16-90-703. Definitions.

16-90-703. Definitions. As used in this subchapter: (1)(A) “Allowable expense” means charges incurred for needed products, services, and accommodations, including, but not limited to: (i) Medical care; (ii) Rehabilitation; (iii) Rehabilitative occupational training; (iv) Crime scene cleanup; and (v) Other remedial treatment and care. (B) “Allowable expense” also includes a reasonable and necessary amount for expenses related to funeral, cremation, or burial; (2) “Board” means the Crime Victims Reparations Board created by § 16-90-705; (3)(A) “Claimant” means any of the following persons applying for reparations under this subchapter: (i) A victim; (ii) A dependent of a victim who has died because of criminally injurious conduct; or (iii) A person authorized to act on behalf of any of the persons enumerated in this subdivision (3)(A). (B) “Claimant” shall not include a service provider; (4) “Collateral source” means a source of benefits or advantages for economic loss which the claimant has received or which is readily available to the claimant from any one (1) or more of the following: (A) The offender; (B) The United States Government or any agency thereof in the form of benefits, such as Social Security, Medicare, and Medicaid; (C) A state or any of its political subdivisions; (D) State-required temporary nonoccupational disability insurance; (E) Workers' compensation; (F) Wage continuation programs of any employer; (G) Proceeds of a contract of insurance payable to the claimant for loss which the victim sustained because of the criminally injurious conduct; or (H) A contract providing prepaid hospital and other healthcare services or benefits for disability; (5)(A)(i) “Criminally injurious conduct” means an act which occurs or is attempted in this state that results in personal injury or death to a victim, which act is punishable by fine, imprisonment, or death. (ii) “Criminally injurious conduct” shall include acts of terrorism committed outside of the United States as defined in 18 U.S.C. § 2331 against any Arkansas resident. (iii) “Criminally injurious conduct” does not include acts arising out of the operation of motor vehicles, boats, or aircraft unless the acts were committed with the intent to inflict injury or death or unless the acts involve any of the following: (a) Injury or death intentionally inflicted through the use of a motor vehicle, boat, or aircraft; (b) A violation of the Omnibus DWI or BWI Act, § 5-65-101 et seq.; or (c) A violation of § 27-53-101. (B) For the purposes of this subchapter, a person shall be deemed to have committed criminally injurious conduct, notwithstanding that by reason of age, insanity, drunkenness, or other reason he or she was legally incapable of committing a crime; (6) “Dependent” means a natural person wholly or partially dependent upon the victim for care or support and includes a child of the victim born after the death of the victim where the death occurred as a result of criminally injurious conduct; (7) “Economic loss” means monetary detriment consisting of allowable expense and work loss, but shall not include noneconomic detriment; (8) “Immediate family” means a person's spouse, children, parents or guardian, siblings, and grandparents, whether related by blood, adoption, or marriage; (9) “Noneconomic detriment” means: (A) Pain; (B) Suffering; (C) Inconvenience; (D) Physical impairment; and (E) Nonpecuniary damage; (10) “Personal injury” means actual bodily harm, including pregnancy or mental anguish which is the direct result of a violent criminal act; (11)(A) “Victim” means a person who suffers personal injury or death as a result of criminally injurious conduct committed either within the State of Arkansas or against any Arkansas resident who suffers personal injury as the result of criminally injurious conduct which occurs in states presently not having crime victims reparations programs for which the victim is eligible, and further includes any Arkansas resident who is injured or killed by an act of terrorism committed outside of the United States, as defined in 18 U.S.C. § 2331. (B) “Victim” shall also include a person who: (i) Is the child, whether by blood, adoption, or marriage, of a victim as defined in subdivision (11)(A) of this section; (ii) Is an immediate family member of a deceased victim, a victim of sexual assault, or a child victim; (iii) Is not an immediate family member, but who resided at the time of the crime in the same permanent household as a deceased victim; or (iv) Discovered the body of a victim who died as the result of criminally injurious conduct; and (12) “Work loss” means loss of income from work the victim or claimant would have performed if the victim had not been injured or died, reduced by any income from substitute work actually performed by the victim or claimant or by income the victim or claimant would have earned in available appropriate substitute work that he or she was capable of performing but unreasonably failed to undertake.