SECTION 1; 1988 Act No. 405, SECTION 1; 1993 Act No. 181, SECTION 271; 1996 Act No. 437, SECTION 6; 1997 Act No. 45, SECTION 1; 1998 Act No. 321, SECTION 2; 2015 Act No. 58 (S.3), Pt IV, SECTION 17, eff June 4, 2015; 2017 Act No. 96 (S.289), SECTION 5.A, eff July 1, 2017.

Editor's Note

1996 Act No. 437, SECTION 8, eff January 1, 1997, provides as follows:

"Implementation of the changes in law effectuated by this act to Sections 16-3-1110, 16-3-1535, 17-25-322, 17-25-324, and 24-21-490 of the 1976 Code and the requirements thereunder or in any new provisions of law contained herein which would necessitate funding are contingent upon appropriations of sufficient funding by the General Assembly. Nothing herein shall relieve the various agencies and authorities within the offices of the respective clerks of court or judicial, correctional, and parole systems of this State from continuing to meet, enforce, and address those provisions of law related to restitution in effect prior to the enactment hereof."

Effect of Amendment

2015 Act No. 58, SECTION 17, in (8), added the last sentence, relating to Sections 16-25-20 and 16-25-65.

2017 Act No. 96, Pt. II, SECTION 5.A, inserted the (A), (B), and (C) identifiers; in (A)(1), substituted "Victim" for "Victim's"; in (A)(3), substituted "Victim Compensation Fund, which is administered by the Office of the Attorney General, South Carolina Crime Victim Services Division" for "Victim's Compensation Fund, which is a division of the Office of the Governor"; in (A)(4), substituted "Office of the Attorney General, South Carolina Crime Victim Services Division who is appointed by the Attorney General" for "Victim's Compensation Fund who is appointed by the Governor. The director shall be in charge of the State Office of Victim's Assistance which is part of this division under the supervision of the Governor"; in (A)(5), substituted "Office of the Attorney General, South Carolina Crime Victim Services Division, Department of Crime Victim Compensation" for "State Victim's Compensation Fund"; deleted (A)(10), which had related to the definition of "deputy director", and redesignated accordingly; and made nonsubstantive changes.