Current through Reg. 49, No. 38; September 20, 2024
(a) Compensation
for extraordinary pecuniary losses are available to victims of criminally
injurious conduct which occurred after September 1, 1995. Losses associated
with subsection (g)(6) , (7), and (8) of this section are only available for
victims of criminally injurious conduct which occurred after September 1,
2001.
(b) Pursuant to Texas Code of
Criminal Procedure Article 56.42(b), the OAG may only award an additional
amount to be used for actual extraordinary pecuniary losses if the personal
injury to a victim is catastrophic and results in a total and permanent
disability to the victim. Claims for extraordinary pecuniary losses are
governed by the statute and rules in effect on the date of the criminally
injurious conduct.
(c) Once the OAG
determines that a victim is eligible for additional compensation, the OAG may
approve payment of expenses from either the victim's initial compensation
amount or from the additional compensation amount, as determined appropriate by
the OAG. The additional compensation for extraordinary pecuniary losses is
available for the actual, reasonable and necessary costs incurred as a result
of the criminally injurious conduct occurring on or after September 1, 1995, as
follows:
(1) An award for additional
compensation for extraordinary pecuniary losses arising from criminally
injurious conduct that occurred between September 1, 1995 and August 31, 1997,
shall not exceed $25,000.
(2) An
award for additional compensation for extraordinary pecuniary losses arising
from criminally injurious conduct that occurred between September 1, 1997 and
August 31, 2001, shall not exceed $50,000.
(3) An award for additional compensation for
extraordinary pecuniary losses arising from criminally injurious conduct that
occurred on or after September 1, 2001, shall not exceed $75,000.
(d) Lost wages under this section
has the same meaning as loss of earnings in this chapter. Loss of earnings
under this section will be computed, as follows:
(1) By determining the weekly net earnings of
a victim at the time of the criminally injurious conduct and multiplying the
victim's net earnings by the number of weeks the victim continues to incur a
loss of earnings; and
(2) The OAG
will consider any other income earned subsequent to the crime, and any
collateral source under Texas Code of Criminal Procedure Article
56.32(a)(3).
(e) Lost
wages may be paid upon verification of one of the following:
(1) income reported to the Internal Revenue
Service;
(2) documentation from the
Texas Workforce Commission;
(3) an
affidavit from an employer, including the employer's Texas Workforce Commission
employer identification number; or
(4) any other source approved by the
OAG.
(f) Lost wages
available under Texas Code of Criminal Procedure Article 56.42(b) are
determined by the date of criminally injurious conduct and are limited pursuant
to Texas Code of Criminal Procedure Article 56.42(c) as follows:
(1) Between January 1, 1980 and August 31,
1989, the maximum amount of an award for loss of earnings is $150 per
week.
(2) Between September 1, 1989
and August 31, 1995, the maximum amount of an award for loss of earnings is
$200 per week.
(3) Between
September 1, 1995 and January 31, 1998, the maximum amount of an award for loss
of earnings is $400 per week.
(4)
Between February 1, 1998 and July 14, 2016, the maximum amount of an award for
loss of earnings is $500 per week.
(5) On or after July 15, 2016, the maximum
amount of an award for loss of earnings is $700 per week.
(g) The additional compensation for
extraordinary pecuniary losses shall be used only for the specific costs
articulated in Texas Code of Criminal Procedure Article 56.42(b). Compensation
may be made to replace lost wages and the following reasonable and necessary
extraordinary pecuniary losses for expenses incurred as follows:
(1) Making a home accessible, including the
actual, reasonable and necessary physical or structural modifications to a
residence that are necessary to maintain an optimal level of independence in
the activities of daily living. This includes, but is not limited to,
modifications for ingress and egress to the home, modifying a kitchen, bedroom,
or bathroom to accommodate the victim's physical limitations resulting from the
criminal injury. The legal owner of the residence must submit to the OAG
verification of ownership and written permission to modify the
dwelling.
(2) Making an automobile
accessible, including equipping a personal vehicle with reasonable and
necessary equipment to allow the victim to control or to enter the vehicle to
maintain an optimal level of independence in the activities of daily living.
Modification of a vehicle is limited to one time per two year period unless
good cause exists.
(3) Expenses for
job training or vocational rehabilitation may be compensated if the service
provider is licensed. Job training or vocational rehabilitation should be based
upon a referral by one of the health care service providers treating the
victim's injuries that resulted in the disability. All other collateral sources
for job training and vocational rehabilitation must be utilized. Itemized bills
must indicate the dates of service and the nature of the services provided.
Semi-annual reviews of these conditions shall be conducted to assure continued
compliance within the predicted length of rehabilitation.
(4) Training in the use of special appliances
necessary due to the victim's physical limitations.
(5) Home health care expenses may be paid for
services provided by health care service providers upon submission by the
victim or claimant to the OAG of an itemized bill. Home health care service
providers must be licensed, certified or registered within the state in which
services are being provided. Itemized bills must indicate the dates of service
and the nature of the services provided.
(6) Durable medical equipment, including
those items that can withstand repeated use, are primarily used to serve a
medical purpose, are generally not useful to a person in the absence of
illness, injury or disease, and are appropriate for use in the victim's home or
workplace or to assist with activities of daily living.
(7) Rehabilitation technology, including
those therapeutic devices or systems, deemed appropriate by the OAG, which help
the victim attain maximum function and an optimal level of independence in the
activities of daily living.
(8)
Long-term medical expenses are:
(A) incurred
for medically indicated treatment which are considered reasonable and necessary
and the expense occurs after 12 months of total and permanent disability or
after the victim has reached maximum medical improvement, whichever is sooner;
and
(B) medical, as defined by
§
RSA
61.101(a)(9) of this chapter
(relating to Definitions), expenses which are a direct result of the criminally
injurious conduct include, but are not limited to: medications, supplies,
surgery, and surgery related expenses necessary to sustain or achieve the
highest possible quality of life; or
(C) other expenses resulting from medically
indicated treatment related to the criminally injurious conduct in which the
OAG finds good cause for an expense to be covered as a long-term medical
expense which is either:
(i) prior to the 12
month period of total and permanent disability; or
(ii) outside of the services listed in this
section.
