Texas Code of Criminal Procedure - Article 56.41. Approval Of Claim
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Art. 56.41. APPROVAL OF CLAIM. (a) The attorney general
shall approve an application for compensation under this subchapter
if the attorney general finds by a preponderance of the evidence
that grounds for compensation under this subchapter exist.
(b) The attorney general shall deny an application for
compensation under this subchapter if:
(1) the criminally injurious conduct is not reported as
provided by Article 56.46;
(2) the application is not made in the manner provided by
Articles 56.36 and 56.37;
(3) the claimant or victim knowingly and willingly
participated in the criminally injurious conduct;
(4) the claimant or victim is the offender or an accomplice
of the offender;
(5) an award of compensation to the claimant or victim would
benefit the offender or an accomplice of the offender;
(6) the claimant or victim was incarcerated in a penal
institution, as defined by Section 1.07, Penal Code, at the time the
offense was committed; or
(7) the claimant or victim knowingly or intentionally
submits false or forged information to the attorney general.
(c) Except as provided by rules adopted by the attorney
general to prevent the unjust enrichment of an offender, the
attorney general may not deny an award otherwise payable to a
claimant or victim because the claimant or victim:
(1) is an immediate family member of the offender; or
(2) resides in the same household as the offender.
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;
Subsec. (b) amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.28,
eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1434, Sec.
1, eff. Sept. 1, 1997.
Article: 56.35 56.36 56.37 56.38 56.385 56.39 56.40 56.41 56.42 56.43 56.44 56.45 56.46 56.47 56.48
Last modified: August 10, 2007
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