Tennessee § 29-13-102 - Chapter definitions.

§ 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 a claim for compensation under this chapter on such person's or persons' own behalf, the guardian of a victim if the victim is a minor, the legal representative of the estate of a deceased victim, or the dependents of the victim; “Commission” means the Tennessee claims commission created pursuant to § 9-8-301; “Court” means the circuit courts of the state of Tennessee, for the purposes of filing a claim, and any court of the state which has the jurisdiction to try a crime against person or property, for the purpose of assessing the costs provided for in § 40-24-107, except general sessions courts or municipal courts may not impose such costs; “Dependents” means such relatives of a deceased victim as were receiving substantial support or needed services from the victim at the time of the victim's death, and includes the child of such victim born after such victim's death; “Division” means the division of claims and risk management created pursuant to § 9-8-401; “Family,” when used with reference to a person, includes: Any person related to such person within the third degree of consanguinity or affinity; or Any person living in the same household as such person; “Guardian” or “legal guardian” means a person having the legal authority to provide for the care, supervision, and control of a minor child as established by law or court order; “Minor” means any person who has not attained the age of eighteen (18) years; “Offender” means a person who has or is alleged to have committed a crime; “Out of pocket expenses” means unreimbursed or unreimbursable expenditures or indebtedness reasonably incurred for medical care or other services reasonably necessary as a result of the personal injury or death upon which a claim is based; “Relative” means a spouse, parent, grandparent, stepparent, child, grandchild, brother, sister, half brother, half sister and a spouse's parents or stepparents; and “Victim” means a person who suffers personal injury or death as a direct and proximate result of any act of a person which is within the description of any of the offenses specified in § 29-13-104. Acts 1976, ch. 736, § 2; 1977, ch. 427, § 1; impl. am. Acts 1979, ch. 68, § 3; T.C.A. §§ 23-3502, 23-35-102; Acts 1989, ch. 129, § 1; 1993, ch. 494, §§ 14-16; 2017, ch. 271, § 1; 2019, ch. 311, § 1. Amendments. The 2017 amendment substituted “division of claims and risk management” for “division of claims administration” in the definition of “division”. The 2019 amendment added the definition of “‘guardian’ or ‘legal guardian’”. Effective Dates. Acts 2017, ch. 271, § 3. May 4, 2017. Acts 2019, ch. 311, § 2. May 8, 2019. 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. Law Reviews. Tennessee's Criminal Injuries Compensation Act, 7 Mem. St. U.L. Rev. 241. Attorney General Opinions. If a court awards the Department of Children's Services (DCS) custody of a child, DCS may be considered the guardian of the child for the purpose of filing a criminal Injuries compensation claim on behalf of the child pursuant to T.C.A. § 29-13-102(2) , OAG 05-185 (12/28/05). Cited: Gillespie v. State, 619 S.W.2d 128, 1981 Tenn. App. LEXIS 510 (Tenn. Ct. App. 1981).