(b) The attorney general shall deny an application for compensation under this subchapter if:
(1) the criminally injurious conduct is not reported as provided by Article 56.46;
(2) the application is not made in the manner provided by Articles 56.36 and 56.37;
(3) the claimant or victim knowingly and willingly participated in the criminally injurious conduct;
(4) the claimant or victim is the offender or an accomplice of the offender;
(5) an 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, as defined by Section 1.07, Penal Code, at the time the offense was committed; or
(7) the claimant or victim knowingly or intentionally submits false or forged information to the attorney general.
(b-1) Subsection (b)(3) 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 criminally injurious conduct the claimant or victim participated in was the result of force, fraud, or coercion.
(c) Except as provided by rules adopted by the attorney general to prevent the unjust enrichment of an offender, the attorney general may not deny an award otherwise payable to a claimant or victim because the claimant or victim:
(1) is an immediate family member of the offender; or
(2) resides in the same household as the offender.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 6, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.84(a), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 779, Sec. 1, eff. Sept. 1, 1995; Subsec. (b) amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.28, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1434, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 332 (H.B. 10), Sec. 3, eff. September 1, 2015.
Text of article effective until January 01, 2021
