Texas Victim Info & Assistance

Texans for Equal Justice
A non-profit, crime victim advocacy group providing counseling,
friendship and comfort to victims of crime.

OFFICIAL TEXAS ADMINISTRATIVE CODE
TITLE 1. ADMINISTRATION
Part III - Office of Attorney General
Chapter 61 - Texas Crime Victims Compensation Act

In Texas, innocent victims of violent crime, including victims of sexual assault and drunk drivers may apply for money to help with medical bills, loss of income, child care, counseling, or financial costs related to the death of a family member. The program is intended to help with expenses that may not be covered by insurance or other sources.

The Texas Crime Victim Compensation Act provides certain benefits for victims of violent crime. The law applies to any resident of the United States, its possessions and territories, or District of Columbia who is the victim of violent crime in Texas.

A Texas resident who becomes a victim in another state is covered if that State does not have a compensation program for which the victim would be eligible, and the victim would have been eligible if the crime had occurred in Texas.

• What Crimes Are Covered?

  Sexual assault, kidnapping, aggravated robbery, assault, homicide and other violent crimes in which victim is injured and suffers physical or emotional harm or death.

  Only these motor vehicle related crimes: Failure to stop and render aid, DWI, manslaughter, criminally negligent homicide, aggravated assault and intoxication manslaughter.

• Who is elligible?
  

  1. Anyone who sustains a personal injury as a victim of a violent crime; while going to the aid of another person or a peace officer, or while attempting to prevent a crime of violence.
  2. The surviving spouse, child or other dependant of a deceased victim.
  3. A dependant or immediate family member of a deceased victim who resides within the same household and who requires psychiatric care or counseling because of a crime.
  4. An immediate family member resident in the same household with a victim who is under 17 years of age and who requires psychiatric care or counseling.
  5. Anyone who legally assumes the obligation or voluntarily pays the medical or burial expenses of a deceased victim.

• Who is NOT elligible?
  

  1. Anyone injured in a motor-vehicle accident, unless the driver:
     intentionally caused the injury;
     was driving while intoxicated;
     failed to stop and render aid
  2. The offender and/or accomplices or when an award would unjustly enrich the offender or accomplice.
  3. A victim whose own misconduct caused or contributed to the crime. (In such cases, benefits may be denied or reduced.)
  4. A victim who was incarcerated in a penal institution (as defined in Subdivision (26) Sec 1.07, Penal Code) at the time of the offense.

• Victim Responsibilities
  

  To be eligible for consideration for compensation, a victim must comply with the following requirements:
  1. Report the crime within 72 hours. Victims must report the incident to law enforcement officials within 72 hours unless the victim is under 17 years of age or there is a valid reason for reporting later.
  2. Cooperate with police. Victims must cooperate with law enforcement officials in their investigation and prosecution.
  3. File claim within one year. A compensation claim must be filed within one year of the attack, unless the victim is under 17 years of age, or a medically documented physical incapacity prevented filing on time.

• What Are The Available Benefits?

  Reimbursement for property damage or loss is not an eligible expense. Approved claims may be awarded compensation for the following only if they are related to the crime:
  • Reasonable medical, prescription and rehabilitation expenses
  • Mental health counseling
  • Funeral expenses
  • Loss of earnings or support
  • Child care to enable a victim, spouse, surviving spouse of a deceased victim, or guardian to continue employment (also includes care for dependent adult).
  • Reasonable attorney fees for assistance in filing the application and in obtaining benefits, if the claim is approved
  • Reasonable costs associated with crime scene cleanup
  • Reasonable replacement costs for clothing or bedding taken as evidence or made unusable as a result of the criminal investigation
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• What Are The Compensation Limits?

  • Total recovery not to exceed $25,000.
  • Loss of wages up to $200 a week.
  • Child care limited to $50 per week per minor child and may not exceed $125 a week for three or more children. A claimant may be required to reimburse the compensation fund if the victim receives restitution from the offender, or is awarded money in a civil suit.

• How Do I Apply?

  Every law enforcement agency in Texas is required to provide victims of crime with information about the Crime Victims' Compensation program and an application. Applications are also available from prosecutors' offices. Their victim assistance coordinators are required to provide assistance to victims who ask for help filling out the form. Hospitals and medical centers may also have applications. You may also get an application directly from the Crime Victims' Compensation Division in the Office of the Attorney General by calling 1-800-983-9933.

• Where Do I File A Claim?

  Texas Attorney General's Office
  Crime Victim Compensation Division
  P.O. Box 12548
  Austin, TX 78711-2548
  (512) 462-6400
  

• What Happens After I File?

  After receiving the proper claim forms, the Attorney General's Office conducts an investigation to verify eligibility. Witnesses, law enforcement officials, physicians, hospitals and employees may be contacted by investigators. The Texas Attorney General's Office makes a decision on the claim, and the claimant is notified.

• What If I Disagree With A Decision About My Claim?

  If the Crime Victims' Compensation Division makes a decision with which the victim or claimant disagrees, the victim or the claimant has a right under the law to ask that the decision be reconsidered. The victim or claimant must notify the Crime Victims' Compensation Division of the reason for their dissatisfaction and provide additional information in this reconsideration process. If the outcome of the reconsideration process is not satisfactory, the victim or claimant may request a final ruling hearing from the Crime Victims' Compensation Division. If the victim or claimant does not agree with the outcome of the final ruling, an appeal may be made to district court.

• What If I Need More Info?

  E-mail: [email protected]

  Or Write to:

  Crime Victims' Compensation Divisions
  Office of the Attorney General
  PO Box 12548
  Austin, TX 78711-2548

  Or Call:

  1-800-983-9933

  Or in your community, contact your local law enforcement agency's Crime Victim Liaison or your prosecutor's Victim Assistance Coordinator.

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