28-5-104. When award of compensation not to be recommended generally; limitations on amounts; action by General Assembly upon recommendations.

In no event shall the board recommend that compensation be awarded to:#

1. (1)

   Any victim of a criminal act not provided for in Code Section 28-5-100;#

2. (2)

   Anyone who:#

   1. (A)

      Is a spouse, parent, grandparent, child (natural or adopted), grandchild, brother, sister, half brother, half sister, or parent of the spouse of the offender;#

   2. (B)

      Was, at the time of the personal injury or death of the victim, living with the offender as a member of his or her family or household or maintaining a sexual relationship, whether illicit or not, with such person or with any member of the family of such person;#

   3. (C)

      Violated a penal law of this state which violation caused or contributed to his or her injuries or death; or#

   4. (D)

      Was injured as a result of the operation of a motor vehicle, boat, or airplane, unless the same was used as a weapon in a deliberate attempt to run the victim down;#

3. (3)

   Any officer of the law injured in the performance of his or her official duties; or#

4. (4)

   Any person who is or was at the time of the alleged loss an inmate in the custody of the Department of Corrections.#

No compensation shall be recommended by the board in an amount exceeding $5,000.00 per claim.#

The board shall, in an advisory way only, recommend to the General Assembly payment of compensation and the amount thereof; and the General Assembly shall act on such recommendation in accordance with law and the rules of the House and Senate for action upon such resolutions.#