What is the Crime Victims’ Compensation (CVC) Program?
The CVC Program may provide financial assistance to victims of violent crime for related expenses that cannot be reimbursed by insurance or other sources.
The Program is administered by the Office of the Attorney General and is committed to assisting victims and claimants who qualify. The information provided is meant to be generally informative, and the statutory requirements of the Texas Crime Victims ‘ Compensation Act (Texas Code of Criminal Procedure, Chapter 56) and the rules set forth in Title 1 of the Texas Administrative Code, Part 3, Chapter 61, govern the Program.
Money in the Victims of Crime Compensation Fund comes from fees paid by those convicted of a crime.
What are the basic eligibility requirements for Crime Victims’ Compensation Program benefits?
The victim must be a resident of Texas, a United States resident who is victimized while in Texas, a Texas resident victim residing in another state or country that does not have a crime victim compensation fund, or certain other individuals.
The crime must be reported to the appropriate state or local public safety/law enforcement agency within a reasonable period of time. The victim or claimant must cooperate with law enforcement officials in the investigation and prosecution of the case.
Who may be eligible for Crime Victims’ Compensation Program benefits?
Victims of violent crime who suffer physical or mental harm as a direct result of the crime.
A victim’s dependents, family or household members who qualify as claimants under the law. Someone authorized by the victim to act on his or her behalf.
Who is not eligible for Crime Victims’ Compensation Program benefits?
The offender, an accomplice of the offender or any person engaged in illegal activity at the time of the crime.
Anyone injured as a result of a motor vehicle accident, except under certain circumstances provided by law. Benefits may be denied or reduced if the victim’s or claimant’s own behavior contributed to the crime.
Anyone incarcerated when the crime occurred.
Any victim or claimant who knowingly or intentionally submits, or causes to be submitted, false or forged information to the Crime Victims ‘ Compensation Program.
What expenses may be covered with Crime Victims’ Compensation Program benefits?
Reasonable and necessary medical and funeral expenses.
Travel exceeding 20 miles one way for participation and attendance at funeral services, medical appointments and criminal justice appointment.
Loss of earnings as a result of the disability of the victim.
Loss of earnings for investigative, judicial or medical appointments.
Loss of support to dependents of victim’s, as a result of the victim’s death or if the victim was supporting them at the time of the crime.
Counseling for the victim and eligible claimants.
Eyeglasses, hearing aids, dentures or prosthetic devices , if damaged during or needed as a result of the crime. Crime scene clean -up.
Replacement of property seized as evidence or rendered unusable by the investigation. New expenses for child or adult dependent care as a result of the crime.
One time rent and relocation expenses for victims of family violence or victims of sexual assault who were assaulted in their home.
Reasonable attorney fees for assistance in filing the Crime Victims’ Compensation Program application.
What expenses are not covered by Crime Victims’ Compensation Program benefits?
Damage, repair or loss to property or vehicle .Pain, suffering or emotional distress damages.
Any expense which is not the direct result of the crime.
Who is the payer of last resort?
All other available third party resources (Medicare, Medicaid, personal health insurance, workers’ compensation and settlements) must meet their legal obligations to pay crime-related expenses.
The Crime Victims’ Compensation Program must be notified before a civil law suit is filed in relation to the crime, if restitution is ordered by the criminal court, or if any party receives the proceeds of a settlement.
CVC is considered the payer of last resort.
Payment for Cost of Medical Forensic Sexual Assault Examinations
CVC does reimburse law enforcement agencies or DPS directly for the costs incurred for such exams. A victim of sexual assault is not required to submit a CVC application for reimbursement of the cost of a medical forensic sexual assault examination.
CVC does not directly reimburse victims for the cost of medical forensic sexual assault examinations.
If a victim of sexual assault reports the alleged crime to a law enforcement agency, the law enforcement agency may request a forensic sexual assault examination and pay all costs of the examination. If the victim of sexual assault has reported the assault to law enforcement and requires medical treatment the victim should submit this application to CVC for reimbursement of such costs .
If a victim receives a forensic sexual assault examination, but chooses not to report the alleged crime to a law enforcement agency, the Texas Department of Public Safety will pay all costs of the examination. CVC may only pay for other crime-related expenses if a victim reports the crime to law enforcement.