| (a) To reduce an application or award under Texas Code
of Criminal Procedure Article 56.45(a)(2), the OAG may consider the
victim's behavior if it was a significant factor in the cause of the
personal injury. If the OAG determines that the victim shared a portion
of the responsibility for the act or omission that gave rise to the
application, the OAG may reduce the award for compensation by 25%
or 50%. When an award for compensation is reduced, the reduction applies
to each bill, each individual award amount, and the aggregate award
amount.
(b) Emergency medical care applications are not subject
to Texas Code of Criminal Procedure Article 56.45(a)(2), and therefore
this rule does not apply to emergency medical care applications.
(c) When determining whether a victim's behavior is
a significant factor in the cause of the personal injury, the OAG
will consider the totality of facts and circumstances, including but
not limited to:
(1) the victim's ability to have reasonably avoided
the incident;
(2) the nature and extent of injuries sustained by
the victim;
(3) the nature and extent of injuries sustained by
the alleged offender or offenders;
(4) exhibition or use of a deadly weapon;
(5) the relationship, if any, between the victim and
offender or offenders, including a history of criminally injurious
conduct;
(6) the proportionate responsibility between the parties;
(7) the opinions and conclusion of law enforcement
investigators assigned to the case;
(8) the legal opinions and conclusions of prosecutorial
agencies regarding the presentation of criminal charges and an assessment
of affirmative defenses;
(9) the results of the victim's actions could have
been reasonably foreseen by the victim at the time;
(10) there is a causal relationship between the victim's
or claimant's conduct; and
(11) the degree of harm that occurred as a result of
the criminally injurious conduct and the future harm that may occur
if compensation is not awarded.
|
| Source Note: The provisions of this §61.301 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 |
