Tennessee § 29-13-105 - Persons eligible for compensation.

§ 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 counseling or treatment made necessary by the death of the victim, a relative of the victim; In the case of the death of the victim, where the compensation is for unreimbursed or unreimbursable funeral or burial expenses, to the legal representative of the estate of the victim, or if no estate of the victim is opened, to a relative of the victim as defined in § 29-13-102; In the case of the personal injury of the victim, where the compensation is for expenses incurred by any person responsible for the maintenance of that victim, to that person; In the case of a sexually-oriented crime committed against a victim who is under eighteen (18) years of age, where the compensation is for unreimbursed or unreimbursable mental health counseling or treatment made necessary by the sexually-oriented crime, any sibling or non-offending custodial parent of the victim, or both; or In the case of domestic assault committed against the victim, where the compensation is for unreimbursed or unreimbursable mental health counseling or treatment made necessary by the crime, any child of the victim who witnesses the crime and who is under eighteen (18) years of age. A person who is criminally responsible for the crime upon which a claim is based, or an accomplice of such person, or anyone who has contributed to the crime in any respect, shall not be eligible to receive an award with respect to a claim under this chapter. No compensation shall be awarded a victim who was, at the time of the personal injury or death, a member of the offender's family, if it is determined that any benefit would accrue, either directly or indirectly, to the offender. This subsection (c) shall not be construed to automatically disqualify a victim who was a member of the offender's family at the time of the injury or death. A person who has been convicted of an offense under federal law with respect to any time period during which the person is delinquent in paying a fine, other monetary penalty, or restitution imposed for the offense shall not be eligible to receive an award with respect to a claim under this chapter. This subsection (d) shall not apply until the date on which the United States attorney general, in consultation with the director of the administrative office of the United States courts, issues a written determination that a cost-effective, readily available criminal debt payment tracking system operated by the agency responsible for the collection of criminal debt has established cost-effective, readily available communications links with entities that administer federal victim compensation programs that are sufficient to ensure that victim compensation is not denied to any person except as authorized by law. Acts 1976, ch. 736, § 5; T.C.A., §§ 23-3505, 23-35-105; Acts 1986, ch. 911, § 3; 1989, ch. 129, § 4; 1990, ch. 755, §§ 4, 5; 1997, ch. 302, § 4; 2004, ch. 918, §§ 1-3; 2008, ch. 1043, § 3. Compiler's Notes. Acts 1989, ch. 129, § 23 provided that the 1989 amendments by that act shall apply to all claims for compensation filed on or after January 1, 1990. Acts 2004, ch. 918, § 5 provided that the amendment by that act shall apply to all claims for compensation filed on or after July 1, 2004. Law Reviews. Tennessee's Criminal Injuries Compensation Act, 7 Mem. St. U.L. Rev. 241. Attorney General Opinions. Nonresident claimant, OAG 83-182 (5/31/83). Disbursements to nondependent legal representatives of estate, OAG 85-250 (9/26/85).