SECTION 61.302. Denying an Application or Award

(a) An application for compensation shall be denied if:

(1) the criminally injurious conduct is not reported to law enforcement as required by Texas Code of Criminal Procedure Article 56.46;

(2) the application does not satisfy the requirements of Texas Code of Criminal Procedure Articles 56.36 and 56.37;

(3) the victim or claimant knowingly and willingly participated in the criminally injurious conduct as prohibited by Texas Code of Criminal Procedure Article 56.41(b)(3);

(4) the victim or claimant is determined by law enforcement to be the offender or an accomplice as prohibited by Texas Code of Criminal Procedure Article 56.41(b)(4);

(5) an award of compensation to the victim or claimant would benefit the offender or an accomplice as prohibited by Texas Code of Criminal Procedure Article 56.41(b)(5);

(6) the victim or claimant was incarcerated at the time the offense was committed as prohibited by Texas Code of Criminal Procedure Article 56.41(b)(6);

(7) the victim or claimant, as prohibited by Texas Code of Criminal Procedure Article 56.41(b)(7), knowingly or intentionally:

(A) submits, or causes to be submitted by a third party, a material statement or representation of fact that the person knows or intends to be false or forged; or

(B) omits material information in an application or supporting documentation that the person knows or should reasonably know will result in reliance upon the omission.

(b) An application for compensation may be denied under Texas Code of Criminal Procedure Article 56.45 if:

(1) the victim or claimant has not substantially cooperated with the appropriate law enforcement agency;

(2) the victim or claimant is responsible for the act or omission giving rise to the application because of the victim or claimant's behavior and a reduction is not granted under §61.301 of this subchapter (relating to Reducing an Application or Award); or

(3) the victim or claimant was engaging in an activity at the time of the criminally injurious conduct that was prohibited by law, excluding minor traffic offenses or other certain non-violent misdemeanors.

(c) Applications arising out of the criminally injurious conduct of trafficking of persons will not be denied solely because the victim engaged in an activity prohibited by law due to threat, coercion, or intimidation as a part of criminally injurious conduct giving rise to the application.

(d) Under Texas Code of Criminal Procedure Articles 56.311 and 56.45(1), the legislature intended the CVC program to encourage greater public cooperation in the successful apprehension and prosecution of criminals. When determining whether a victim or claimant has substantially cooperated with law enforcement, the OAG will consider the totality of facts and circumstances, including but not limited to:

(1) the victim's physical and mental capacity to participate in the investigation, apprehension and prosecution of the offender or offenders;

(2) whether the victim has provided a true, accurate and complete description of the crime;

(3) the extent to which the victim or claimant has participated in investigative activities;

(4) the extent to which the victim or claimant has participated in the prosecution of the offender; and

(5) whether any delays in substantial cooperation hindered or hampered the successful apprehension and prosecution of the offender.

Source Note: The provisions of this §61.302 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