| (a) As required by Texas Code of Criminal Procedure
Article 56.46(a), a victim or claimant may not file an application
with the OAG unless he or she timely reports the crime to the appropriate
state or local public safety or law enforcement agency. This timely
reporting requirement does not apply to a victim who is a child, as
defined by Texas Code of Criminal Procedure Article 56.32(a)(1), or
emergency medical care applications.
(b) For criminally injurious conduct that occurred
prior to September 1, 1997, the report to a law enforcement agency
must have been made within 72 hours. After September 1, 1997, the
report to a law enforcement agency must have been made within a reasonable
time so as not to interfere with or hamper the investigation and prosecution
of the crime.
(c) If the OAG determines that extraordinary circumstances
exist, then the reporting period may be extended. Extraordinary circumstances,
as deemed acceptable by the OAG, may be shown by verification of the
following:
(1) physical or psychological factors prevented the
victim or claimant from reporting in a timely manner;
(2) threats were made against the victim or claimant
in an attempt to prevent the reporting of the crime;
(3) communication barriers existed that prevented the
victim or claimant from timely reporting; or
(4) any other circumstance that the OAG considers significant.
|
| Source Note: The provisions of this §61.203 adopted to be effective December 15, 2002, 27 TexReg 11513; amended to be effective October 30, 2014, 39 TexReg 8373; amended to be effective August 20, 2017, 42 TexReg 3961 |
