§ 29-13-109 — Claims - Requirements - Judicial determination - Awards

(a) No award may be made under this section unless the claimant shall have shown, supported by a preponderance of the evidence, that: (1) Such an act did occur; and (2) The injury or death proximately resulted from such act. (b) (1) All decisions granting an award under this chapter shall be in writing and shall set forth the findings of fact and the decision whether compensation is due under this chapter. (2) Except as provided in § 29-13-108(g) , the findings of fact shall include, but not be limited to, those enumerated in this subdivision (b)(2). The findings of fact shall include: (A) The name and address of the victim; (B) The name and address of the claimant, if different than the victim; (C) Whether the claimant is eligible for compensation pursuant to § 29-13-105 ; (D) The date, place and nature of the offense giving rise to the claim, including a finding that the offense is within the meaning of § 29-13-104 ; (E) A statement of the injuries suffered by the victim; (F) Whether the victim contributed to the crime in any respect; (G) The name and address of the offender or, if not known, a statement to that effect; (H) Whether the claimant has fully cooperated with the police and the district attorney general in the investigation and prosecution of the offender; (I) Whether the claimant has received or is eligible to receive any benefits, payments or awards from any other source; (J) Whether the award includes payment of expenses for mental health counseling; (K) A statement of the losses or expenses incurred by the claimant that are eligible for reimbursement pursuant to §§ 29-13-106 and 29-13-107 which have been supported by evidence presented, with such documentation attached; (L) Whether the claimant has executed a subrogation agreement; (M) If compensation for pain and suffering is being made, a finding that the offense was sexually oriented and the victim did experience pain and suffering as a result of commission of the offense; (N) If the offense giving rise to the claim involved use of a motor vehicle or watercraft, a finding that the operator of the motor vehicle or watercraft was acting with criminal intent to intentionally inflict injury or death, or was operating the motor vehicle or watercraft as is prohibited by § 55-10-401 ; (O) If the claim is based upon the death of the victim and an award in excess of funeral and burial expenses is being sought, a finding that the claimant was a dependent of the decedent; (P) Whether compensation is due to the claimant under this chapter, including the amount and manner of payment; (Q) The name and address of each person to whom compensation is being paid, including the amount to be paid; and (R) If the claimant is a minor or is incompetent, a plan for the disbursement of all funds for the benefit of the claimant pursuant to § 29-13-111 . (c) In determining whether to make an award under this section, or the amount of the award, any circumstances reasonably relevant to the criminal act may be considered, including the behavior of the victim which directly or indirectly contributed to the victim's injury or death, unless such injury or death resulted from the victim's attempt to prevent the commission of a crime or an attempted crime or to apprehend or attempt to apprehend an offender, as set forth in § 29-13-104(2) and (3) . (d) For the purposes of this chapter, a person is deemed to have intended an act, notwithstanding that by reason of age, insanity, drunkenness, or otherwise, such person was legally incapable of forming a criminal intent. (e) No award of compensation shall be made until a subrogation agreement is executed by the claimant to the effect that the criminal injuries compensation fund will be reimbursed to the full amount expended by the fund less an award for attorney's fees should the claimant recover damages in a civil action for that injury or death. No part of the recovery due the criminal injuries compensation fund shall be diminished by any collection fees or for any other reason whatsoever. (f) An award may be made under this section whether or not any person is prosecuted or convicted or acquitted, except as required by § 29-13-111 , of any offense arising out of such act, or if such act is the subject of any other legal action. Furthermore, the apprehension of an offender is not a condition of award. However, no award shall be made unless the claimant fully cooperates with the police and district attorney general in any prosecution of the offender, which prosecution occurs either before or after the payment of such compensation. Awards may be amended under § 29-13-108(j) in furtherance of this policy.

Legislative History

Acts 1976, ch. 736, § 9; T.C.A., §§ 23-3509, 23-35-109; modified; Acts 1984, ch. 752, § 7; 1985, ch. 278, §§ 6, 14; 1986, ch. 834, §§ 4, 6, 7; 1986, ch. 911, § 3; 1987, ch. 110, §§ 3, 4; 1988, ch. 776, § 3; 1989, ch. 129, § 14; 1992, ch. 761, § 3; 1993, ch. 494, §§ 8-10, 20; 1998, ch. 785, §§ 27 - 29; 2002, ch. 869, § 3.