Texas Statutes (Last Updated: January 4, 2014) |
CODE OF CRIMINAL PROCEDURE |
Title 1. CODE OF CRIMINAL PROCEDURE |
Chapter 56. RIGHTS OF CRIME VICTIMS |
Subchapter B. CRIME VICTIMS' COMPENSATION |
Art. 56.38. REVIEW; VERIFICATION |
(a) The attorney general shall appoint a clerk to review each application for compensation under Article 56.36 to ensure the application is complete. If an application is not complete, the clerk shall return it to the claimant or victim and give a brief statement showing the additional information required. Not later than the 30th day after receiving a returned application, a claimant or victim may: (1) supply the additional information; or (2) appeal the action to the attorney general, who shall review the application to determine whether it is complete. (b) The attorney general may investigate an application. (c) Incident to the attorney general's review, verification, and hearing duties under this subchapter, the attorney general may: (1) subpoena witnesses and administer oaths to determine whether and the extent to which a claimant or victim qualifies for an award; and (2) order a claimant or victim to submit to a mental or physical examination by a physician or psychologist or order an autopsy of a deceased victim as provided by Article 56.39, if the mental, physical, or emotional condition of a claimant or victim is material to a claim. (d) On request by the attorney general and not later than the 14th business day after the date of the request, a law enforcement agency shall release to the attorney general all reports, including witness statements and criminal history record information, for the purpose of allowing the attorney general to determine whether a claimant or victim qualifies for an award and the extent of the qualification. |
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 6, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.84(a), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 779, Sec. 1, eff. Sept. 1, 1995. |