Amends TCA Title 9, Chapter 8 and Title 29, Chapter 13.
ON APRIL 10, 2023, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 555, AS AMENDED.<br /> <br /> AMENDMENT #1 makes a technical clarification by removing a duplicative cross reference, revises this bill's provision concerning the burden of proof in claims for compensation by victims of human trafficking offenses, and revises other present law provisions governing criminal injury compensation claims, as described below.<br /> <br /> BURDEN OF PROOF<br /> <br /> Present law provides that the claimant has the burden of presenting all facts necessary in determining whether the claimant is entitled to compensation, and prohibits a claimant from being entitled to compensation unless the claimant proves certain requirements by a preponderance of the evidence, including, but not limited to, that the claimant has fully cooperated with the police and the district attorney general in the investigation and prosecution of the offender.<br /> <br /> This amendment creates an exception to the above requirement for cases involving a victim of human trafficking where it is determined that the victim's cooperation may be impacted due to the victim's age, physical condition, psychological state, cultural or linguistic barriers, or any other health or safety concern that jeopardizes the victim's well-being.<br /> <br /> PROCEDURE<br /> <br /> Under present law, an award of compensation under the Criminal Injuries Compensation Act of 1976 cannot be made where the law enforcement records show that the victim or victim's family failed to report the crime within 48 hours unless, for good cause shown, it is found that the delay was justified. Present law further provides that good cause for the failure of a victim or a member of the victim's family to report a crime may be found if the victim is:<br /> <br /> (1) Physically unable;<br /> <br /> (2) A victim of sexual assault; or<br /> <br /> (3) A victim of domestic abuse.<br /> <br /> This amendment adds that good cause for the failure of a victim or a member of the victim's family to report a crime may also be found if the victim is a victim of human trafficking.<br />
ON APRIL 10, 2023, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 555, AS AMENDED.<br /> <br /> AMENDMENT #1 makes a technical clarification by removing a duplicative cross reference, revises this bill's provision concerning the burden of proof in claims for compensation by victims of human trafficking offenses, and revises other present law provisions governing criminal injury compensation claims, as described below.<br /> <br /> BURDEN OF PROOF<br /> <br /> Present law provides that the claimant has the burden of presenting all facts necessary in determining whether the claimant is entitled to compensation, and prohibits a claimant from being entitled to compensation unless the claimant proves certain requirements by a preponderance of the evidence, including, but not limited to, that the claimant has fully cooperated with the police and the district attorney general in the investigation and prosecution of the offender.<br /> <br /> This amendment creates an exception to the above requirement for cases involving a victim of human trafficking where it is determined that the victim's cooperation may be impacted due to the victim's age, physical condition, psychological state, cultural or linguistic barriers, or any other health or safety concern that jeopardizes the victim's well-being.<br /> <br /> PROCEDURE<br /> <br /> Under present law, an award of compensation under the Criminal Injuries Compensation Act of 1976 cannot be made where the law enforcement records show that the victim or victim's family failed to report the crime within 48 hours unless, for good cause shown, it is found that the delay was justified. Present law further provides that good cause for the failure of a victim or a member of the victim's family to report a crime may be found if the victim is:<br /> <br /> (1) Physically unable;<br /> <br /> (2) A victim of sexual assault; or<br /> <br /> (3) A victim of domestic abuse.<br /> <br /> This amendment adds that good cause for the failure of a victim or a member of the victim's family to report a crime may also be found if the victim is a victim of human trafficking.<br />
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