| (a) The limits on amounts of awards may be different
from the amounts listed in this chapter based on the statute and rules
in effect at the time of the criminally injurious conduct.
(b) Under Texas Code of Criminal Procedure Article
56.32(a)(9)(c), the actual cost of care for a child victim, a dependent
of a victim or a minor child of a victim may be awarded if the criminally
injurious conduct occurred on or after September 1, 1997, and the
care is a new and ongoing expense resulting from the criminally injurious
conduct. Care of a child or dependent under this section is subject
to the following provisions:
(1) For criminally injurious conduct that occurs between
May 8, 2005 and July 14, 2016, child care is limited to 13 continuous
weeks if the victim is not deceased, unless good cause exists;
(2) For criminally injurious conduct that occurs on
or after July 15, 2016, child care is limited to 52 continuous weeks
if the victim is not deceased, unless good cause exists;
(3) Limited to children 14 and under, unless good cause
exists;
(4) Must be provided by a licensed, registered, or
certified care provider;
(5) May not be paid once a person no longer qualifies
as a child or dependent; and
(6) Limited to the following amounts for criminally
injurious conduct occurring:
(A) Between September 1, 1997 and July 14, 2016, $100
per week for each child or dependent; or
(B) On or after July 15, 2016, $300 per week for each
child or dependent.
(c) Funeral and burial expenses provided by Texas Code
of Criminal Procedure Article 56.32(a)(9)(D) are limited as follows:
(1) for criminally injurious conduct occurring before
July 15, 2016, compensation may not exceed $4500;
(2) for criminally injurious conduct occurring on or
after July 15, 2016, compensation may not exceed $6500; and
(3) the actual, reasonable and necessary costs of transporting
the deceased victim 50 miles or more to the funeral service location,
and 50 miles or more to the place of burial, are allowable funeral
and burial expenses which are in addition to the funeral and burial
limits associated with paragraphs (1) and (2) of this subsection.
(d) Under Texas Code of Criminal Procedure Article
56.32(a)(9)(F), the actual, reasonable, and necessary cost of cleaning
the crime scene is limited as follows:
(1) for criminally injurious conduct that occurs between
September 1, 1995 and July 14, 2016, compensation may not exceed $750;
and
(2) for criminally injurious conduct that occurs on
or after July 15, 2016, compensation may not exceed $2250 per victim.
(e) Under Texas Code of Criminal Procedure Article
56.32(a)(9)(G), the OAG may pay for the reasonable replacement costs
as follows:
(1) for criminally injurious conduct that occurs between
September 1, 1995 and July 14, 2016, compensation may not exceed $750;
and
(2) for criminally injurious conduct that occurs on
or after July 15, 2016, compensation may not exceed $1000 per victim.
(f) Under Texas Code of Criminal Procedure Article
56.61, the OAG may reimburse claimants for pecuniary losses within
the limits and at the rates in effect on the date the identity of
the victim is established by a law enforcement agency.
|
| Source Note: The provisions of this §61.405 adopted to be effective December 15, 2002, 27 TexReg 11513; amended to be effective May 8, 2005, 30 TexReg 2491; amended to be effective November 14, 2007, 32 TexReg 8117; amended to be effective October 30, 2014, 39 TexReg 8373; amended to be effective July 5, 2016, 41 TexReg 4797 |
