SECTION 61.202. Timely Filing an Application

Except as provided by paragraph (7) of this section:

(1) An application for compensation based on criminally injurious conduct that occurred between January 1, 1980, and August 31, 1983, must have been filed with the OAG not later than 180 days from the date of the criminally injurious conduct.

(2) An application for compensation based on criminally injurious conduct that occurred between September 1, 1983 and August 31, 1997, must have been filed with the OAG not later than one year from the date of the criminally injurious conduct.

(3) An application for compensation based on criminally injurious conduct that occurred on or after September 1, 1997 must be filed with the OAG not later than three years from the date of the criminally injurious conduct.

(4) In accordance with Texas Code of Criminal Procedure Article 56.37(b), the OAG may extend the time for filing an application upon good cause shown by the claimant or victim. Good cause, as determined by the OAG, includes the following circumstances:

(A) the victim or claimant was not informed about the CVC program by a law enforcement agency, public service agency or service provider and the victim or claimant has not previously applied for or received compensation from the CVC Program;

(B) physical or psychological factors prevented the victim or claimant from filing in a timely manner;

(C) communication barriers existed that prevented the victim or claimant from filing in a timely manner; or

(D) any other circumstance that the OAG considers significant.

(5) In accordance with Texas Code of Criminal Procedure Article 56.37(c), if the victim is a child, the application must be filed within three years from the date the claimant or victim is made aware of the crime but not after the child is 21 years of age.

(6) In accordance with Texas Code of Criminal Procedure Article 56.37(d), the OAG will exclude a period of incapacity from the time to file an application if the victim or claimant:

(A) submits medically documented evidence of a physical or mental incapacity;

(B) the period of incapacity is a result of the criminally injurious conduct; and

(C) the incapacity reasonably prevented the victim or claimant from filing an application within the statutorily prescribed limit in effect on the date of the criminally injurious conduct.

(7) In accordance with Texas Code of Criminal Procedure Article 56.37(e), an application on behalf of a victim of criminal homicide must be filed with the OAG not later than three years after the date the victim's identity is established by a law enforcement agency.

Source Note: The provisions of this §61.202 adopted to be effective December 15, 2002, 27 TexReg 11513; amended to be effective October 30, 2014, 39 TexReg 8373; amended to be effective August 20, 2017, 42 TexReg 3961; amended to be effective September 18, 2022, 47 TexReg 5473