Current through Reg. 49, No. 38; September 20, 2024
(a)
Pursuant to Texas Code of Criminal Procedure Article 56.32(a)(9)(E), the OAG
may make payments for actual loss of support for the dependent(s) of a victim.
Under this provision, actual loss of support will be paid to the victim or to a
claimant on behalf of a dependent(s) if the victim is deceased.
(b) To determine the actual loss of support
for the dependent(s), the OAG may consider the victim's income and the
offender's income if the income source was available for the dependent(s) on
the date of the criminally injurious conduct and was lost as a result of that
criminally injurious conduct. The amount of any award for loss of support shall
be reduced by any payments from collateral sources and any loss of earnings
paid under §
RSA 61.402 of
this subchapter (relating to Loss of Earnings). Loss of support payments may
not exceed the actual pecuniary loss or any other limits set by this
section.
(c) Consistent with Texas
Code of Criminal Procedure Article 56.41(b)(5), the OAG shall not make loss of
support payments for the dependent(s) of a victim if the offender or an
accomplice of the offender would benefit from such payment, consistent with
§
RSA 61.413 of
this subchapter (relating to Unjust Enrichment).
(d) The OAG will review the supporting
documentation provided by the victim or claimant to determine eligibility and
amount of an award of loss of support payments. The OAG will determine if the
documentation is sufficient to support an award under this section. The victim
or claimant must provide all documentation deemed necessary by the OAG as proof
of the following:
(1) the dependent is the
victim's dependent, as defined in Texas Code of Criminal Procedure Article
56.32(a)(5);
(2) the amount of net
income or other verifiable support available for the dependent;
(3) if applicable, verification that the
victim is deceased or verification of the medical disability of the victim
consistent with §
RSA
61.502 of this chapter (relating to Medical
Reports and Records); and
(4) any
other documentation deemed necessary by the OAG.
(e) Payments made under this section are
subject to ongoing review by the OAG to determine continued eligibility. If the
victim has a medical disability as a result of the criminally injurious conduct
and therefore is unable to work, then the victim or claimant must comply with,
and is subject to, all provisions of §
RSA
61.502 of this chapter.
(f) Loss of support payments for the
dependent(s) of a deceased victim may be paid on an ongoing basis at 100% of
the pecuniary loss, subject to the award cap determined by the date of the
criminally injurious conduct, up to the maximum amount of the claim or until
the dependent(s) no longer qualifies due to age or emancipation, subject to the
following provisions:
(1) If there are
multiple dependents of a deceased victim, the OAG will pay the loss of support
payments in equal amounts for each eligible dependent claimant not to exceed
the aggregate limits set in paragraph (2) of this subsection.
(2) The amount of the loss of support payment
awarded for the dependent(s) of a deceased victim is determined by the date of
the criminally injurious conduct and is limited pursuant to Texas Code of
Criminal Procedure Article 56.42(c) as follows:
(A) Between January 1, 1980 and August 31,
1989, the maximum amount of an award for loss of support is $150 per
week.
(B) Between September 1, 1989
and August 31, 1995, the maximum amount of an award for loss of support is $200
per week.
(C) Between September 1,
1995 and January 31, 1998, the maximum amount of an award for loss of support
is $400 per week.
(D) Between
February 1, 1998 and July 14, 2016, the maximum amount of an award for loss of
earnings is $500 per week.
(E) On
or after July 15, 2016, the maximum amount of an award for loss of earnings is
$700 per week.
(g) Loss of support payments made for the
dependent(s) of a surviving victim may be paid to the victim, subject to the
following provisions:
(1) To be eligible to
receive an award under this section, the criminally injurious conduct causing
the injury to the surviving victim must have occurred on or after September 1,
1997.
(2) If there are multiple
dependents of a surviving victim, the OAG will pay the loss of support payments
in equal amounts for each eligible dependent not to exceed the aggregate limits
set in paragraph (3) of this subsection.
(3) The amount of the loss of support payment
awarded for dependent(s) of a surviving victim is determined by the date of the
criminally injurious conduct and is limited pursuant to Texas Code of Criminal
Procedure Article 56.42(c) as follows:
(A)
Between September 1, 1997 and January 31, 1998, the maximum amount of an award
for loss of support is $400 per week.
(B) Between February 1, 1998 and July 14,
2016, the maximum amount of an award for loss of support is $500 per
week.
(C) On or after July 15,
2016, the maximum amount of an award for loss of support is $700 per
week.
(4) An award of
loss of support for the dependent(s) of a surviving victim is limited to 13
continuous weeks following the date of the criminally injurious conduct. If the
surviving victim is medically disabled as a result of the criminally injurious
conduct, such that the surviving victim is unable to work, loss of support
payments for the dependent(s) of the surviving victim will be paid during the
medical disability period and will continue for 13 continuous weeks after the
removal of the medical disability. Loss of support payments are subject to the
limits in effect on the date of the criminally injurious conduct, and are paid
up to the maximum amount of the claim or until the dependent(s) no longer
qualifies as a dependent by age or emancipation.
