North Carolina Statutes

Chapter 15B Victims Compensation

Article 1 - Crime Victim's Compensation Act.

  • § 15B-1   Short title
    This Article may be cited as the "North Carolina Crime Victims Compensation Act." (1983, c. 832, s. 1; 1991, c. 301, s. 1; 2004‑159, s.
  • § 15B-2   Definitions
    As used in this Article, unless the context requires otherwise: (1) "Allowable expense" means reasonable charges incurred for reasonably needed products, services, and accommodations, including...
  • § 15B-3   Crime Victims Compensation Commission
    (a) There is established the Crime Victims Compensation Commission of the Department of Crime Control and Public Safety, consisting of seven members as follows: (1)...
  • § 15B-4   Award of compensation
    (a) Subject to the limitations in G.S. 15B‑22, compensation for criminally injurious conduct shall be awarded to a claimant if substantial evidence establishes that the...
  • § 15B-5   Attorney General to represent State
    The Attorney General shall represent the interest of the State when: (1) A decision of the Commission is appealed to the courts; and (2) When...
  • § 15B-6   Powers of the Commission and Director
    (a) In addition to powers authorized by this Article and Chapter 150B, the Commission may: (1) Adopt rules in accordance with Part 3, Article 1...
  • § 15B-7   Filing of application for compensation award; contents
    (a) A claim for an award of compensation is commenced by filing an application for an award with the Director. The application shall be in...
  • § 15B-8   Procedure for filing application
    (a) The Director shall establish procedures for screening, filing, recording, investigating, and processing applications for an award of compensation. The Director shall also establish the...
  • § 15B-8.1   Privilege and records of the Commission
    (a) In a proceeding under this Article, the privileges set forth in G.S. 8‑53, 8‑53.3, 8‑53.4, 8‑53.7, 8‑53.8, and 8‑56 do not apply to communications...
  • § 15B-9   Repealed by Session Laws 1987, c. 819, s. 15, effective August 13, 1987
  • § 15B-10   Awarding claims
    (a) The Director shall decide the award of compensation for an initial claim or follow‑up claim when the claim does not exceed seven thousand five...
  • § 15B-11   Grounds for denial of claim or reduction of award
    (a) An award of compensation shall be denied if: (1) The claimant fails to file an application for an award within two years after the...
  • § 15B-12   Evidence in contested cases
    (a) Except as provided in this section, evidence in a contested case shall be taken in accordance with Article 3 of Chapter 150B of the...
  • § 15B-13   Repealed by Session Laws 1987, c. 819, s. 23
  • § 15B-14   Effect of prosecution or conviction of offender
    (a) An award of compensation may be approved whether or not any person is prosecuted or convicted for committing the conduct that is the basis...
  • § 15B-15   Clerks of court to be notified
    The Director shall notify in writing the clerk of superior court of the county in which the offense occurred of any award made from the...
  • § 15B-16   Manner of payment; non-assignability and exemptions
    (a) The Director shall pay award payments directly to the service provider on behalf of the claimant. Eligible out‑of‑pocket costs borne by the claimant shall...
  • § 15B-17   Award not subject to taxation or execution
    (a) An award is exempt from taxation. (b) An award is not subject to execution, attachment, garnishment, or other process, except that, upon receipt of...
  • § 15B-18   Subrogation by State
    (a) If compensation is awarded, the Crime Victims Compensation Fund is subrogated to all the claimant's rights to receive or recover benefits or advantages for...
  • § 15B-19   Subrogation by collateral sources prohibited
    Subrogation rights that a collateral source may have may not extend to a recovery from a claimant of all or any part of an award...
  • § 15B-20   Publicity
    Law enforcement agencies responsible for investigating offenses committed in the State may provide information to victims of those offenses and to their dependents concerning the...
  • § 15B-21   Annual report
    The Commission shall, by March 15 each year, prepare and transmit to the Governor and the General Assembly a report of its activities in the...
  • § 15B-22   Disbursements
    If compensation awarded under this Article cannot be paid due to insufficient funds in the Crime Victims Compensation Fund, payment shall be delayed until sufficient...
  • § 15B-23   Crime Victims Compensation Fund
    There is established the Crime Victims Compensation Fund. Revenue in the Crime Victims Compensation Fund includes amounts credited to the Fund under G.S. 148‑2 and...
  • § 15B-24   Requiring defendant to pay restitution encouraged
    Pursuant to a Court's power to require restitution as a condition of probation, parole or work‑release privileges, a Court may require a defendant to pay...
  • § 15B-25   Compensation limits
    This Article shall not be construed to create a right to receive compensation. Compensation payable under Chapter 15B shall only be available to the extent...
  • § 15B-26   Reserved for future codification purposes
  • § 15B-27   Reserved for future codification purposes
  • § 15B-28   Reserved for future codification purposes
  • § 15B-29   Reserved for future codification purposes

Article 2 - The Crime Victims Financial Recovery Assistance Act.

  • § 15B-30   Declaration of policy and purpose
    The General Assembly of North Carolina hereby declares as a matter of public policy that: (1) No person who commits a crime should thereafter gain...
  • § 15B-31   Definitions
    The following definitions apply in this Article: (1) Commission. The Crime Victims Compensation Commission established under G.S. 15B‑3. (2) Convicted. A finding or verdict of...
  • § 15B-32   Notice of contract or agreement to pay
    (a) Notice to Commission. (1) Every person, firm, corporation, partnership, association, or other legal entity, or representative of a person, firm, corporation, partnership, association, or...
  • § 15B-33   Penalties
    (a) Assessment and Civil Penalty for Failure to Give Notice. Any person or entity, other than the State, a subdivision of the State, or a...
  • § 15B-34   Civil action to recover profits or funds; responsibilities of the Commission
    (a) Civil Action. Notwithstanding any inconsistent provision of law with respect to the timely bringing of an action, an eligible person may, within three years...
  • § 15B-35   Subrogation by the Crime Victims Compensation Fund
    Claims on profit from crime or funds of an offender are subject to subrogation by the Crime Victims Compensation Fund pursuant to G.S. 15B‑18. (2004‑159,...
  • § 15B-36   Conviction overturned or pardon issued
    If profit from crime is subject to a provisional remedy on behalf of eligible persons and the conviction for the criminal offense from which profit...
  • § 15B-37   Evasive action void
    Any action taken by an offender, whether by way of execution of a power of attorney, creation of corporate entities, or otherwise, to defeat the...