The General Assembly recognizes that many innocent persons suffer personal physical injury, serious mental or emotional trauma, severe financial hardship, or death as a result of criminal acts or attempted criminal acts. The General Assembly finds and determines that there is a need for assistance for such victims of crimes. Accordingly, it is the General […]
Notwithstanding any other provision of this chapter to the contrary, where an award under this chapter has been authorized but there are not sufficient funds in the fund to pay or continue paying the award, then the award or the remaining portion thereof shall not be paid unless and until sufficient funds become available from […]
Any person who asserts a false claim under the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor and shall further forfeit any benefit received and shall reimburse and repay the state for payments received or paid on his or her behalf pursuant […]
Acceptance of an award made pursuant to this chapter shall subrogate the state, to the extent of such award, to any right or right of action occurring to the claimant to recover payments on account of losses resulting from the crime with respect to which the award is made. The board may waive subrogation when […]
Any award or payment of benefits under this chapter shall create a debt due and owing to the state by any person found in a court of competent jurisdiction of this state to have committed an act resulting in compensation being paid pursuant to this chapter. A court, when placing on probation any person who […]
The board shall be authorized to designate and expend not more than 10 percent of the moneys collected and paid into the fund pursuant to paragraph (1) of subsection (b) of Code Section 17-15-9 and Code Section 17-15-13 to provide funding to victim service providers for the purpose of disseminating materials regarding the availability of […]
When a forensic medical examination is conducted, the cost of such forensic medical examination shall be paid for by the fund in an amount not to exceed $1,000.00. The fund shall be responsible for payment of such cost notwithstanding whether the person receiving such forensic medical examination has health insurance or any other source of […]
When a forensic interview is conducted and when funding is available, the cost of such interview for a person who is less than 18 years of age or developmentally disabled may be paid for by the fund in an amount to be determined by the board. The board shall develop standards, protocols, and guidelines related […]
Subject to available funds, for any sentence vacated pursuant to Code section 17-10-21, any fines and fees paid by the defendant under such sentence shall be returned to the defendant in the amount paid by the defendant. Payments authorized by subsection (a) of this Code section shall be made from the fund. The board shall […]
As used in this chapter, the term: “Board” means the Criminal Justice Coordinating Council. “Claimant” means any person filing a claim pursuant to this chapter. “Crime” means: An act which is committed in this state; in a state which does not have a victims’ compensation program, if the claimant is a resident of this state; […]
There is created the Georgia Crime Victims Compensation Board. The Criminal Justice Coordinating Council created under Chapter 6A of Title 35 shall serve as the Georgia Crime Victims Compensation Board. The Governor shall appoint the director of the Criminal Justice Coordinating Council to carry out the provisions of this chapter. History. Code 1981, § 17-15-3 […]
The board shall have the following powers and duties: To promulgate suitable rules and regulations to carry out the provisions and purposes of this chapter; To request from the Attorney General, the Department of Public Safety, the Georgia Bureau of Investigation, district attorneys, solicitors-general, judges, county and municipal law enforcement agencies, and any other agency […]
A claim may be filed by a person eligible to receive an award, as provided in Code Section 17-15-7, or, if such person is a minor, by his or her parent or guardian. In any case in which the person entitled to make a claim is mentally incompetent, the claim may be filed on his […]
A claim, once accepted for filing and completed, shall be assigned to an investigator. The investigator shall examine the papers filed in support of the claim and cause an investigation to be conducted into the validity of the claim. The investigation shall include, but shall not be limited to, an examination of law enforcement, court, […]
Except as otherwise provided in this Code section, the following persons shall be eligible for awards pursuant to this chapter: A person who: Is injured physically, who dies, or who suffers financial hardship as a result of being injured physically as a direct result of a crime; Suffers a serious mental or emotional trauma as […]
No award may be made unless the board or director finds that: A crime was committed; The crime directly resulted in the victim’s physical injury, serious mental or emotional trauma, or financial hardship as a result of the victim’s physical injury, serious mental or emotional trauma, or the victim’s death; Police records, records of an […]
There is created a fund to be known as the Georgia Crime Victims Emergency Fund. The custodian of the fund shall be the board. The director shall administer the fund and may invest the resources of the fund in the same manner and fashion that an insurer authorized to issue contracts of life insurance is […]
