CRIME VICTIMS COMPENSATION BOARD
Act 223 of 1976
18.351 Definitions.
Sec. 1.
As used in this act:
(a) "Claimant" means a victim or intervenor who is injured, or any other person eligible for an award under section 4(1) or 5(1), who files a claim under this act.
(b) "Commission" means the crime victim services commission.
(c) "Crime" means an act that is 1 of the following:
(i) A crime under the laws of this state, the United States, or a federally recognized tribe in this state, that causes actual bodily harm, including pregnancy or death, or that poses a reasonably perceived or actual threat of injury or death within this state.
(ii) An act committed in another state that if committed in this state would constitute a crime under the laws of this state, the United States, or a federally recognized tribe in this state, that causes actual bodily harm, including pregnancy or death, or that poses a reasonably perceived or actual threat of injury or death within this state or that causes actual bodily harm, including pregnancy or death, to a resident of this state or that poses a reasonably perceived or actual threat of injury or death to a resident of this state within a state that does not have a victim compensation program eligible for funding from the victims of crime act of 1984, chapter XIV of title II of the comprehensive crime control act of 1984, Public Law 98-473.
(iii) An act of international terrorism as that term is defined in 18 USC 2331, committed outside the territorial jurisdiction of the United States that causes actual bodily harm, including pregnancy or death, to a resident of this state or that poses a reasonably perceived or actual threat of injury or death.
(d) "Dating relationship" means frequent, intimate associations primarily characterized by the expectation of affectional involvement. Dating relationship does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context.
(e) "Dependent" means an individual principally dependent on another for support.
(f) "Household member" means an individual who resides in the same dwelling unit as a victim or intervenor.
(g) "Intervenor" means a person who goes to the aid of one who has become a victim of a crime and who suffers personal injury.
(h) "Other services necessary" means recognized medical treatment, convalescent aids, supplies, and other equipment needed by the victim because of physical incapacity sustained as a direct result of the crime.
(i) "Personal injury" means either of the following injuries:
(i) Actual bodily harm, including pregnancy or death.
(ii) Psychological, mental, or emotional injury resulting from a reasonably perceived or actual threat of injury or death.
(j) "Support" means actual monetary payments made by a victim or intervenor to or for a person principally dependent on the victim or intervenor.
(k) "Victim" means a person who suffers a personal injury as a direct result of a crime.
(l) "Victim services organization" means an organization or agency that has a documented history of providing services to address issues arising from victimization to victims or to family members or household members of victims.
History: 1976, Act 223, Eff. Mar. 31, 1977 ;-- Am. 1985, Act 157, Imd. Eff. Nov. 15, 1985 ;-- Am. 1990, Act 316, Imd. Eff. Dec. 20, 1990 ;-- Am. 1993, Act 348, Imd. Eff. Jan. 10, 1994 ;-- Am. 1996, Act 519, Imd. Eff. Jan. 13, 1997 ;-- Am. 2022, Act 77, Eff. Aug. 12, 2023
Notes of Decisions
Cited in
12
cases, 1982–2014 · leading case:
People v. Cathey, 681 N.W.2d 661 (Mich. Ct. App. 2004).
People v. Cathey, 681 N.W.2d 661 (Mich. Ct. App. 2004).
· cites it 4× “§ 18.351 concerns crime victims' compensation.”
Dudewicz v. Norris Schmid, Inc, 503 N.W.2d 645 (Mich. 1993).
· cites it 2× “[10] MCL 18.351 et seq.; MSA 3.372(1) et seq. [11] I, of course, do not suggest that an employer has no remedy against a disruptive employee, or that an employer does not have a good-faith defense to a claim filed in this recognized cause of action.”
People v. Earl, 845 N.W.2d 721 (Mich. 2014).
“See, also, MCL 18.351 to MCL 18.368. Excess revenue that has not been used for crime victim compensation may be used to establish and maintain a statewide trauma system.”
King v. Oakland Cnty. Prosecutor, 303 Mich. App. 222 (Mich. Ct. App. 2013).
“*242 (d) Details and eligibility requirements for compensation from the crime victim services commission under 1976 PA 223 , MCL 18.351 to 18.368. (e) Suggested procedures if the victim is subjected to threats or intimidation.”
Sanford v. City of Detroit, 371 N.W.2d 904 (Mich. Ct. App. 1985).
· cites it 2× “MCL 18.351 et seq.; MSA 3.372(1) et seq.; see, Jerome v Crime Victims Compensation Board, 419 Mich 161 ; 350 NW2d 239 (1984).”
Jerome v. Crime Victims Comp. Bd., 350 N.W.2d 239 (Mich. 1984).
· cites it 3× “The issue in this case is whether the surviving spouse of a deceased crime victim is entitled under the crime victims compensation act, MCL 18.351 et seq.; MSA 3.372(1) et seq., to reimbursement for money spent to obtain child care and housekeeping services previously provided…”
Kreager v. State Farm Mut. Auto. Ins., 496 N.W.2d 346 (Mich. Ct. App. 1992).
“Instead, plaintiff should have sought relief from the Crime Victims Compensation Board; see MCL 18.351 et seq.; MSA 3.372(1) et seq.”
Jerome v. Crime Victims Comp. Bd., 326 N.W.2d 593 (Mich. Ct. App. 1982).
· cites it 2× “Does the language "other services necessary as a result of the injury upon which a claim is based”, appearing in § 1(e) of the crime victims compensation act, MCL 18.351 et seq.; MSA 3.372(1) et seq., provide for reimbursement for services apart from and in addition to medical…”
McMillan v. Crime Victims Comp. Bd., 399 N.W.2d 515 (Mich. Ct. App. 1986).
“Based on our above findings, we conclude that it is necessary to remand this case to the board for a determination of whether claimant meets the other requirements necessary for an award under the crime victims compensation act.”
Calloway-Gaines v. Crime Victim Servs. Comm'n, 616 N.W.2d 674 (Mich. 2000).
“1 MCL 18.351 et seq.; MSA 3.372(1) et seq. 2 Under the city of Detroit’s retirement plan, a retiree must elect the benefit options at the time of retirement and changes are not permitted.”
Fortune v. Crime Victims Comp. Bd., 426 N.W.2d 773 (Mich. Ct. App. 1988).
· cites it 3× “Claimant appeals from a September 15, 1986, opinion and order of the Crime Victims Compensation Board denying claimant’s claim for multiple benefits under the crime victim compensation act, MCL 18.351 et seq.; MSA 3.372(1) et seq. We granted leave to appeal.”
— Mich. Comp. Laws § 18.351(e) — 2 cases
Jerome v. Crime Victims Comp. Bd., 350 N.W.2d 239 (Mich. 1984).
“The issue in this case is whether the surviving spouse of a deceased crime victim is entitled under the crime victims compensation act, MCL 18.351 et seq.; MSA 3.372(1) et seq., to reimbursement for money spent to obtain child care and housekeeping services previously provided…”
Jerome v. Crime Victims Comp. Bd., 326 N.W.2d 593 (Mich. Ct. App. 1982).
“Does the language "other services necessary as a result of the injury upon which a claim is based”, appearing in § 1(e) of the crime victims compensation act, MCL 18.351 et seq.; MSA 3.372(1) et seq., provide for reimbursement for services apart from and in addition to medical…”
— Mich. Comp. Laws § 18.351(f) — 1 case
People v. Cathey, 681 N.W.2d 661 (Mich. Ct. App. 2004).
“§ 18.351 concerns crime victims' compensation.”
— Mich. Comp. Laws § 18.351(g) — 1 case
Jerome v. Crime Victims Comp. Bd., 350 N.W.2d 239 (Mich. 1984).
“The issue in this case is whether the surviving spouse of a deceased crime victim is entitled under the crime victims compensation act, MCL 18.351 et seq.; MSA 3.372(1) et seq., to reimbursement for money spent to obtain child care and housekeeping services previously provided…”
— Mich. Comp. Laws § 18.351(i) — 1 case
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