- (a) An application for compensation based on criminally injurious conduct that occurred on or after January 1, 1980, to on or before August 31, 1983, must be filed with the OAG not later than 180 days from the date of the criminally injurious conduct.
- (b) An application for compensation based on criminally injurious conduct that occurred on or after September 1, 1983, to on or before August 31, 1997, must be filed with the OAG not later than one year from the date of the criminally injurious conduct.
- (c) On or after September 1, 1985, the limitation period to file an application will not include that period of mental or physical incapacity resulting from criminally injurious conduct that reasonably prevented the victim or claimant from filing an application for compensation. It is the victim's or claimant's responsibility to provide written, medically documented evidence of such mental or physical incapacity.
- (d) An application for compensation based on criminally injurious conduct that occurred on or after September 1, 1997, must be filed with the OAG not later than three years from the date of the criminally injurious conduct.
(e) If a claim is filed after the limitation period, the claim may be approved based on good cause. Good cause, as deemed acceptable by the OAG, may be shown by verification of the following circumstances:
- (1) the victim or claimant was not informed about the CVC program;
- (2) insufficient information about the CVC program was given to the victim or claimant by a law enforcement or public service agency;
- (3) physical or psychological factors prevented the victim from filing in a timely manner;
- (4) communication barriers existed that prevented the victim or claimant from timely filing an application; or
- (5) any other circumstance that the OAG considers significant.
Source Note:The provisions of this §61.202 adopted to be effective December 15, 2002, 27 TexReg 11513.