| (2) The bodily personal injury resulted from conduct | that violates a criminal law of the United States; or |
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| (3) The crime occurred in another state, but only if | the person is a resident of this State and the other | state does not have a victim compensation program for | which residents of this State are eligible, and the | person would have been eligible under this chapter if | the conduct had occurred in this State; or |
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| D. Is a resident of this State and suffers bodily personal | injury as a direct result of a crime specified in section | 3360, subsection 3, paragraph F committed outside of the | United States. |
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| | Sec. 5. 5 MRSA §3360-D, sub-§1, ¶A, as enacted by PL 1991, c. 806, §3, | is amended to read: |
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| A. Claims must be in writing and under oath. |
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| | Sec. 6. 5 MRSA §3360-E, first ¶, as amended by PL 1997, c. 378, §9, is | further amended to read: |
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| | The board may award compensation to a claimant of up to $7,500 | for actual and unreimbursed losses and eligible expenses of any | person who is sexually assaulted or who suffers bodily personal | injury or death as the result of a crime specified in section | 3360, subsection 3. |
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| | Sec. 7. 5 MRSA §3360-F, sub-§3, as enacted by PL 1991, c. 806, §3, is | amended to read: |
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| | 3. Determination of award. The board shall determine by a | preponderance of the evidence whether a specified crime occurred, | whether the bodily personal injury or death was the result of | that criminal conduct, the amount of eligible expenses and losses | suffered by the claimant, whether to award compensation and the | amount of the compensation. In determining the amount of | compensation to be paid, the board shall consider the amount | available to pay victim compensation claims, the history of | claims paid by the board, the number and amount of currently | pending claims and the nature and cost of expenses submitted by | the claimant. |
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| | Sec. 8. Application. Notwithstanding the Maine Revised Statutes, | Title 1, section 302, this Act applies to all requests for | compensation pending before the Victims' Compensation Board on | the effective date of this Act. |
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