Current through Reg. 49, No. 38; September 20, 2024
(a) The
limits on amounts of awards may be different from the amounts listed in this
chapter based on the statute and rules in effect at the time of the criminally
injurious conduct.
(b) Under Texas
Code of Criminal Procedure Article 56.32(a)(9)(c), the actual cost of care for
a child victim, a dependent of a victim or a minor child of a victim may be
awarded if the criminally injurious conduct occurred on or after September 1,
1997, and the care is a new and ongoing expense resulting from the criminally
injurious conduct. Care of a child or dependent under this section is subject
to the following provisions:
(1) For
criminally injurious conduct that occurs between May 8, 2005 and July 14, 2016,
child care is limited to 13 continuous weeks if the victim is not deceased,
unless good cause exists;
(2) For
criminally injurious conduct that occurs on or after July 15, 2016, child care
is limited to 52 continuous weeks if the victim is not deceased, unless good
cause exists;
(3) Limited to
children 14 and under, unless good cause exists;
(4) Must be provided by a licensed,
registered, or certified care provider;
(5) May not be paid once a person no longer
qualifies as a child or dependent; and
(6) Limited to the following amounts for
criminally injurious conduct occurring:
(A)
Between September 1, 1997 and July 14, 2016, $100 per week for each child or
dependent; or
(B) On or after July
15, 2016, $300 per week for each child or dependent.
(c) Funeral and burial expenses
provided by Texas Code of Criminal Procedure Article 56.32(a)(9)(D) are limited
as follows:
(1) for criminally injurious
conduct occurring before July 15, 2016, compensation may not exceed
$4500;
(2) for criminally injurious
conduct occurring on or after July 15, 2016, compensation may not exceed $6500;
and
(3) the actual, reasonable and
necessary costs of transporting the deceased victim 50 miles or more to the
funeral service location, and 50 miles or more to the place of burial, are
allowable funeral and burial expenses which are in addition to the funeral and
burial limits associated with paragraphs (1) and (2) of this
subsection.
(d) Under
Texas Code of Criminal Procedure Article 56.32(a)(9)(F), the actual,
reasonable, and necessary cost of cleaning the crime scene is limited as
follows:
(1) for criminally injurious conduct
that occurs between September 1, 1995 and July 14, 2016, compensation may not
exceed $750; and
(2) for criminally
injurious conduct that occurs on or after July 15, 2016, compensation may not
exceed $2250 per victim.
(e) Under Texas Code of Criminal Procedure
Article 56.32(a)(9)(G), the OAG may pay for the reasonable replacement costs as
follows:
(1) for criminally injurious conduct
that occurs between September 1, 1995 and July 14, 2016, compensation may not
exceed $750; and
(2) for criminally
injurious conduct that occurs on or after July 15, 2016, compensation may not
exceed $1000 per victim.
(f) Under Texas Code of Criminal Procedure
Article 56.61, the OAG may reimburse claimants for pecuniary losses within the
limits and at the rates in effect on the date the identity of the victim is
established by a law enforcement agency.
