THE CRIME VICTIMS' COMPENSATION FUND OF TEXAS

THE CRIME VICTIMS' COMPENSATION FUND OF TEXAS

Benefits may be provided to a victim who is a resident of Texas and victimized in Texas; a U.S. resident who is victimized in Texas; a Texas resident victimized in another state or country that does not have a compensation program and that meets additional requirements under federal law; or a Texas resident victimized by acts of international terrorism committed outside of the United States as defined by 18 U.S.C. Section 2331. Benefits can assist victims of family violence in Texas or help save children who are being raised in abusive homes. If the only reason a person stays in a violent home is because of a lack of resources to escape, Texas has those resources in the Texas Attorney General's Crime Victims' Compensation Program.

The Crime Victims' Compensation Fund is not welfare. It is funds collected from those convicted of crimes.

Even though about 8,500 applications were approved in 1997, more than 100,000 eligible victims and claimants did not apply for benefits. In 1999, the program received a record 17,659 applications and awarded 9,008 for payment.

Eligibility

A person must be a victim (or claimant) of a crime against a person as defined by the statute to be eligible for the program, A victim can be a beneficiary if he or she is the victim of a violent crime, including: assault/aggravated assault, robbery/aggravated robbery, rape, homicide, stalking, harassment, sexual and physical abuse of a child, physical abuse of an elder person, kidnaping, manslaughter, failure to stop and render aid, arson, vehicular assault, and driving while intoxicated. Claimant beneficiaries may include: an authorized individual acting on behalf of a victim; an individual who legally assumes the obligation or who voluntarily pays medical or burial expenses of a victim incurred as a result of the criminally injurious conduct of another; a dependent of a victim who died as a result of criminally injurious conduct; an immediate family member or household member of a victim who requires psychiatric care or counseling as a result of the criminally injurious conduct; an intervenor trying to assist a victim; and police officers and firefighters injured in the line of duty as a result of violent criminal conduct.

To receive benefits, a victim or claimant must: 1) be the victim of a violent crime or a claimant; 2) report the crime to law enforcement and timely file a report, so as not to hinder investigation and prosecution of a crime; and 3) timely provide victims' assistance to the Attorney General's Office.

Reasons for denial of benefits may include: 1) no crime actually occurred; 2) failure to report the crime or cooperate with law enforcement to prosecute the perpetrator; 3) being an offender or accomplice in the crime; 4) the claimant or victim knowingly and willingly participated in the criminally injurious conduct; 5) the award of compensation to the claimant or victim would benefit the offender or an accomplice of the offender; 6) the claimant or victim was incarcerated in a penal institution at the time the offense was committed; 7) the claimant or victim knowingly or intentionally submits false or forged information to the Attorney General; and 8) failure to file the application in accordance with the law (i.e., not filed within the three-year period). The three-year time limit may be waived in some circumstances for a showing of good cause.

The victim does not have to know the perpetrator to be compensated. Simply because the perpetrator may never be caught or convicted does not prevent the victim from receiving benefits.

The Crime Victims' Compensation Fund is the payer of last resort. A victim or claimant is expected to use all available resources, including health insurance, Medicaid, Medicare, civil suit recovery or settlement, and court ordered restitution. Even though a person may have other resources, he or she may still be entitled to receive some benefits. Presently, the program will coordinate benefits and pay items such as co-payments, deductibles, and non-covered items. Applications for benefits are available on the Attorney General's website, http://www.oag.state.tx.us/ . This site contains the Crime Victims' Services segment which addresses topics of Crime Victims' Compensation, Crime Victims' Institute, Sexual Assault Prevention, Training and Victim Assistance and Victims' Rights and Resources. The application contains self-explanatory instructions and no longer must be notarized.

Domestic Violence Victims

This program can assist a victim of domestic violence. This program provides resources of up to $50,000 for changing the behaviors that perpetuate family violence. These resources may include a one-time emergency relocation amount (up to $3,800 that includes rental deposit, transportation to move, and utility and security deposits.); payment of medical expenses; up to $3,000 for counseling expenses for each victim and claimant family member; lost wages if the victim was working, up to a maximum of $500 a week; loss of support for the victim and children, up to one-half of the perpetrator's weekly salary (not to exceed $500); and child care expenses of up to $100 per week, per child.

A victim could relocate, obtain job or vocational training, find a job, and finally be able to support a family outside of the violent situation with the help of these resources. A domestic violence victim must cooperate with law enforcement in the prosecution of a perpetrator. Funds cannot be used to help the perpetrator in any manner, but "the attorney general may not deny an award otherwise payable to a claimant or victim because the claimant or victim is an immediate family member of the offender, or resides in the same household as the offender." Also, a victim can request that the program maintain his or her name, current address, social security number, and other identifying information in confidence.

The program can also help elders who are victims of abuse. Abuse of an elderly person must be reported to Adult Protective Services (APS) in Texas, http://www.tdprs.state.tx.us/Adult_Protection/ . APS is charged with investigating physical abuse, neglect, and financial exploitation. If the report includes a violent criminal act and a police report is filed, the elderly victim can apply for crime victims' compensation. As with other victims, the elderly cannot be compensated for property crimes.

Catastrophic Injuries And Other Benefits

In addition to the $50,000 initially awarded to a victim, if the victim suffers a catastrophic injury, an additional $50,000 may be awarded. Catastrophic injury is defined as: Injuries involving a sustained loss of function, including, but not limited to any of the following conditions: mangling, crushing, or amputation of a major portion of an extremity; traumatic injury to the spinal cord that has caused, or may cause paralysis; severe burns that require burn center care; or serious head injury, loss of vision in both eyes, or loss of hearing in both ears.

This second $50,000 can be used to modify a home or automobile for wheelchair accessibility; obtain job training and vocational rehabilitation; obtain training in the use of special appliances; and provide home health care services. For health care services to be paid they must be medically necessary, and the Attorney General can review such costs. Victims may also recover the following expenses: funeral costs, crime scene cleanup, evidence replacement costs, and travel expenses arising from investigation/prosecution purposes or receipt of medical services as a pecuniary loss. Categories of medical costs which may be recovered include: hospital expenses, physician fees, mental health counseling, dental bills, nursing care, prescriptions, physical therapy, and healthcare supplies.