Title CR, Code of Criminal Procedure

Art. 56A.552. NOTIFICATION OF VICTIM. The department shall immediately notify the victim of an offense, the victim's guardian, or the victim's close relative if the victim is deceased, if the victim, victim's guardian, or victim's close relative has notified the department as pro…

Art. 56A.553. NOTIFICATION OF WITNESS. The department shall immediately notify a witness who testified against a defendant at the trial for the offense for which the defendant is imprisoned, the witness's guardian, or the witness's close relative, if the witness, witness's guardi…

Art. 56A.554. REQUEST FOR NOTIFICATION; CHANGE OF ADDRESS. A victim, witness, guardian, or close relative who wants notification of a defendant's escape or transfer from custody under a writ of attachment or bench warrant must notify the department of that fact and of any change …

Art. 56A.555. NOTICE OF TRANSFER FROM OR RETURN TO CUSTODY. The department shall include in a notice provided under Article 56A.552(2) or 56A.553(2) the name, address, and telephone number of the peace officer receiving the defendant into custody. On returning the defendant to th…

Art. 56A.601. DATABASE FOR DEFENDANT RELEASE INFORMATION. The department shall: (1) create and maintain a computerized database containing the release information and release date of a defendant convicted of an offense described by Article 56A.502; and (2) allow a victim or witne…

Art. 56A.602. VICTIM-OFFENDER MEDIATION. The victim services division of the department shall: (1) train volunteers to act as mediators between victims, guardians of victims, and close relatives of deceased victims and offenders whose criminal conduct caused bodily injury or deat…

Art. 56A.603. CLEARINGHOUSE ANNUAL CONFERENCE. The clearinghouse may: (1) conduct an annual conference to provide to participants in the criminal justice system training containing information on crime victims' rights; and (2) charge a fee to a person attending the conference des…

Art. 56A.604. CRIME VICTIM ASSISTANCE STANDARDS. The clearinghouse shall develop crime victim assistance standards and distribute those standards to law enforcement officers and attorneys representing the state to aid those officers and attorneys in performing duties imposed by t…

Art. 56B.001. SHORT TITLE. This chapter may be cited as the Crime Victims' Compensation Act. Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021.

Art. 56B.002. LEGISLATIVE FINDINGS AND INTENT. (a) The legislature recognizes that many innocent individuals suffer personal injury or death as a result of criminal acts. Crime victims and persons who intervene to prevent criminal acts often suffer disabilities, incur financial b…

Art. 56B.003. DEFINITIONS. In this chapter: (1) "Child" means an individual younger than 18 years of age who: (A) is not married; or (B) has not had the disabilities of minority removed for general purposes under Chapter 31, Family Code. (2) "Claimant" means any of the following …

Art. 56B.0035. CRIMINALLY INJURIOUS CONDUCT. (a) For purposes of this chapter, criminally injurious conduct includes the solicitation or patronization of forced labor or services, including sexual conduct, by any person if the solicitation or patronization occurs in connection wi…

Art. 56B.004. ADMINISTRATION; RULES. (a) The attorney general shall adopt rules consistent with this chapter governing its administration, including rules relating to the method of filing claims and the proof of entitlement to compensation and the review of health care services s…

Art. 56B.005. ANNUAL REPORT. Not later than the 100th day after the end of each state fiscal year, the attorney general shall submit to the governor and the legislature a report on the attorney general's activities during the preceding fiscal year, including a statistical summary…

Art. 56B.006. PUBLIC NOTICE. (a) A hospital licensed under the laws of this state shall display prominently in its emergency room posters giving notice of the existence and general provisions of this chapter. (b) The attorney general shall: (1) set standards for the location of t…

Art. 56B.007. NOTICE BY LOCAL LAW ENFORCEMENT AGENCY. (a) Each local law enforcement agency shall inform a claimant or victim of the provisions of this chapter and make application forms available. (b) The attorney general: (1) shall: (A) provide application forms and all other d…

Art. 56B.051. APPLICATION FOR COMPENSATION. (a) An applicant for compensation under this chapter must apply in writing on a form prescribed by the attorney general. (b) An application for compensation under this chapter must be verified and contain: (1) the date on which the crim…

Art. 56B.052. PERIOD FOR FILING APPLICATION. (a) Except as otherwise provided by this article, a claimant or victim must file an application not later than the third anniversary of the date of the criminally injurious conduct. (b) The attorney general may extend the time for fili…

Art. 56B.053. REPORTING OF OFFENSE REQUIRED. (a) Except as otherwise provided by this article, a claimant or victim may not file an application unless the victim reports the criminally injurious conduct to the appropriate state or local public safety or law enforcement agency wit…

Art. 56B.054. REVIEW AND INVESTIGATION OF APPLICATION. (a) The attorney general shall appoint a clerk to review each application for compensation described by Article 56B.051 to ensure the application is complete. (b) The attorney general may review the actual or proposed health …

Art. 56B.055. MENTAL OR PHYSICAL EXAMINATION; AUTOPSY. (a) For good cause shown, an order for a mental or physical examination or an autopsy as provided by Article 56B.054(e)(2) may be made on notice to the individual to be examined and, if applicable, to each person who has appe…

Art. 56B.056. HEARINGS AND PREHEARING CONFERENCES. (a) The attorney general shall determine whether a hearing on an application for compensation under this chapter is necessary. (b) On determining that a hearing is not necessary, the attorney general may approve the application i…

Art. 56B.057. APPROVAL OF APPLICATION. (a) The attorney general shall approve an application for compensation under this chapter if the attorney general finds by a preponderance of the evidence that grounds for compensation under this chapter exist. (b) The attorney general shall…

Art. 56B.058. DISCLOSURE AND USE OF INFORMATION. (a) This article does not apply to information made confidential by law. (b) An application for compensation under this chapter and any information, document, summary, or other record provided to or received, maintained, or created…

Art. 56B.101. TYPES OF ASSISTANCE. (a) On approving an application for compensation under Article 56B.057, the attorney general shall determine the type of state assistance that will best aid the claimant or victim. (b) The attorney general may: (1) authorize a cash payment to or…

Art. 56B.102. EMERGENCY AWARD. (a) The attorney general may make an emergency award for anticipated pecuniary losses if it appears likely that: (1) a final award will be made; and (2) the claimant or victim will suffer undue hardship if immediate economic relief is not obtained. …

Art. 56B.103. COMPENSATION FOR PECUNIARY LOSS. (a) The attorney general shall award compensation for pecuniary loss arising from criminally injurious conduct if the attorney general is satisfied by a preponderance of the evidence that the requirements of this chapter are met. (b)…

Art. 56B.104. COMPENSATION FOR HEALTH CARE SERVICES. (a) The attorney general shall award compensation for health care services according to the medical fee guidelines prescribed by Subtitle A, Title 5, Labor Code. (b) The attorney general, a claimant, or a victim is not liable f…

Art. 56B.105. COMPENSATION FOR CERTAIN CRIMINALLY INJURIOUS CONDUCT PROHIBITED. (a) Except as provided by Subsection (b), the attorney general may not award compensation for pecuniary loss arising from criminally injurious conduct that occurred before January 1, 1980. (b) The att…

Art. 56B.106. LIMITS ON COMPENSATION. (a) Except as otherwise provided by this article, awards payable to a victim and any other claimant sustaining pecuniary loss because of injury or death of that victim may not exceed $50,000 in the aggregate. (b) In addition to an award payab…

Art. 56B.107. DENIAL OR REDUCTION OF AWARD. (a) Except as otherwise provided by this article, the attorney general may deny or reduce an award otherwise payable: (1) if the claimant or victim has not substantially cooperated with an appropriate law enforcement agency; (2) if, as …

Art. 56B.108. RECONSIDERATION. (a) On the attorney general's own motion or on request of a claimant or victim, the attorney general may reconsider: (1) a decision to make or deny an award; or (2) the amount of an award. (b) At least annually, the attorney general shall reconsider…

Art. 56B.109. COMPENSATION FOR CERTAIN SURVIVORS OF MEMBERS OF TEXAS MILITARY FORCES. (a) In this article, "state active duty," "Texas military forces," and "Texas National Guard" have the meanings assigned by Section 437.001, Government Code. (b) The attorney general shall award…

Art. 56B.151. METHOD OF PAYMENT. The attorney general may pay an award in a lump sum or in installments as provided by this subchapter. Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021.

Art. 56B.152. PAYMENT FOR PECUNIARY LOSS ACCRUED AT TIME OF AWARD. The attorney general shall pay in a lump sum the part of an award equal to the amount of pecuniary loss accrued to the date of the award. Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. J…

Art. 56B.153. PAYMENT FOR PECUNIARY LOSS ACCRUED AFTER TIME OF AWARD. (a) Except as provided by Subsection (b), the attorney general shall pay in installments the part of an award for allowable expenses that accrue after the award is made. (b) At the request of the claimant or vi…

Art. 56B.154. RECIPIENT OF PAYMENT. The attorney general may make payments only to an individual who is a claimant or a victim or to a provider on the individual's behalf. Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021. SUBCHAPTER E. GEN…

Art. 56B.201. ADJUSTMENT OF AWARDS AND PAYMENTS. (a) The attorney general shall establish a policy to adjust awards and payments so that the total amount of awards granted in each calendar year does not exceed the amount of money credited to the compensation to victims of crime f…

Art. 56B.202. SUBROGATION. If compensation is awarded under this chapter, the state is subrogated to all the claimant's or victim's rights to receive or recover benefits for pecuniary loss to the extent compensation is awarded from a collateral source. Added by Acts 2019, 86th Le…

Art. 56B.203. AWARD NOT SUBJECT TO EXECUTION. (a) Except as provided by Subsection (b), an award is not subject to execution, attachment, garnishment, or other process. (b) An award is not exempt from a claim of a creditor to the extent that the creditor provided a product, servi…

Art. 56B.204. ASSIGNMENT OF BENEFITS FOR LOSS ACCRUING IN FUTURE. (a) Except as provided by Subsections (b) and (c), an assignment of or agreement to assign a right to benefits for loss accruing in the future is unenforceable. (b) An assignment of a right to benefits for loss of …

Art. 56B.251. DEFINITION. In this subchapter, "peace officer" means an individual elected, appointed, or employed to serve as a peace officer for a governmental entity under Article 2A.001 or other law. The term includes a former peace officer who is entitled to receive payments …

Art. 56B.252. APPLICABILITY. This subchapter applies only to a peace officer who is employed by this state or a local governmental entity in this state and who sustains an injury in the performance of the officer's duties as a peace officer as a result of criminally injurious con…

Art. 56B.253. PAYMENT ENTITLEMENT. A peace officer to whom this subchapter applies is entitled to an annual payment in the amount described by Article 56B.254 if the officer presents evidence satisfactory to the attorney general that: (1) the officer's condition is a total disabi…

Art. 56B.254. AMOUNT OF PAYMENT. The amount of an annual payment under this subchapter is equal to the difference between: (1) any amount received by the peace officer for the injury or disability from another source of income, including settlements related to the injury or disab…

Art. 56B.255. METHOD OF PAYMENT. A peace officer who is entitled to an annual payment under Article 56B.253 may elect to receive the payment in: (1) a single payment paid each year; or (2) equal monthly installments. Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. …