This section says this chapter and § 40-24-107 may be cited as the “Criminal Injuries Compensation Act of 1976.”
This chapter and § 40-24-107 shall be known and may be cited as the “Criminal Injuries Compensation Act of 1976.” Acts 1976, ch. 736, § 1; T.C.A., §§ 23-3501, 23-35-101; Acts 1992, ch. 761, § 1. Cross-References. Compensation for crime victims from inmate wages in restitution industries program, § 41-6-206 . Criminal injuries compensation fund, § 40-24-107 . Jurisdiction for claims under Criminal Injuries Compensation Act transferred to claims commission for all claims filed on or after January 1, 1987, § 9-8-307 . Victim's compensation where death or injury caused by motor vehicle operator's intoxication, § 40-24-107 . Victims of crime assistance fund, § 9-4-205 . Victims of drunk drivers compensation fund, § 40-24-107 . Law Reviews. Compensating Violent Crime Victims in the State of Tennessee (Keith Jordan), 20 No. 3 Tenn. B.J. 9 (1984). Criminal Injuries Compensation (Richard W. Rucker), 24 No. 6 Tenn. B.J. 28 (1989). Criminal Injuries Compensation: A Primer (Richard W. Rucker), 23 No. 4 Tenn. B.J. 32 (1987). Mass Tort Litigation in Tennessee (Paul Campbell, III and Hugh J. Moore, Jr.), 53 Tenn. L. Rev. 221 (1986). Selected Tennessee Legislation of 1986, 54 Tenn. L. Rev. 457 (1987). Tennessee's Criminal Injuries Compensation Act, 7 Mem. St. U.L. Rev. 241. Attorney General Opinions. Hospital liens on criminal injuries compensation awards, OAG 88-29 (2/10/88). Comparative Legislation. Criminal injuries compensation: Ala. Code § 41-9-80 et seq. Ark. Code § 16-90-701 et seq. Ga. O.C.G.A. § 17-14-30 et seq. Ky. Rev. Stat. Ann. § 346.020 et seq. Miss. Code Ann. § 99-37-1 et seq. Mo. Rev. Stat. § 217.255 et seq. N.C. Gen. Stat. § 15B-1 et seq. Va. Code § 19.2-368.1 et seq. Cited: Hawkins v. Case Mgmt., Inc., 165 S.W.3d 296, 2004 Tenn. App. LEXIS 593 (Tenn. Ct. App. 2004). NOTES TO DECISIONS 1. Payments by Parolees. 2. Waiver. 1. Payments by Parolees. Provisions of § 40-28-201 , requiring parolees under certain situations to pay five dollars per month towards the cost of his or her supervision and rehabilitation and $30 per month into the criminal injuries compensation fund were taxes under state law for Tax Injunction Act purposes prohibiting federal courts from interfering with the assessment, levy or collection of any tax under state law where an efficient remedy to challenge such tax would be obtained in the courts of the state. Wright v. McClain, 835 F.2d 143, 1987 U.S. App. LEXIS 16357 (6th Cir. Tenn. 1987). 2. Waiver. On appeal from defendant's conviction for carjacking, defendant argued that the trial court erred in not allowing him to cross-examine the victim about her claim for criminal victim's injury compensation under T.C.A. § 29-13-101 , et. seq. However, defendant did not respond to the state's objection nor object to the trial court's ruling, and he responded “that's fine” and did not make an offer of proof with regard to the excluded evidence; instead, defendant abandoned the line of questioning when the victim's cross-examination was resumed and thus, he failed to preserve the issue for appeal. State v. Moore, — S.W.3d —, 2010 Tenn. Crim. App. LEXIS 111 (Tenn. Crim. App. Feb. 10, 2010). Collateral References. 21 Am. Jur. 2d Criminal Law §§ 25.1-25.8. 81A C.J.S. States § 195.