§ 19.2-368.5. Filing of claims; deferral of proceedings; restitution.
A. A claim may be filed by a person eligible to receive an award, as providedin § 19.2-368.4, or if such person is a minor, by his parent or guardian. Inany case in which the person entitled to make a claim is incapacitated, theclaim may be filed on his behalf by his guardian, conservator or such otherindividual authorized to administer his estate.
B. A claim shall be filed by the claimant not later than one year after theoccurrence of the crime upon which such claim is based, or not later than oneyear after the death of the victim. However, (i) in cases involving claimsmade on behalf of a minor or a person who is incapacitated, the provisions ofsubsection A of § 8.01-229 shall apply to toll the one-year period; (ii) incases involving claims made by a victim against profits of crime held inescrow pursuant to Chapter 21.2 (§ 19.2-368.19 et seq.) of this title, theclaim shall be filed within five years of the date of the special order ofescrow; and (iii) in cases involving claims of sexual abuse of a minor, theclaim shall be filed within 10 years after the minor's eighteenth birthday.For good cause shown, the Commission may extend the time for filing.
C. Claims shall be filed in the office of the Commission in person, by mail,or by electronic means in accordance with standards approved by theCommission. The Commission shall accept for filing all claims submitted bypersons eligible under subsection A of this section and alleging thejurisdictional requirements set forth in this chapter and meeting therequirements as to form in the rules and regulations of the Commission.
D. Upon filing of a claim pursuant to this chapter, the Commission shallpromptly notify the attorney for the Commonwealth of the jurisdiction whereinthe crime is alleged to have occurred. If, within 10 days after suchnotification, the attorney for the Commonwealth so notified advises theCommission that a criminal prosecution is pending upon the same allegedcrime, the Commission shall defer all proceedings under this chapter untilsuch time as such criminal prosecution has been concluded in the circuitcourt unless notification is received from the attorney for the Commonwealththat no objection is made to a continuation of the investigation anddetermination of the claim. When such criminal prosecution has been concludedin the circuit court the attorney for the Commonwealth shall promptly sonotify the Commission. Nothing in this section shall be construed to meanthat the Commission is to defer proceedings upon the filing of an appeal, norshall this section be construed to limit the authority of the Commission togrant emergency awards as hereinafter provided. Upon awarding a claimpursuant to this chapter, the Commission shall promptly notify the attorneyfor the Commonwealth of the jurisdiction wherein the crime is alleged to haveoccurred. If a criminal prosecution occurs regarding the same alleged crime,the attorney for the Commonwealth shall request the court to orderrestitution. However, neither the lack of a restitution order, nor thefailure of the attorney for the Commonwealth to request such an order, shallpreclude the Fund from exercising its subrogation rights pursuant to §19.2-368.15. Any such restitution shall be paid over to the Comptroller fordeposit into the Criminal Injuries Compensation Fund to the extent of theamount of the award paid from the Fund.
(1976, c. 605; 1977, c. 215; 1978, c. 122; 1986, c. 457; 1992, c. 681; 1997,c. 801; 1998, c. 484; 2001, cc. 363, 855; 2002, c. 665; 2005, c. 683; 2006,c. 414; 2009, c. 381.)
§ 19.2-368.5. Filing of claims; deferral of proceedings; restitution.
A. A claim may be filed by a person eligible to receive an award, as providedin § 19.2-368.4, or if such person is a minor, by his parent or guardian. Inany case in which the person entitled to make a claim is incapacitated, theclaim may be filed on his behalf by his guardian, conservator or such otherindividual authorized to administer his estate.
B. A claim shall be filed by the claimant not later than one year after theoccurrence of the crime upon which such claim is based, or not later than oneyear after the death of the victim. However, (i) in cases involving claimsmade on behalf of a minor or a person who is incapacitated, the provisions ofsubsection A of § 8.01-229 shall apply to toll the one-year period; (ii) incases involving claims made by a victim against profits of crime held inescrow pursuant to Chapter 21.2 (§ 19.2-368.19 et seq.) of this title, theclaim shall be filed within five years of the date of the special order ofescrow; and (iii) in cases involving claims of sexual abuse of a minor, theclaim shall be filed within 10 years after the minor's eighteenth birthday.For good cause shown, the Commission may extend the time for filing.
C. Claims shall be filed in the office of the Commission in person, by mail,or by electronic means in accordance with standards approved by theCommission. The Commission shall accept for filing all claims submitted bypersons eligible under subsection A of this section and alleging thejurisdictional requirements set forth in this chapter and meeting therequirements as to form in the rules and regulations of the Commission.
D. Upon filing of a claim pursuant to this chapter, the Commission shallpromptly notify the attorney for the Commonwealth of the jurisdiction whereinthe crime is alleged to have occurred. If, within 10 days after suchnotification, the attorney for the Commonwealth so notified advises theCommission that a criminal prosecution is pending upon the same allegedcrime, the Commission shall defer all proceedings under this chapter untilsuch time as such criminal prosecution has been concluded in the circuitcourt unless notification is received from the attorney for the Commonwealththat no objection is made to a continuation of the investigation anddetermination of the claim. When such criminal prosecution has been concludedin the circuit court the attorney for the Commonwealth shall promptly sonotify the Commission. Nothing in this section shall be construed to meanthat the Commission is to defer proceedings upon the filing of an appeal, norshall this section be construed to limit the authority of the Commission togrant emergency awards as hereinafter provided. Upon awarding a claimpursuant to this chapter, the Commission shall promptly notify the attorneyfor the Commonwealth of the jurisdiction wherein the crime is alleged to haveoccurred. If a criminal prosecution occurs regarding the same alleged crime,the attorney for the Commonwealth shall request the court to orderrestitution. However, neither the lack of a restitution order, nor thefailure of the attorney for the Commonwealth to request such an order, shallpreclude the Fund from exercising its subrogation rights pursuant to §19.2-368.15. Any such restitution shall be paid over to the Comptroller fordeposit into the Criminal Injuries Compensation Fund to the extent of theamount of the award paid from the Fund.
(1976, c. 605; 1977, c. 215; 1978, c. 122; 1986, c. 457; 1992, c. 681; 1997,c. 801; 1998, c. 484; 2001, cc. 363, 855; 2002, c. 665; 2005, c. 683; 2006,c. 414; 2009, c. 381.)
§ 19.2-368.5. Filing of claims; deferral of proceedings; restitution.
A. A claim may be filed by a person eligible to receive an award, as providedin § 19.2-368.4, or if such person is a minor, by his parent or guardian. Inany case in which the person entitled to make a claim is incapacitated, theclaim may be filed on his behalf by his guardian, conservator or such otherindividual authorized to administer his estate.
B. A claim shall be filed by the claimant not later than one year after theoccurrence of the crime upon which such claim is based, or not later than oneyear after the death of the victim. However, (i) in cases involving claimsmade on behalf of a minor or a person who is incapacitated, the provisions ofsubsection A of § 8.01-229 shall apply to toll the one-year period; (ii) incases involving claims made by a victim against profits of crime held inescrow pursuant to Chapter 21.2 (§ 19.2-368.19 et seq.) of this title, theclaim shall be filed within five years of the date of the special order ofescrow; and (iii) in cases involving claims of sexual abuse of a minor, theclaim shall be filed within 10 years after the minor's eighteenth birthday.For good cause shown, the Commission may extend the time for filing.
C. Claims shall be filed in the office of the Commission in person, by mail,or by electronic means in accordance with standards approved by theCommission. The Commission shall accept for filing all claims submitted bypersons eligible under subsection A of this section and alleging thejurisdictional requirements set forth in this chapter and meeting therequirements as to form in the rules and regulations of the Commission.
D. Upon filing of a claim pursuant to this chapter, the Commission shallpromptly notify the attorney for the Commonwealth of the jurisdiction whereinthe crime is alleged to have occurred. If, within 10 days after suchnotification, the attorney for the Commonwealth so notified advises theCommission that a criminal prosecution is pending upon the same allegedcrime, the Commission shall defer all proceedings under this chapter untilsuch time as such criminal prosecution has been concluded in the circuitcourt unless notification is received from the attorney for the Commonwealththat no objection is made to a continuation of the investigation anddetermination of the claim. When such criminal prosecution has been concludedin the circuit court the attorney for the Commonwealth shall promptly sonotify the Commission. Nothing in this section shall be construed to meanthat the Commission is to defer proceedings upon the filing of an appeal, norshall this section be construed to limit the authority of the Commission togrant emergency awards as hereinafter provided. Upon awarding a claimpursuant to this chapter, the Commission shall promptly notify the attorneyfor the Commonwealth of the jurisdiction wherein the crime is alleged to haveoccurred. If a criminal prosecution occurs regarding the same alleged crime,the attorney for the Commonwealth shall request the court to orderrestitution. However, neither the lack of a restitution order, nor thefailure of the attorney for the Commonwealth to request such an order, shallpreclude the Fund from exercising its subrogation rights pursuant to §19.2-368.15. Any such restitution shall be paid over to the Comptroller fordeposit into the Criminal Injuries Compensation Fund to the extent of theamount of the award paid from the Fund.
(1976, c. 605; 1977, c. 215; 1978, c. 122; 1986, c. 457; 1992, c. 681; 1997,c. 801; 1998, c. 484; 2001, cc. 363, 855; 2002, c. 665; 2005, c. 683; 2006,c. 414; 2009, c. 381.)
