1. (a) To reduce an application or award under Texas Code of Criminal Procedure Article 56.45(2), the OAG may consider the victim's behavior if it was a significant factor in the cause of the personal injury. If the OAG determines that the victim shared a portion of the responsibility for the act or omission that gave rise to the application, the OAG may reduce the award for compensation by 25% or 50%. When an award for compensation is reduced, the reduction applies to each bill, each individual award amount, and the aggregate award amount.

2. (b) When determining whether a victim's behavior is a significant factor in the cause of the personal injury, the OAG will consider the totality of facts and circumstances, including but not limited to:

   1. (1) the victim's ability to have reasonably avoided the incident;
   2. (2) the nature and extent of injuries sustained by the victim;
   3. (3) the nature and extent of injuries sustained by the alleged offender or offenders;
   4. (4) exhibition or use of a deadly weapon;
   5. (5) the relationship, if any, between the victim and offender or offenders, including a history of criminally injurious conduct;
   6. (6) the proportionate responsibility between the parties;
   7. (7) the opinions and conclusion of law enforcement investigators assigned to the case;
   8. (8) the legal opinions and conclusions of prosecutorial agencies regarding the presentation of criminal charges and an assessment of affirmative defenses;
   9. (9) the results of the victim's actions could have been reasonably foreseen by the victim at the time;
   10. (10) there is a causal relationship between the victim's or claimant's conduct; and
   11. (11) the degree of harm that occurred as a result of the criminally injurious conduct and the future harm that may occur if compensation is not awarded.

Source Note:The provisions of this §61.301 adopted to be effective December 15, 2002, 27 TexReg 11513; amended to be effective October 30, 2014, 39 TexReg 8373.