1 Tex. Admin. Code § 61.202 - Timely Filing an Application
Except as provided by paragraph (7) of this section:
(1) An application for compensation based on
criminally injurious conduct that occurred between January 1, 1980, and August
31, 1983, must have been filed with the OAG not later than 180 days from the
date of the criminally injurious conduct.
(2) An application for compensation based on
criminally injurious conduct that occurred between September 1, 1983 and August
31, 1997, must have been filed with the OAG not later than one year from the
date of the criminally injurious conduct.
(3) An application for compensation based on
criminally injurious conduct that occurred on or after September 1, 1997 must
be filed with the OAG not later than three years from the date of the
criminally injurious conduct.
(4)
In accordance with Texas Code of Criminal Procedure Article 56.37(b), the OAG
may extend the time for filing an application upon good cause shown by the
claimant or victim. Good cause, as determined by the OAG, includes the
following circumstances:
(A) the victim or
claimant was not informed about the CVC program by a law enforcement agency,
public service agency or service provider and the victim or claimant has not
previously applied for or received compensation from the CVC Program;
(B) physical or psychological factors
prevented the victim or claimant from filing in a timely manner;
(C) communication barriers existed that
prevented the victim or claimant from filing in a timely manner; or
(D) any other circumstance that the OAG
considers significant.
(5) In accordance with Texas Code of Criminal
Procedure Article 56.37(c), if the victim is a child, the application must be
filed within three years from the date the claimant or victim is made aware of
the crime but not after the child is 21 years of age.
(6) In accordance with Texas Code of Criminal
Procedure Article 56.37(d), the OAG will exclude a period of incapacity from
the time to file an application if the victim or claimant:
(A) submits medically documented evidence of
a physical or mental incapacity;
(B) the period of incapacity is a result of
the criminally injurious conduct; and
(C) the incapacity reasonably prevented the
victim or claimant from filing an application within the statutorily prescribed
limit in effect on the date of the criminally injurious conduct.
(7) In accordance with Texas Code
of Criminal Procedure Article 56.37(e), an application on behalf of a victim of
criminal homicide must be filed with the OAG not later than three years after
the date the victim's identity is established by a law enforcement
agency.
Notes
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