Texas Code of Criminal Procedure - Article 56.38. Review; Verification
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Art. 56.38. REVIEW; VERIFICATION. (a) The attorney general
shall appoint a clerk to review each application for compensation
under Article 56.36 to ensure the application is complete. If an
application is not complete, the clerk shall return it to the
claimant or victim and give a brief statement showing the
additional information required. Not later than the 30th day after
receiving a returned application, a claimant or victim may:
(1) supply the additional information; or
(2) appeal the action to the attorney general, who shall
review the application to determine whether it is complete.
(b) The attorney general may investigate an application.
(c) Incident to the attorney general's review,
verification, and hearing duties under this subchapter, the
attorney general may:
(1) subpoena witnesses and administer oaths to determine
whether and the extent to which a claimant or victim qualifies for
an award; and
(2) order a claimant or victim to submit to a mental or
physical examination by a physician or psychologist or order an
autopsy of a deceased victim as provided by Article 56.39, if the
mental, physical, or emotional condition of a claimant or victim is
material to a claim.
(d) On request by the attorney general and not later than
the 14th business day after the date of the request, a law
enforcement agency shall release to the attorney general all
reports, including witness statements and criminal history record
information, for the purpose of allowing the attorney general to
determine whether a claimant or victim qualifies for an award and
the extent of the qualification.
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.
Article: 56.311 56.32 56.33 56.34 56.35 56.36 56.37 56.38 56.385 56.39 56.40 56.41 56.42 56.43 56.44
Last modified: August 11, 2007
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