2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 1 - Generally (§§ 1 — 1973) › PART VII - Prevention and Control of Crime (§§ 901-912 — 983f) › Chapter 94D - Crime Victims Compensation Office (§§ 981 — 981n) › § 981 - Definitions

For the purposes of this chapter, the following terms and phrases shall have the meaning stated hereinafter:
(a) Cases of emergency.— A situation or occasional combination of unusual circumstances that cause an unexpected or unforeseen need that requires the immediate delivery of assistance in order to achieve a speedy course of action or obtain the remedy requested. For example, any medication, medical equipment or materials indispensable to alleviate a health condition that puts the life of the participant of the Program in imminent danger, or any equipment or materials needed for rehabilitation or safety in the home that, if not obtained immediately, could endanger the lives of the persons who live in the structure. The emergency shall be of such a nature that the assistance required could not be processed following the normal procedures. The facts or circumstances that caused the emergency and justified forgoing the regular procedures set forth in this section shall in all cases be stated. The report shall also include the pertinent document that certifies the need for the assistance requested and attesting evidence of the subsequent use of the assistance granted.
(b) Permanent physical injuries of a catastrophic nature.— Injuries that result as consequence of a criminal act and that have caused a disability of a permanent nature that deprives the victim of the use of one or more of his/her primary basic functions, such as: mobility, communication, self-care, self-direction, tolerance to work in terms of independent living or employability; reason for which his/her functions have been seriously affected thus limiting his/her ability to function; and which entails extraordinary medical expenses.
(c) Family.— The legal or consensual family nucleus that, at the time of the event, resides in the home with the victim and which are joined by ties of consanguinity or affinity in the second degree and that depend on the victim for more than fifty percent (50%) of their subsistence.
(d) Fund.— The Special Crime Victims Compensation Fund created by this chapter.
(e) Office.— The Crime Victims Compensation Office.
(f) Elderly.— A person who is sixty (60) years of age or older.
(g) Disabled person.— Any person who, as the consequence or the result of a congenital condition, disease, developmental deficiency, accident or who for any other reason is physically or mentally deprived permanently or indefinitely of one or more of his/her primary basic functions, such as: mobility, communication, self-care, self-direction, tolerance to work in terms of independent living or employability; and whose functions have been seriously affected, thus limiting the ability to function of said person.
(h) Claimant.— The person who requests the benefits of this chapter for him/herself or in representation of another. In the cases in which funeral expenses are claimed, a claimant may be a relative up to a third degree of consanguinity, even though he/she did not live with the victim, when said relative has incurred said funeral expenses and has attesting evidence thereof pursuant to what is established through regulations. Exclusively in cases of sexual assault, for purposes of the medical forensic examination, the hospital that rendered such service shall be treated as a claimant.
(i) Secretary.— The Secretary of Justice.
(j) Victim.— Every person who is a legal resident of Puerto Rico or any immigrant or legal alien of the United States who is a resident of Puerto Rico, who suffers bodily injury, disease, or death as a direct result of the commission of the crimes included in this chapter. Any victim who is an illegal alien and has requested protection under the Violence Against Women Act shall be considered under this subsection only in cases of domestic violence or sexual assault.
The term “person” includes:
(1) Every nonresident person under the same conditions as the residents of Puerto Rico provided that, in the jurisdiction in which he/she resides, the statutes do not provide for compensation to victims of crime, pursuant to the Federal Crime Victims Compensation Act of 1984, U.S.C. § 10602(b).
(2) Any person who is the victim of a crime or the attempt thereof under federal statutes, when the same is the equivalent of the crimes listed in § 981d of this title.
(3) Every person related to the victim by legal or consensual ties, consanguinity or affinity up to the second degree, that resides with him/her at the time of the events.
(4) Every person who depends on the victim for more than fifty percent (50%) of his/her subsistence expenses.
(5) Every person who suffers damages from an international act of terrorism as this term is defined in § 1202(a) of Public Law 100-690 of Nov. 18, 1988, as amended, 102 Stat. 4404, 18 USCS § 2331. In this case, the benefits of this chapter shall be granted to legal residents of Puerto Rico when damages are suffered during acts of terrorism outside of the jurisdiction of the United States of America or in any state that does not have a crime victims compensation program in effect, which includes acts of terrorism.
(6) Every person who is a legal resident of Puerto Rico and persons who are not residents that suffer damages or death for a crime related to an act of terrorism that occurred in Puerto Rico.
(7) Every person who is a victim or a dependent that suffers an injury or dies on being attacked for preventing or trying to prevent the commission of a crime, when arresting or trying to arrest a suspect of the commission of a crime or when helping or trying to help an officer of public law and order to, make an arrest.
The term “person” does not include agents of public law and order, the members of the Firefighters Corps or any other public employee whose main duty consists of protecting the citizenry and who suffers an injury in the performance of the duties inherent to his/her office.
(k) Hospital.— Any medical-hospital institution, emergency room, clinic, medical center, or facility that offers medical forensic examination services to sexual assault victims.
(l) Medical forensic examination.— It shall be any examination performed on a sexual assault victim by qualified medical personnel trained to collect evidence related to sexual assault which may be allowed to be used in court. Such examination shall at least include:
(1) Examination of physical trauma.
(2) Determination of forced penetration.
(3) Victim interview.
(4) Collection and evaluation of evidence.
(5) Sexually Transmitted Disease testing.
History —July 29, 1998, No. 183, § 3; Aug. 25, 2000, No. 195, § 1; Jan. 5, 2006, No. 3, § 1; June 8, 2010, No. 58, § 1.