Tennessee § 29-13-104 - Offenses to which compensation applies.

§ 29-13-104. Offenses to which compensation applies.

Payment of compensation shall be made to the claimant in accordance with this chapter for personal injury to or death of the victim which resulted from: An act committed in this state, which, if committed by a mentally competent, criminally responsible adult, would constitute a crime under state or federal law; provided, that an injury or death inflicted through the use of a motor vehicle or watercraft shall be eligible for compensation under this chapter only under the following circumstances: Evidence submitted clearly shows that the operator of the motor vehicle or watercraft directly causing the death or injury was acting with criminal intent to intentionally inflict injury or death; The operator of the motor vehicle or watercraft directly causing the death or injury was operating the motor vehicle or watercraft as is prohibited by § 55-10-401; provided, that claims for any personal injury or loss alleged to have been incurred as a result of the personal injury or death of a passenger in such a motor vehicle or watercraft shall be subject to § 29-13-119; or The crime involved the failure to stop at the scene of an accident in violation of § 55-10-101, which directly resulted in serious bodily injury or death to the victim; and the evidence shows that the operator of the motor vehicle knew or reasonably should have known that death or serious bodily injury had occurred. An attempt to prevent or the actual prevention of a crime or an attempted crime under state or federal law in this state which the victim reasonably believed had occurred or was about to occur; The apprehending of an individual who had committed a felony in the presence of the victim, if, under the circumstances, the victim could have reasonably believed that a felony had occurred; or Any of the foregoing acts committed or taken in another state if the victim was a resident of this state at the time the crime or act occurred and the claimant's request for compensation from the state in which the crime or act occurred is not honored. Acts 1976, ch. 736, § 4; T.C.A., §§ 23-3504, 23-35-104; Acts 1985, ch. 278, §§ 2, 3; 1985, ch. 403, § 1; 1986, ch. 834, § 9; 1986, ch. 911, § 3; 1987, ch. 110, § 1; 1989, ch. 129, §§ 2, 3; 1990, ch. 755, §§ 1-3; 1992, ch. 761, § 2; 1997, ch. 302, §§ 2, 3; 2001, ch. 445, § 1; 2007, ch. 211, § 1; 2008, ch. 1043, § 1. 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. Although Acts 2001, ch. 445, § 3 provided that the act shall apply to all claims for compensation filed on or after July 1, 2001, the apparent legislative intent was that the act shall apply to all claims filed on or after the effective date of that act, August 27, 2001. Acts 2008, ch 1043, § 8 provided that the act shall apply to all claims arising from criminal acts committed on or after July 1, 2008. Law Reviews. Tennessee's Criminal Injuries Compensation Act, 7 Mem. St. U.L. Rev. 241. Attorney General Opinions. Disallowing payment on court order awarding compensation, OAG 85-162 (5/16/85).