CONTENT

The bill would amend the crime victim’s compensation Act to include in the definition of “crime” an act of “international terrorism” that was committed outside of the United States and caused an injury to a Michigan resident. The bill also would delete a provision from the Act’s definition of “out- of-pocket loss” that specifies that the term includes, but is not limited to, replacement services for homemaking and child care services.

The bill would define “international terrorism” with reference to Federal law. Under Title 18 of the United States Code (18 U.S.C. 2331), which deals with crimes and criminal procedure, “international terrorism” means activities that:

-- Involve violent acts or acts dangerous to human life that are a violation of the criminal laws of the United States or of any state, or that would be a criminal violation if committed within the jurisdiction of the United States or of any state;

-- Appear to be intended to intimidate or coerce a civilian population; influence the policy of a government by intimidation or coercion; or affect the conduct of a government by assassination or kidnapping; and

-- Occur primarily outside the territorial jurisdiction of the United States, or transcend national boundaries in terms of the means by which they are accomplished, the persons they appear intended to intimidate or coerce, or the local in which their perpetrators operate or seek asylum.

MCL 18.351 Legislative Analyst: P. Affholter

FISCAL IMPACT

The fiscal impact of the bill is indeterminate as it would depend on the additional applicants who could seek reimbursement from the Crimes Victim Compensation Board as well as the potential for international terrorism involving a Michigan resident.

There is currently a cap on the total amount of reimbursement that a claimant can receive, which stands at $15,000. The average reimbursement is approximately $2,300. Fiscal year 1995-96 reimbursements are estimated at $2,003,000 to 890 claimants. The amounts that are reimbursed annually depend on the number of applicants and the amount of the claims that are accepted.

The bill could potentially have not any or a significant impact on the State since Federal law does provide for an emergency fund that is accessible to states for victims of this kind of crime.