H. B. 4238

(By Delegates Seacrist, Beane,
Evans, Clements and Compton)
[Introduced February 2, 1998; referred to the
Committee on Finance.]

A BILL finding and declaring certain claims for compensation of innocent victims of crimes occurring in West Virginia to be moral obligations of the state and directing the auditor to issue warrants for the payment thereof.

Be it enacted by the Legislature of West Virginia:
§1. Finding and declaring certain crime victims claims for compensation to be moral obligations of the state and directing payment thereof.
The Legislature has duly considered the findings of fact and recommendations for awards reported to it by the court of claims in respect to the following named claimants who were innocent victims of crime within this state and entitled to compensation; and in respect to each of such named claimants the Legislature adopts those findings of fact as its own, hereby declares it to be the moral obligation of the state to pay each such claimant in the amount specified below, and directs the auditor to issue warrants for the payment thereof out of any fund appropriated and available for the purpose.
Claims for crime victims compensation awards:
(To be paid from Crime Victims Compensation Fund)
(1) Brad A. Fallecker$5,000.00
(2) Chad A. Fallecker$5,000.00
(3) Deborajean Hudson, as guardian of John
W. Fallecker, III$5,000.00
The Legislature finds that the above moral obligations and the appropriations made in satisfaction thereof shall be the full compensation for all claimants herein.

NOTE: The purpose of this bill is to establish the moral obligation toward providing payment for noneconomic loss to victims of crime which have been approved by the court of claims.
Total amount of special revenue - $15,000.00.