§ 29-13-101. Short Title
This chapter and § 40-24-107 shall be known and may be cited as the “Criminal Injuries Compensation Act of 1976.”
§ 29-13-102. Chapter Definitions
As used in this chapter and § 40-24-107, unless the context otherwise requires: “Child” means any individual, adopted or natural born, entitled to take as a child under the laws of this state by intestate succession from the parent whose relationship is involved and also includes a stepchild; “Claimant” means any person or persons filing […]
§ 29-13-103. Burden of Proof — Documentation
The claimant has the burden of presenting to the division all facts necessary in determining whether the claimant is entitled to compensation under this part. No claimant shall be entitled to compensation unless the claimant proves by a preponderance of the evidence every requirement under this part for entitlement to compensation, including, but not limited […]
§ 29-13-104. Offenses to Which Compensation Applies
Payment of compensation shall be made to the claimant in accordance with this chapter for personal injury to or death of the victim which resulted from: An act committed in this state, which, if committed by a mentally competent, criminally responsible adult, would constitute a crime under state or federal law; provided, that an injury […]
§ 29-13-105. Persons Eligible for Compensation
Except as otherwise provided, the following person or persons shall be eligible for compensation pursuant to this chapter: A victim of a crime; In the case of the death of the victim, a dependent of the victim; In case of the death of a victim, where the compensation is for unreimbursed or unreimbursable mental health […]
§ 29-13-106. Losses or Expenses Reimbursable
Payment of compensation under this chapter shall be ordered for losses or expenses as defined in this section only upon submission of written documentation which clearly shows that such losses and expenses were actually and reasonably incurred by the claimant. The burden of proof of losses and expenses shall be upon the claimant. The payment […]
§ 29-13-107. Standards for Determining Amount of Compensation — Uniform Application of Chapter
For purposes of determining the amount of compensation to be awarded under § 29-13-106, the following standards shall be utilized in order to ensure the uniform application of this chapter: Any award made for permanent partial or permanent total disabilities proximately caused by a violent crime is to be based upon those schedules of compensation […]
§ 29-13-108. Claims for Compensation — Procedure
A claim for compensation shall be filed not later than one (1) year after the occurrence of the crime upon which the claim is based or one (1) year after the death of the victim or one (1) year after any mental or physical manifestation or injury is diagnosed as a result of an act […]
§ 29-13-109. Claims — Requirements — Judicial Determination — Awards
No award may be made under this section unless the claimant shall have shown, supported by a preponderance of the evidence, that: Such an act did occur; and The injury or death proximately resulted from such act. All decisions granting an award under this chapter shall be in writing and shall set forth the findings […]
§ 29-13-110. Medical Reports
In the filing of a claim, the claimant shall provide sufficient medical reports from physicians, surgeons, hospitals and other health care facilities to fully describe the injury suffered, the treatments rendered and the percentage of disability incurred, if disability benefits are requested by the claimant. At the time of final adjudication of the claim, medical […]
§ 29-13-111. Manner of Payment — Exemption From Execution or Attachment
Upon acceptance of a settlement offer by a claimant or receipt of an order by the commission, the division shall, without further authorization, and subject to available funds, pay the claimant the amount, and in the manner determined appropriate. Such payment shall be made from the fund as set forth in § 29-13-116. All payments […]
§ 29-13-112. Attorney’s Fees
In addition to the amount of compensation awarded under this chapter, reasonable attorney’s fees shall be determined and allowed to the attorney representing the claimant; provided, that no attorney’s fees shall exceed the lesser of the following: Fifteen percent (15%) of the first two thousand five hundred dollars ($2,500) of compensation awarded, plus ten percent […]
§ 29-13-113. Subrogation
Whenever any person is convicted of an offense and an order for the payment of compensation is or has been made under this chapter for a personal injury or death resulting from the act constituting such offense, the state of Tennessee may institute an action against such person for the recovery of the whole or […]
§ 29-13-114. Emergency Award
If it appears to the claims commission, prior to any hearing on a claim, that: Such claim is one with respect to which an award will probably be made; and Undue hardship will result to the claimant if immediate payment is not made; the claims commission may make an emergency award to the claimant pending […]
§ 29-13-115. Penalty
Any person who asserts a false claim under this chapter, knowing such claim to be false, commits a Class C misdemeanor, and, upon conviction thereof, shall forfeit any benefit received and shall reimburse and repay the state for payments received or paid on such person’s behalf pursuant to any of the provisions of this chapter.
§ 29-13-116. Use of State and Federal Funds — Expenses — Grants
Funds available from the criminal injuries compensation fund, created under § 40-24-107, shall be expended to effectuate this chapter, including all expenses to administer this chapter. Use of available federal funds shall be specifically permitted to fund this program. In the event federal funds are made available to the state, the division of claims and […]
§ 29-13-117. Statistical Reports
The state treasurer shall include in the annual report of the state treasurer, such financial, statistical or other relevant information to accurately report the financial condition of the criminal injuries compensation fund and the operation of this chapter.
§ 29-13-118. Forensic Medical Examinations in Sexual Assault Cases
For purposes of this section, unless the context otherwise requires, “forensic medical examination” means an examination provided to a victim of a sexually-oriented crime by any health care provider who gathers evidence of a sexual assault in a manner suitable for use in a court of law. A victim of a sexually-oriented crime, defined as […]
§ 29-13-119. Claims by Passengers in Motor Vehicles or Watercraft
Claims for compensation brought under § 29-13-104(1)(B) shall be barred if the victim knew or reasonably should have known that the operator of the motor vehicle or watercraft was legally intoxicated or under the influence of a drug of abuse or both as proscribed by title 55. For purposes of this section, “a drug of […]