(1) if the claimant or victim has not substantially cooperated with an appropriate law enforcement agency;
(2) if, as a result of the claimant's or victim's behavior, the claimant or victim bears a share of the responsibility for the act or omission giving rise to the claim;
(3) to the extent that pecuniary loss is recouped from a collateral source; or
(4) if the claimant or victim was engaging in an activity that at the time of the criminally injurious conduct was prohibited by law, including a rule.
(b) Subsection (a)(4) does not apply to a claimant or victim who seeks compensation for criminally injurious conduct that is:
(1) in violation of Section 20A.02(a)(7), Penal Code; or
(2) trafficking of persons, other than an offense described by Subdivision (1), if the activity the claimant or victim engaged in was the result of force, fraud, or coercion.
(c) The attorney general may not deny or reduce an award under Subsection (a)(1) based on the interactions of the claimant or victim with a law enforcement agency at the crime scene or hospital unless the attorney general finds that the claimant or victim, subsequent to the claimant's or victim's interactions at the crime scene or hospital, failed or refused to substantially cooperate with the law enforcement agency.
Added by Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 1.06, eff. January 1, 2021.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 860 (S.B. 957), Sec. 1, eff. September 1, 2021.
Structure Texas Statutes
Title 1 - Code of Criminal Procedure
Chapter 56B - Crime Victims' Compensation
Subchapter C. Award of Compensation
Article 56B.101. Types of Assistance
Article 56B.102. Emergency Award
Article 56B.103. Compensation for Pecuniary Loss
Article 56B.104. Compensation for Health Care Services
Article 56B.105. Compensation for Certain Criminally Injurious Conduct Prohibited
Article 56B.106. Limits on Compensation