Current through Reg. 49, No. 38; September 20, 2024
(a) An
application for compensation shall be denied if:
(1) the criminally injurious conduct is not
reported to law enforcement as required by Texas Code of Criminal Procedure
Article 56.46;
(2) the application
does not satisfy the requirements of Texas Code of Criminal Procedure Articles
56.36 and 56.37;
(3) the victim or
claimant knowingly and willingly participated in the criminally injurious
conduct as prohibited by Texas Code of Criminal Procedure Article
56.41(b)(3);
(4) the victim or
claimant is determined by law enforcement to be the offender or an accomplice
as prohibited by Texas Code of Criminal Procedure Article
56.41(b)(4);
(5) an award of
compensation to the victim or claimant would benefit the offender or an
accomplice as prohibited by Texas Code of Criminal Procedure Article
56.41(b)(5);
(6) the victim or
claimant was incarcerated at the time the offense was committed as prohibited
by Texas Code of Criminal Procedure Article 56.41(b)(6);
(7) the victim or claimant, as prohibited by
Texas Code of Criminal Procedure Article 56.41(b)(7), knowingly or
intentionally:
(A) submits, or causes to be
submitted by a third party, a material statement or representation of fact that
the person knows or intends to be false or forged; or
(B) omits material information in an
application or supporting documentation that the person knows or should
reasonably know will result in reliance upon the omission.
(b) An application for
compensation may be denied under Texas Code of Criminal Procedure Article 56.45
if:
(1) the victim or claimant has not
substantially cooperated with the appropriate law enforcement agency;
(2) the victim or claimant is responsible for
the act or omission giving rise to the application because of the victim or
claimant's behavior and a reduction is not granted under §
RSA
61.301 of this subchapter (relating to
Reducing an Application or Award); or
(3) the victim or claimant was engaging in an
activity at the time of the criminally injurious conduct that was prohibited by
law, excluding minor traffic offenses or other certain non-violent
misdemeanors.
(c)
Applications arising out of the criminally injurious conduct of trafficking of
persons will not be denied solely because the victim engaged in an activity
prohibited by law due to threat, coercion, or intimidation as a part of
criminally injurious conduct giving rise to the application.
(d) Under Texas Code of Criminal Procedure
Articles 56.311 and 56.45(1), the legislature intended the CVC program to
encourage greater public cooperation in the successful apprehension and
prosecution of criminals. When determining whether a victim or claimant has
substantially cooperated with law enforcement, the OAG will consider the
totality of facts and circumstances, including but not limited to:
(1) the victim's physical and mental capacity
to participate in the investigation, apprehension and prosecution of the
offender or offenders;
(2) whether
the victim has provided a true, accurate and complete description of the
crime;
(3) the extent to which the
victim or claimant has participated in investigative activities;
(4) the extent to which the victim or
claimant has participated in the prosecution of the offender; and
(5) whether any delays in substantial
cooperation hindered or hampered the successful apprehension and prosecution of
the offender.
