Section 56B.107 - Denial or Reduction of Award(a) Except as otherwise provided by this article, the attorney general may deny or reduce an award otherwise payable: (1) if the claimant or victim has not substantially cooperated with an appropriate law enforcement agency;(2) if, as a result of the claimant's or victim's behavior, the claimant or victim bears a share of the responsibility for the act or omission giving rise to the claim;(3) to the extent that pecuniary loss is recouped from a collateral source; or(4) if the claimant or victim was engaging in an activity that at the time of the criminally injurious conduct was prohibited by law, including a rule.(b) Subsection (a)(4) does not apply to a claimant or victim who seeks compensation for criminally injurious conduct that is:(1) in violation of Section 20A.02(a)(7), Penal Code; or(2) trafficking of persons, other than an offense described by Subdivision (1), if the activity the claimant or victim engaged in was the result of force, fraud, or coercion.(c) The attorney general may not deny or reduce an award under Subsection (a)(1) based on the interactions of the claimant or victim with a law enforcement agency at the crime scene or hospital unless the attorney general finds that the claimant or victim, subsequent to the claimant's or victim's interactions at the crime scene or hospital, failed or refused to substantially cooperate with the law enforcement agency.(d) For purposes of Subsection (a)(1), a victim receiving a forensic medical examination constitutes sufficient evidence that a victim has substantially cooperated with an investigation of a sexual assault or other sex offense. Tex. Code Crim. Proc. § 56B.107
Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 206,Sec. 14, eff. 9/1/2023, app. only to a sexual assault or other sex offense that is first reported or for which medical care is first sought on or after the effective date of this Act.Amended by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. 860,Sec. 1, eff. 9/1/2021.Added by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. TBD,Sec. 1.06, eff. 1/1/2021.