Mass. Gen. Laws ch. 258C § 1

Current through Chapter 223 of the 2024 Legislative Session

Section 258C:1 - Definitions

As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:

"Catastrophic injury", an injury that creates a permanent impairment for the victim, including:

(i) a spinal cord injury involving paralysis;

(ii) amputation of an arm, hand, foot or leg;

(iii) severe brain injury;

(iv) second or third degree burns on 25 per cent or more of the total body surface or third degree burns on 5 per cent or more of the face and hands;

(v) total or functional loss of vision or hearing;

(vi) severe communication, sensory or motor disturbances; or

(vii) any other injury that would otherwise qualify pursuant to this chapter.

"Claim", an application for compensation under this chapter.

"Claimant", a person who files a claim for compensation under this chapter.

"Crime", an act committed by a person which, if committed by a mentally competent, criminally responsible adult who has no legal exemption or defense, would constitute a crime. Crime shall apply to an act occurring within the commonwealth, and to an act of terrorism, as defined in 18 USC section 2331, occurring outside the United States or territories against a resident of the commonwealth.

"Crime scene cleanup", the removal of, or the attempted removal of, blood or other stains that are the direct result of the commission of a crime or other dirt and debris caused by the processing of the crime scene; provided, however, that crime scene cleanup shall not include the replacement or repair of property damaged during the commission of the crime, in accordance with section 4.

"Department", the department of the attorney general.

"Dependent", mother, father, spouse, spouse's mother, spouse's father, child, grandchild, adopted child, child born out of wedlock, brother, sister, niece or nephew, or other person who is wholly or partially dependent for support upon the victim at the time of his injury or death due to a crime alleged in a claim made pursuant to this chapter.

"Division", the division of victim compensation and assistance within the department of the attorney general, established in section 11K of chapter 12.

"Family", the spouse, parent, grandparent, stepmother, stepfather, child, grandchild, brother, sister, half brother, half sister, adopted child of parents, or spouse's parents of the victim.

"Medical care", the medical, psychological, surgical, dental, optometric, chiropractic, podiatric and hospital care provided to a victim including, but not limited to, medicines, medical, dental and surgical supplies, crutches, artificial members and appliances and training in the use of artificial members and appliances.

"Offender", an adult or juvenile person who commits a crime as defined in this section for which a claimant seeks compensation.

"Out-of-pocket loss", unreimbursed or unreimbursable expenses for services eligible for compensation pursuant to this chapter.

"Security measures", the replacement, repair or installation of locks, windows or other security devices deemed to be reasonably necessary for the promotion of the victim's safety by the program director after taking into consideration the nature of the crime in accordance with section 4.

"State", a state of the United States, the district of Columbia, the commonwealth of Puerto Rico or any other possession or territory of the United States.

"Victim", a person who suffers personal physical or psychological injury or death:

(a) as a direct result of a crime as defined in this section;

(b) as a result of attempting to assist a person against whom a crime was attempted or committed; or

(c) as a result of efforts to prevent a crime or an attempted crime from occurring in his presence or to apprehend a person who had committed a crime in his presence.

Mass. Gen. Laws ch. 258C, § 1

Amended by Acts 2013 , c. 38, § 136, eff. 7/1/2013.

Amended by Acts 2010 , c. 256, §§  107, 108 eff. 2/2/2011.

Amended by Acts 2002 , c. 438, § 33, eff. 4/1/03.