(a) An application for compensation shall be denied
if:
(1) the criminally injurious conduct is not reported
to law enforcement as required by Texas Code of Criminal Procedure
Article 56.46;
(2) the application does not satisfy the requirements
of Texas Code of Criminal Procedure Articles 56.36 and 56.37;
(3) the victim or claimant knowingly and willingly
participated in the criminally injurious conduct as prohibited by
Texas Code of Criminal Procedure Article 56.41(b)(3);
(4) the victim or claimant is determined by law enforcement
to be the offender or an accomplice as prohibited by Texas Code of
Criminal Procedure Article 56.41(b)(4);
(5) an award of compensation to the victim or claimant
would benefit the offender or an accomplice as prohibited by Texas
Code of Criminal Procedure Article 56.41(b)(5);
(6) the victim or claimant was incarcerated at the
time the offense was committed as prohibited by Texas Code of Criminal
Procedure Article 56.41(b)(6);
(7) the victim or claimant, as prohibited by Texas
Code of Criminal Procedure Article 56.41(b)(7), knowingly or intentionally:
(A) submits, or causes to be submitted by a third party,
a material statement or representation of fact that the person knows
or intends to be false or forged; or
(B) omits material information in an application or
supporting documentation that the person knows or should reasonably
know will result in reliance upon the omission.
(b) An application for compensation may be denied under
Texas Code of Criminal Procedure Article 56.45 if:
(1) the victim or claimant has not substantially cooperated
with the appropriate law enforcement agency;
(2) the victim or claimant is responsible for the act
or omission giving rise to the application because of the victim or
claimant's behavior and a reduction is not granted under §61.301
of this subchapter (relating to Reducing an Application or Award);
or
(3) the victim or claimant was engaging in an activity
at the time of the criminally injurious conduct that was prohibited
by law, excluding minor traffic offenses or other certain non-violent
misdemeanors.
(c) Applications arising out of the criminally injurious
conduct of trafficking of persons will not be denied solely because
the victim engaged in an activity prohibited by law due to threat,
coercion, or intimidation as a part of criminally injurious conduct
giving rise to the application.
(d) Under Texas Code of Criminal Procedure Articles
56.311 and 56.45(1), the legislature intended the CVC program to encourage
greater public cooperation in the successful apprehension and prosecution
of criminals. When determining whether a victim or claimant has substantially
cooperated with law enforcement, the OAG will consider the totality
of facts and circumstances, including but not limited to:
(1) the victim's physical and mental capacity to participate
in the investigation, apprehension and prosecution of the offender
or offenders;
(2) whether the victim has provided a true, accurate
and complete description of the crime;
(3) the extent to which the victim or claimant has
participated in investigative activities;
(4) the extent to which the victim or claimant has
participated in the prosecution of the offender; and
(5) whether any delays in substantial cooperation hindered
or hampered the successful apprehension and prosecution of the offender.
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Source Note: The provisions of this §61.302 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; amended to be effective September 18, 2022, 47 TexReg 5473 |