Title 29, Remedies and Special Proceedings

(a) Except as otherwise provided, the following person or persons shall be eligible for compensation pursuant to this chapter:(1) A victim of a crime;(2) In the case of the death of the victim, a dependent of the victim;(3) In the case of the death of a victim, where the compensa…

(a) Payment of compensation under this chapter shall be ordered for losses or expenses as defined in this section only upon submission of written documentation which clearly shows that such losses and expenses were actually and reasonably incurred by the claimant. The burden of p…

(1) For purposes of determining the amount of compensation to be awarded under § 29-13-106, the following standards shall be utilized in order to ensure the uniform application of this chapter:(1) Any award made for permanent partial or permanent total disabilities proximately ca…

(a) A claim for compensation must be filed not later than two (2) years after the occurrence of the crime upon which the claim is based, two (2) years after the death of the victim, or two (2) years after any mental or physical manifestation or injury is diagnosed as a result of …

(a) No award may be made under this section unless the claimant shall have shown, supported by a preponderance of the evidence, that:(1) Such an act did occur; and(2) The injury or death proximately resulted from such act. (1) Such an act did occur; and (2) The injury or death pr…

(a) In the filing of a claim, the claimant shall provide sufficient medical reports from physicians, surgeons, hospitals and other health care facilities to fully describe the injury suffered, the treatments rendered and the percentage of disability incurred, if disability benefi…

(a) Upon acceptance of a settlement offer by a claimant or receipt of an order by the commission, the division shall, without further authorization, and subject to available funds, pay the claimant the amount, and in the manner determined appropriate. Such payment shall be made f…

(a) (1) In addition to the amount of compensation awarded under this chapter, reasonable attorney's fees shall be determined and allowed to the attorney representing the claimant; provided, that no attorney's fees shall exceed the lesser of the following:(A) Fifteen percent (15%)…

(a) Whenever any person is convicted of an offense and an order for the payment of compensation is or has been made under this chapter for a personal injury or death resulting from the act constituting such offense, the state of Tennessee may institute an action against such pers…

(a) If it appears to the claims commission, prior to any hearing on a claim, that:(1) Such claim is one with respect to which an award will probably be made; and(2) Undue hardship will result to the claimant if immediate payment is not made;the claims commission may make an emerg…

Any person who asserts a false claim under this chapter, knowing such claim to be false, commits a Class C misdemeanor, and, upon conviction thereof, shall forfeit any benefit received and shall reimburse and repay the state for payments received or paid on such person's behalf p…

(a) Funds available from the criminal injuries compensation fund, created under § 40-24-107, shall be expended to effectuate this chapter, including all expenses to administer this chapter. (b) Use of available federal funds shall be specifically permitted to fund this program. I…

The state treasurer shall include in the annual report of the state treasurer, such financial, statistical or other relevant information to accurately report the financial condition of the criminal injuries compensation fund and the operation of this chapter.

(a) For purposes of this section, unless the context otherwise requires, “forensic medical examination” means an examination provided to a victim of a sexually-oriented crime by any health care provider who gathers evidence of a sexual assault in a manner suitable for use in a co…

(a) Claims for compensation brought under § 29-13-104(1)(B) shall be barred if the victim knew or reasonably should have known that the operator of the motor vehicle or watercraft was legally intoxicated or under the influence of a drug of abuse or both as proscribed by title 55.…

(1) As used in this part, unless the context otherwise requires:(1) “Commission” means the Tennessee claims commission created pursuant to § 9-8-301;(2) “Criminal injuries compensation award” means the compensation awarded pursuant to part 1 of this chapter;(3) “Division” means t…

The commission or the division may, in such manner as it deems appropriate, turn over criminal injury compensation awards made to a minor to the juvenile court clerk to be placed in an interest-bearing account for the benefit of the minor. The award shall be accompanied with a pe…

Encroachment on the funds shall be allowed for any injury related expenses specifically contemplated by the commission or the division in granting the compensation award. Encroachment on the funds may also be allowed for unusual medical expenses, including, but not limited to, ey…

(a) In order to obtain encroachment on the funds, a motion must be filed with the juvenile court by the custodian or other appropriate individuals. (b) The motion shall state the minor's name, the amount of money being currently held in the clerk's office for the benefit of the m…

The clerk's office shall provide forms which may be necessary to seek an encroachment order under this part. These forms shall be limited to use in causes filed under this part and they shall be made available to all who request assistance in filing a petition. The petitioner is …

To defray the expenses of administering a criminal injury compensation award under this part, the juvenile court clerk shall be entitled to receive a flat fee not to exceed five percent (5%) of the total amount tendered into the court. The fee shall be deducted by the clerk from …

(a) If the minor becomes a resident of another county in this state or becomes a resident of another state, the court may request the juvenile court of the county of the state in which the child has become a resident to accept jurisdiction of the trust and to continue the terms o…

Upon attaining eighteen (18) years of age, the minor may terminate the trust by submitting a written request therefor with the court clerk. The court clerk shall deliver to the minor all funds and interest income remaining in the trust less any outstanding fees, court costs, fine…

The juvenile court may deny a petition to establish a trust for the benefit of a minor as provided in this part; provided, that the court issues an order to that effect within fourteen (14) business days after receipt of the petition. The juvenile court clerk shall return the awa…

This part shall be known and may be cited as the “Victim Compensation from the Proceeds of the Crime Act of 1994.”

(1) As used in this part, unless the context otherwise requires:(1) “Attorney general and reporter” means the Tennessee attorney general and reporter;(2) “Crime” means an offense under the laws of this state resulting in a specific physical, mental, or pecuniary injury, or death,…

(a) (1) The attorney general and reporter shall collect all income, from whatever source derived, which is owing to the defendant, or representative or assignee of the defendant, after the date of the crime.(2) If the district attorney general of the district in which a defendant…

(1) Notwithstanding any inconsistent law with respect to survival of civil actions, the three-year period for filing a civil action as provided by § 29-13-403(b) does not begin to run until:(1) All moneys owing to the defendant under the terms of the contract have been paid to th…

(1) After establishing an escrow account, the attorney general and reporter shall notify victims of the existence of the account in the following manner:(1) By direct notification, if direct notice to a victim is possible and not unreasonable under the circumstances, as frequentl…

(a) If more than one (1) victim may claim funds from an escrow account, no victim may be compensated until all claims against the defendant have been adjudicated. (b) If more than one (1) victim recovers a judgment for money damages, and funds from the escrow account are insuffic…

(a) The attorney general and reporter immediately shall pay over to the defendant all of the funds in the escrow account:(1) Upon a showing by the defendant, or representative of the defendant, that three (3) years have elapsed from the date the escrow account has been establishe…

Upon a showing by the defendant to the attorney general and reporter or the court in which the defendant's case on appeal is pending, that legal representation would not be otherwise affordable, the defendant shall be entitled to use funds from the escrow account to obtain legal …

Upon a showing by the defendant that three (3) years have passed since the date the escrow account was established, and that all civil judgments against the defendant have been satisfied, all remaining funds from the escrow account shall be paid to the defendant. If the defendant…

An entity violating this part commits a Class A misdemeanor. If an entity contracts and makes payment to a defendant in violation of this part, the entity is liable to a victim of crime for three (3) times the amount that victim would be entitled to receive, plus the costs of col…

Any action taken by the defendant, whether by way of execution of a power of attorney, creation of corporate identity or otherwise, to defeat the purpose of this part is void as against the public policy of the state.