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Law garden / Texas

If you're Jane Doe in Texas

What Texas's crime victim compensation law says, in plain words. Each line links to the exact sentence it comes from.

Crime Victims' Compensation Program, run by Office of the Attorney General of Texas, Crime Victim Services Division.

Program phone800-983-9933
OAG CVC Eligibility

OAG CVC EligibilityTX-S4

The program's own page, saved by Tend.

Open it on texasattorneygeneral.gov

What the program can pay for

  • The most the program can pay for all costs together is $50,000.

    Tex. Code Crim. Proc. art. 56B.106(a)

    Tex. Code Crim. Proc. art. 56B.106(a)TX-CAP-1

    Awards for one victim and everyone claiming because of that victim's injury may not exceed $50,000 in total.

    Except as otherwise provided by this article, awards payable to a victim and any other claimant sustaining pecuniary loss because of injury or death of that victim may not exceed $50,000 in the aggregate.

    Read this sentence on statutes.capitol.texas.gov

  • Medical care

    • Emergency Medical Care (EMC): the Attorney General pays for medical care given during a sexual assault forensic exam, and prescribed related follow-up care, at medical fee guideline rates, up to $25,000. The program's medical care page treats this as separate from the general award cap.
    Tex. Code Crim. Proc. art. 56B.003(10)(A)and 1 more

    Tex. Code Crim. Proc. art. 56B.003(10)(A)TX-MED-1

    Reasonable and necessary medical, hospital, nursing, and physical therapy costs from the injury are covered.

    "Pecuniary loss" means the amount of the expense reasonably and necessarily incurred as a result of personal injury or death for: (A) medical, hospital, nursing, or psychiatric care or counseling, or physical therapy;

    Read this sentence on statutes.capitol.texas.gov

    Tex. Code Crim. Proc. art. 56A.305(b)TX-EXAM-3

    The attorney general shall make a payment under Subsection (a) in accordance with the medical fee guidelines prescribed by Subtitle A, Title 5, Labor Code. A payment made under Subsection (a) may not exceed $25,000.

    Read this sentence on statutes.capitol.texas.gov

  • Counseling

    Tex. Code Crim. Proc. art. 56B.003(10)(A)

    Tex. Code Crim. Proc. art. 56B.003(10)(A)TX-COUNSEL-2

    Psychiatric care and counseling are covered losses.

    "Pecuniary loss" means the amount of the expense reasonably and necessarily incurred as a result of personal injury or death for: (A) medical, hospital, nursing, or psychiatric care or counseling, or physical therapy;

    Read this sentence on statutes.capitol.texas.gov

  • Prescriptions

    OAG Medical Care Expenses page

    OAG Medical Care Expenses pageTX-MED-2

    Prescriptions and dental work for crime-related injuries are among the medical costs the program lists as covered.

    Examples of expenses that can be covered include: Hospitalization Doctor's services Ambulance services Prescriptions Dental work

    Read this sentence on texasattorneygeneral.gov

  • Travel

    OAG Travel Cost Reimbursement page

    OAG Travel Cost Reimbursement pageTX-TRAVEL-1

    Travel is reimbursed when the one-way trip to medical or mental health care, court, or a victim's funeral is over 20 miles.

    Travel over 20 miles one way for medical or mental health care, court proceedings, or a victim's funeral

    Read this sentence on texasattorneygeneral.gov

  • Lost pay

    • For crimes on or after July 15, 2016, lost earnings are paid up to $700 per week.
    Tex. Code Crim. Proc. art. 56B.003(10)(B)and 1 more

    Tex. Code Crim. Proc. art. 56B.003(10)(B)TX-WAGES-2

    Lost past and future earnings are covered when caused by the injury, by getting care for it, or by taking part in the investigation or court process.

    actual loss of past earnings and anticipated loss of future earnings and necessary travel expenses because of: (i) a disability resulting from the personal injury; (ii) the receipt of medically indicated services related to the disability; or (iii) participation in or attendance at investigative, prosecutorial, or judicial processes

    Read this sentence on statutes.capitol.texas.gov

    1 Tex. Admin. Code 61.402(h)(5)TX-WAGES-1

    On or after July 15, 2016, the maximum amount of an award for loss of earnings is $700 per week.

    Read this sentence on law.cornell.edu

  • Moving

    • Relocation and housing rental expenses together are capped at $5,000 per victim or claimant.
    Tex. Code Crim. Proc. art. 56B.106(c)and 1 more

    Tex. Code Crim. Proc. art. 56B.106(c)TX-RELO-1

    A victim of sexual assault who was assaulted in their own home can be compensated for relocation costs and housing rent; other victims can qualify when the move is needed for health or safety.

    A victim of stalking, family violence, or trafficking of persons, a victim of sexual assault who is assaulted in the victim's place of residence, or a child who is a victim of a murder attempt in the child's place of residence may receive compensation for the following expenses: (1) relocation expenses, including expenses for rental deposit, utility connections, expenses relating to moving belongings, motor vehicle mileage expenses, temporary or emergency lodging, and for an out-of-state move, expenses for transportation, lodging, and meals; and (2) housing rental expenses.

    Read this sentence on statutes.capitol.texas.gov

    Tex. Code Crim. Proc. art. 56B.106(c-3)TX-RELO-2

    A victim or claimant may not receive more than $5,000 in the aggregate for relocation expenses and housing rental expenses under Subsection (c) or (c-1).

    Read this sentence on statutes.capitol.texas.gov

  • Temporary housing

    OAG Rent and Relocation Reimbursement page

    OAG Rent and Relocation Reimbursement pageTX-RELO-3

    For victims who qualify for relocation help (for sexual assault, only when the assault happened in the victim's home), emergency or temporary lodging is covered for up to 14 days.

    Emergency or temporary lodging (up to 14 days)

    Read this sentence on texasattorneygeneral.gov

  • Child care

    • For crimes on or after July 15, 2016, new child or dependent care costs are paid up to $300 per week for each child or dependent.
    1 Tex. Admin. Code 61.405(b)(6)(B)

    1 Tex. Admin. Code 61.405(b)(6)(B)TX-CHILD-1

    On or after July 15, 2016, $300 per week for each child or dependent.

    Read this sentence on law.cornell.edu

  • Clothing and bedding

    • For crimes on or after July 15, 2016, replacement of seized or unusable clothing, bedding, or property is capped at $1000 per victim.
    Tex. Code Crim. Proc. art. 56B.003(10)(G)and 1 more

    Tex. Code Crim. Proc. art. 56B.003(10)(G)TX-SEIZED-1

    Clothing, bedding, or other property of the victim that police took as evidence or that the investigation made unusable can be replaced.

    reasonable replacement costs for clothing, bedding, or property of the victim seized as evidence or rendered unusable as a result of the criminal investigation;

    Read this sentence on statutes.capitol.texas.gov

    1 Tex. Admin. Code 61.405(e)(2)TX-SEIZED-2

    Under Texas Code of Criminal Procedure Article 56.32(a)(9)(G), the OAG may pay for the reasonable replacement costs as follows: (1) for criminally injurious conduct that occurs between September 1, 1995 and July 14, 2016, compensation may not exceed $750; and (2) for criminally injurious conduct that occurs on or after July 15, 2016, compensation may not exceed $1000 per victim.

    Read this sentence on law.cornell.edu

  • Crime scene cleanup

    • For crimes on or after July 15, 2016, crime scene cleaning is capped at $2250 per victim.
    1 Tex. Admin. Code 61.405(d)(2)

    1 Tex. Admin. Code 61.405(d)(2)TX-CLEAN-1

    for criminally injurious conduct that occurs on or after July 15, 2016, compensation may not exceed $2250 per victim.

    Read this sentence on law.cornell.edu

What it does not pay for

  • The program does not pay for property theft, damage, or loss. Replacing clothing, bedding, or property seized as evidence or made unusable by the investigation is a separate covered cost (see TX-SEIZED-1).

    OAG CVC Covered Costs page, Costs Not Covered

    OAG CVC Covered Costs page, Costs Not CoveredTX-EXCL-1

    The CVC Program cannot make payments for the following: Property theft, damage, or loss Identity theft costs Pain, suffering, or emotional distress Any cost not a direct result of the crime

    Read this sentence on texasattorneygeneral.gov

  • Pain, suffering, or emotional distress damages are not paid.

    OAG CVC Covered Costs page, Costs Not Covered

    OAG CVC Covered Costs page, Costs Not CoveredTX-EXCL-2

    The CVC Program cannot make payments for the following: Property theft, damage, or loss Identity theft costs Pain, suffering, or emotional distress Any cost not a direct result of the crime

    Read this sentence on texasattorneygeneral.gov

  • Missed counseling appointments and pre-existing psychological conditions are not paid.

    OAG Mental Health Care Expenses page

    OAG Mental Health Care Expenses pageTX-EXCL-3

    The CVC Program will not pay for: Pre-existing psychological conditions Missed appointments Therapist court appearances for testimony

    Read this sentence on texasattorneygeneral.gov

The forensic exam

  • You should not get a bill for a sexual assault forensic exam.

    Tex. Code Crim. Proc. art. 56A.304(f)and 1 more

    Tex. Code Crim. Proc. art. 56A.304(f)TX-EXAM-1

    A sexual assault survivor cannot be made to pay for the forensic part of the exam or the evidence kit. The statute does not say whether the survivor's insurance may be billed for it.

    A victim of a sexual assault may not be required to pay for: (1) the forensic portion of the forensic medical examination; or (2) the evidence collection kit.

    Read this sentence on statutes.capitol.texas.gov

    OAG Emergency Medical Care Compensation pageTX-EXAM-4

    The program's emergency medical care page says victims cannot be billed for the forensic costs of a sexual assault exam.

    Note: Victims cannot be billed for forensic costs of the exam.

    Read this sentence on texasattorneygeneral.gov

  • The Attorney General reimburses the provider or examiner for the forensic portion of the exam, the evidence kit, and medical care given during the exam.

    Tex. Code Crim. Proc. art. 56A.304(a)

    Tex. Code Crim. Proc. art. 56A.304(a)TX-EXAM-2

    a health care provider that provides a forensic medical examination to a sexual assault survivor in accordance with this subchapter, or the sexual assault examiner or sexual assault nurse examiner who conducts that examination in accordance with this subchapter, as applicable, is entitled to be reimbursed in an amount set by attorney general rule for: (1) the reasonable costs of the forensic portion of that examination; (2) the evidence collection kit;

    Read this sentence on statutes.capitol.texas.gov

Police report

  • The program asks for a police report. The rules below say when other records can count instead, like a forensic exam.

    Tex. Code Crim. Proc. art. 56B.053(a)and 1 more

    Tex. Code Crim. Proc. art. 56B.053(a)TX-REPORT-1

    For a full compensation claim, the crime must be reported to law enforcement within a reasonable time that does not hamper the investigation; the Attorney General can extend this for extraordinary circumstances, and it does not apply when the victim is a child.

    a claimant or victim may not file an application unless the victim reports the criminally injurious conduct to the appropriate state or local public safety or law enforcement agency within a reasonable period, but not so late as to interfere with or hamper the investigation and prosecution of the offense after the criminally injurious conduct is committed.

    Read this sentence on statutes.capitol.texas.gov

    OAG CVC Eligibility page, Basic requirementsTX-REPORT-2

    For Emergency Medical Care compensation (medical care given during a sexual assault exam), no police report is needed. This exception does not cover the full compensation claim.

    Special rules apply for sexual assault Emergency Medical Care (EMC): reporting to law enforcement is not required.

    Read this sentence on texasattorneygeneral.gov

  • For a full compensation claim, the crime must be reported to law enforcement within a reasonable time that does not hamper the investigation; the Attorney General can extend this for extraordinary circumstances, and it does not apply when the victim is a child.

    Tex. Code Crim. Proc. art. 56B.053(a)

    Tex. Code Crim. Proc. art. 56B.053(a)TX-REPORT-1

    a claimant or victim may not file an application unless the victim reports the criminally injurious conduct to the appropriate state or local public safety or law enforcement agency within a reasonable period, but not so late as to interfere with or hamper the investigation and prosecution of the offense after the criminally injurious conduct is committed.

    Read this sentence on statutes.capitol.texas.gov

  • For Emergency Medical Care compensation (medical care given during a sexual assault exam), no police report is needed. This exception does not cover the full compensation claim.

    OAG CVC Eligibility page, Basic requirements

    OAG CVC Eligibility page, Basic requirementsTX-REPORT-2

    Special rules apply for sexual assault Emergency Medical Care (EMC): reporting to law enforcement is not required.

    Read this sentence on texasattorneygeneral.gov

Deadline to apply

  • Apply within 3 years of the date it happened.

    OAG CVC Eligibility page; Tex. Code Crim. Proc. art. 56B.052(a)-(b)

    OAG CVC Eligibility page; Tex. Code Crim. Proc. art. 56B.052(a)-(b)TX-DEADLINE-1

    Apply within 3 years of the crime; the program can accept a late application for good cause.

    You're applying within 3 years of the crime (unless good cause can be shown for the delay).

    Read this sentence on texasattorneygeneral.gov

Keeping your name and address private

  • The Attorney General runs an address confidentiality program for survivors of sexual assault and other listed crimes. It gives each participant a substitute P.O. box address to use instead of their real home, work, or school address, and forwards their mail.

    Tex. Code Crim. Proc. art. 58.052(a), (b)(1)

    Tex. Code Crim. Proc. art. 58.052(a), (b)(1)TX-ACP-1

    (a) The attorney general shall establish an address confidentiality program, as provided by this subchapter, to assist a victim of family violence, sexual assault or abuse, stalking, child abduction, or trafficking of persons in maintaining a confidential address. (b) The attorney general shall: (1) designate a substitute post office box address that a participant may use in place of the participant's true residential, business, or school address;

    Read this sentence on statutes.capitol.texas.gov

  • A compensation application and the records the Attorney General keeps on it are not subject to disclosure under the Public Information Act, and are shielded from discovery and subpoena except in the cases the statute lists, such as a court order or the claimant's consent.

    Tex. Code Crim. Proc. art. 56B.058(b)

    Tex. Code Crim. Proc. art. 56B.058(b)TX-RECORDS-1

    An application for compensation under this chapter and any information, document, summary, or other record provided to or received, maintained, or created by the attorney general under this chapter, including a report released to the attorney general under Article 56B.054 (f), is: (1) except as provided by Section 552.132 (c), Government Code, not subject to disclosure under Chapter 552 of that code; and (2) except as provided by Subsection (c), not subject to disclosure, discovery, subpoena, or other means of legal compulsion for release.

    Read this sentence on statutes.capitol.texas.gov

How to apply

If you need money soon

Good to know before you apply

  • Covers people injured by a crime in Texas who live in Texas or another US state; Texas residents hurt in a state or country without a qualifying compensation program can also apply.

    Tex. Code Crim. Proc. art. 56B.003(14)(A)

    Tex. Code Crim. Proc. art. 56B.003(14)(A)TX-RES-1

    suffers personal injury or death as a result of criminally injurious conduct or as a result of actions taken by the individual as an intervenor, if the conduct or actions occurred in this state; and (ii) is a resident of this state or another state of the United States;

    Read this sentence on statutes.capitol.texas.gov

  • The program pays only for losses not covered by a collateral source such as insurance, Medicaid, or restitution.

    Tex. Code Crim. Proc. art. 56B.103(b)

    Tex. Code Crim. Proc. art. 56B.103(b)TX-COLLAT-1

    a claimant or victim suffered personal injury or death that resulted in a pecuniary loss for which the claimant or victim is not compensated from a collateral source.

    Read this sentence on statutes.capitol.texas.gov

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