reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 12 - CREDITORS' BILLS (§§ 29-12-101 — 29-12-109) › Section 29-12-103 - Intervention by other creditors

If the bill is filed by one (1) creditor for the creditor and others, the other creditors may make themselves parties at any time before final decree, by petition and execution of prosecution bonds, or by agreeing to join in the bonds required in the case of the original complaint, and in a sufficient penalty, to pay their proportional part of the recovery on such bonds.
Code 1858, § 4290 (deriv. Acts 1851-1852, ch. 365, § 10); Shan., § 6099; mod. Code 1932, § 10360; T.C.A. (orig. ed.), § 23-1003.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 12 - CREDITORS' BILLS (§§ 29-12-101 — 29-12-109) › Section 29-12-104 - Powers of court

The court has the same power and jurisdiction in all respects to set aside fraudulent conveyances and other fraudulent devices, in the cases mentioned in §§
29-12-101
- 29-12-103, and to subject the property, by sale or otherwise, to the payment of debts, as if the creditor had obtained judgment, and execution thereon had been returned unsatisfied.
Code 1858, § 4291 (deriv. Acts 1851-1852, ch. 365, § 10); Shan., §6100; Code 1932, § 10361; T.C.A. (orig. ed.), § 23-1004.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 12 - CREDITORS' BILLS (§§ 29-12-101 — 29-12-109) › Section 29-12-105 - Judgment without fraud

In case the complainant fails to establish the fraud, the court shall proceed to render judgment on the complainant's claim, ascertaining the amount, when disputed, by reference to the clerk and master, where deemed advisable, or by an issue to be tried by a jury; but the complainant shall pay all costs, except such as are incident to taking the judgment.
Code 1858, § 4292 (deriv. Acts 1851-1852, ch. 365, § 10); Shan., § 6101; mod. Code 1932, § 10362; T.C.A. (orig. ed.), § 23-1005.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 12 - CREDITORS' BILLS (§§ 29-12-101 — 29-12-109) › Section 29-12-106 - Limitation of actions

In no case shall the limitation of actions be held to commence running in favor of a fraudulent or voluntary possessor, until the creditor, to be affected by the fraudulent or voluntary conveyance, has a right of action to test the validity of such conveyance.
Code 1858, § 4293 (deriv. Acts 1851-1852, ch. 365, § 10); Shan., §6102; Code 1932, § 10363; T.C.A. (orig. ed.), § 23-1006.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 12 - CREDITORS' BILLS (§§ 29-12-101 — 29-12-109) › Section 29-12-107 - Corporate property

The creditors of a corporation may also, without first having obtained a judgment at law, file a bill in the court of chancery, to attach the property of the corporation, and subject the same, by sale or otherwise, to the satisfaction of their debts, when the corporate franchises are not used, or have been granted to others in whole or in part.
Code 1858, § 4294 (deriv. Acts 1851-1852, ch. 172, § 1); Shan., §6103; Code 1932, § 10364; T.C.A. (orig. ed.), § 23-1007.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 12 - CREDITORS' BILLS (§§ 29-12-101 — 29-12-109) › Section 29-12-108 - Receiver for corporate property

In such cases the court may appoint a receiver, take an account of the affairs of the corporation, and apply the property and effects to the payment of debts pro rata, and divide the surplus, if any, among the stockholders.
Code 1858, § 4295 (deriv. Acts 1851-1852, ch. 172, § 1); Shan., §6104; Code 1932, § 10365; T.C.A. (orig. ed.), § 23-1008.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 12 - CREDITORS' BILLS (§§ 29-12-101 — 29-12-109) › Section 29-12-109 - Bill where legal remedies insufficient

In all cases where personal service of process cannot be made at law, and where no original attachment at law will lie, and no judgment at law can be obtained, and also in cases where the demand is purely of an equitable nature, the court of chancery has jurisdiction to subject legal and equitable interests in every kind of property, with the exception stated in §
26-4-101
, the lien to commence from the filing of the bill (but as to subsequent purchasers and encumbrancers from registration) if the facts are verified by affidavit, and injunction is granted.
Code 1858, § 4287 (deriv. Acts 1832, ch. 11, § 4); Shan., §6096; mod. Code 1932, § 10357; T.C.A. (orig. ed.), § 23-1009.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 13 - CRIMINAL INJURIES COMPENSATION (§§ 29-13-101 — 29-13-411) › Part 1 - GENERAL PROVISIONS (§§ 29-13-101 — 29-13-119) › Section 29-13-101 - Short title

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.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 13 - CRIMINAL INJURIES COMPENSATION (§§ 29-13-101 — 29-13-411) › Part 1 - GENERAL PROVISIONS (§§ 29-13-101 — 29-13-119) › Section 29-13-102 - Chapter definitions

As used in this chapter and §
40-24-107
, unless the context otherwise requires:
(1)
"Child" means any individual, adopted or natural born, entitled to take as a child under the laws of this state by intestate succession from the parent whose relationship is involved and also includes a stepchild;
(2)
"Claimant" means any person or persons filing a claim for compensation under this chapter on such person's or persons' own behalf, the guardian of a victim if the victim is a minor, the legal representative of the estate of a deceased victim, or the dependents of the victim;
(3)
"Commission" means the Tennessee claims commission created pursuant to §
9-8-301
;
(4)
"Court" means the circuit courts of the state of Tennessee, for the purposes of filing a claim, and any court of the state which has the jurisdiction to try a crime against person or property, for the purpose of assessing the costs provided for in §
40-24-107
, except general sessions courts or municipal courts may not impose such costs;
(5)
"Dependents" means such relatives of a deceased victim as were receiving substantial support or needed services from the victim at the time of the victim's death, and includes the child of such victim born after such victim's death;
(6)
"Division" means the division of claims and risk management created pursuant to §
9-8-401
;
(7)
"Family," when used with reference to a person, includes:
(A)
Any person related to such person within the third degree of consanguinity or affinity; or
(B)
Any person living in the same household as such person;
(8)
"Guardian" or "legal guardian" means a person having the legal authority to provide for the care, supervision, and control of a minor child as established by law or court order;
(9)
"Minor" means any person who has not attained the age of eighteen (18) years;
(10)
"Offender" means a person who has or is alleged to have committed a crime;
(11)
"Out of pocket expenses" means unreimbursed or unreimbursable expenditures or indebtedness reasonably incurred for medical care or other services reasonably necessary as a result of the personal injury or death upon which a claim is based;
(12)
"Relative" means a spouse, parent, grandparent, stepparent, child, grandchild, brother, sister, half brother, half sister and a spouse's parents or stepparents; and
(13)
"Victim" means a person who suffers personal injury or death as a direct and proximate result of any act of a person which is within the description of any of the offenses specified in §
29-13-104
.
Amended by 2019 Tenn. Acts, ch. 311, s 1, eff. 5/8/2019.
Acts 1976, ch. 736, § 2; 1977, ch. 427, § 1; impl. am. Acts 1979, ch. 68, § 3; T.C.A., §§ 23-3502, 23-35-102; Acts 1989, ch. 129, § 1; 1993, ch. 494, §§ 14-16.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 13 - CRIMINAL INJURIES COMPENSATION (§§ 29-13-101 — 29-13-411) › Part 1 - GENERAL PROVISIONS (§§ 29-13-101 — 29-13-119) › Section 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:
(1)
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:
(A)
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;
(B)
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
(C)
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.
(2)
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;
(3)
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
(4)
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.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 13 - CRIMINAL INJURIES COMPENSATION (§§ 29-13-101 — 29-13-411) › Part 1 - GENERAL PROVISIONS (§§ 29-13-101 — 29-13-119) › Section 29-13-110 - Medical reports

(a)
In the filing of a claim, the claimant shall provide sufficient medical reports from physicians, surgeons, hospitals and other health care facilities to fully describe the injury suffered, the treatments rendered and the percentage of disability incurred, if disability benefits are requested by the claimant. At the time of final adjudication of the claim, medical reports submitted by the claimant may be returned to the claimant.
(b)
If an examination of the victim and a report thereon, or a report on the cause of death of the victim, would be of material aid, a duly qualified impartial physician may be appointed to make such an examination or report, with due regard to the religious tenets of the claimant.
Acts 1976, ch. 736, § 10; T.C.A., §§ 23-3510, 23-35-110; Acts 1986, ch. 911, § 3; 1988, ch. 776, § 8; 1989, ch. 129, §§ 15, 16.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 13 - CRIMINAL INJURIES COMPENSATION (§§ 29-13-101 — 29-13-411) › Part 1 - GENERAL PROVISIONS (§§ 29-13-101 — 29-13-119) › Section 29-13-112 - Attorney's fees

(a)
(1)
In addition to the amount of compensation awarded under this chapter, reasonable attorney's fees shall be determined and allowed to the attorney representing the claimant; provided, that no attorney's fees shall exceed the lesser of the following:
(A)
Fifteen percent (15%) of the first two thousand five hundred dollars ($2,500) of compensation awarded, plus ten percent (10%) of any compensation awarded over two thousand five hundred dollars ($2,500); or
(B)
Three hundred seventy-five dollars ($375) for claims resulting from the death of the victim or five hundred dollars ($500) for all other claims.
(2)
Notwithstanding subdivision (a)(1), an attorney who is aggrieved by the amount of attorney's fees allowed may petition the commission for a review thereof. In determining whether to grant the petition for review, the commission shall take into account the complexity of the claim, the amount of time the attorney spent in representing the claimant, and such other matters as the commission deems appropriate. The petition must be filed within thirty (30) days of the date of the settlement notice, or if the claim was heard by the commission, within thirty (30) days of the date of the commission's order. The petition shall set forth with specificity the reasons the commission should grant the review. If the commission grants the petition, the commission may increase the amount of attorney's fees allowed.
(3)
Provided, that in no case may the total fees granted under subdivisions (a)(1) and (2) exceed a maximum of seven hundred fifty dollars ($750).
(b)
(1)
There shall be no compensation to an attorney whose fees are paid for under any federally funded legal services program, or any such program funded by the state.
(2)
However, compensation shall be determined and allowed in accordance with subsection (a) to an attorney employed in a privately or publicly funded nonprofit public interest law firm or corporation if the following conditions are met:
(A)
The attorney filed the claim on behalf of the claimant as part of the attorney's ongoing representation of the claimant in a civil action arising from the injury or death which was the basis of the claim; and
(B)
Neither the attorney, the law firm nor the corporation received, or is entitled to receive, compensation for filing the claim on behalf of the claimant under any federal or state statute or rule.
(c)
It is unlawful for any attorney to ask for, contract for or receive any larger sum than the amount so allowed under this section.
Acts 1976, ch. 736, § 12; T.C.A., §§ 23-3512, 23-35-112; Acts 1986, ch. 911, § 3; 1989, ch. 129, § 20; 1993, ch. 494, § 12; 1994, ch. 808, § 3.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 13 - CRIMINAL INJURIES COMPENSATION (§§ 29-13-101 — 29-13-411) › Part 1 - GENERAL PROVISIONS (§§ 29-13-101 — 29-13-119) › Section 29-13-113 - Subrogation

(a)
Whenever any person is convicted of an offense and an order for the payment of compensation is or has been made under this chapter for a personal injury or death resulting from the act constituting such offense, the state of Tennessee may institute an action against such person for the recovery of the whole or any specified part of the compensation in the circuit courts of the state of Tennessee in any county, in a state, or in a federal court of any other state or district in which such person resides.
(b)
An order for the payment of compensation under this chapter shall not affect the right of any person to recover damages from any other person by a civil action for the injury or death.
(c)
As a condition for the receipt of a criminal injuries compensation award, the recipient of an award shall agree, by such form as the board of claims may direct, to cooperate fully with appropriate officials of the state should the state proceed to institute an action against the criminal offender to recover the whole or any specified part of the compensation awarded.
(d)
Should any person receiving an award for criminal injuries compensation choose to exercise such person's right to recover damages in civil court for injury or death, such person shall notify the district attorney general and the division of the institution of such a lawsuit by serving the district attorney general and the division through the United States mail with a copy of the complaint, all subsequent pleadings and a copy of the final judgment in order to give the state notice of the existence of such an action so that the state may pursue its subrogated interest.
Acts 1976, ch. 736, § 13; Acts 1980, ch. 628, § 1; T.C.A., §§ 23-3513, 23-35-113; Acts 1984, ch. 752, § 9; 1993, ch. 494, § 13.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 13 - CRIMINAL INJURIES COMPENSATION (§§ 29-13-101 — 29-13-411) › Part 1 - GENERAL PROVISIONS (§§ 29-13-101 — 29-13-119) › Section 29-13-114 - Emergency award

(a)
If it appears to the claims commission, prior to any hearing on a claim, that:
(1)
Such claim is one with respect to which an award will probably be made; and
(2)
Undue hardship will result to the claimant if immediate payment is not made;
the claims commission may make an emergency award to the claimant pending a final decision in the case.
(b)
The amount of such emergency award shall not exceed five hundred dollars ($500).
(c)
The amount of such emergency award shall be deducted from any final award made to the claimant. The excess of the amount of such emergency award over the final award, or the full amount of the emergency award if no final award is made, shall be repaid by the claimant to the state.
(d)
No emergency award shall be made pursuant to this section unless the board of claims certifies that there is sufficient money in the fund to pay all awards that have been made pursuant to this chapter.
Acts 1976, ch. 736, § 14; T.C.A., §§ 23-3514, 23-35-114; Acts 1985, ch. 278, § 7; 1986, ch. 911, § 3.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 13 - CRIMINAL INJURIES COMPENSATION (§§ 29-13-101 — 29-13-411) › Part 1 - GENERAL PROVISIONS (§§ 29-13-101 — 29-13-119) › Section 29-13-115 - Penalty

Any person who asserts a false claim under this chapter, knowing such claim to be false, commits a Class C misdemeanor, and, upon conviction thereof, shall forfeit any benefit received and shall reimburse and repay the state for payments received or paid on such person's behalf pursuant to any of the provisions of this chapter.
Acts 1976, ch. 736, § 15; T.C.A., §§ 23-3515, 23-35-115; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 13 - CRIMINAL INJURIES COMPENSATION (§§ 29-13-101 — 29-13-411) › Part 1 - GENERAL PROVISIONS (§§ 29-13-101 — 29-13-119) › Section 29-13-116 - Use of state and federal funds - Expenses - Grants

(a)
Funds available from the criminal injuries compensation fund, created under §
40-24-107
, shall be expended to effectuate this chapter, including all expenses to administer this chapter.
(b)
Use of available federal funds shall be specifically permitted to fund this program. In the event federal funds are made available to the state, the division of claims and risk management is hereby authorized to comply with any additional requirements imposed by the federal government so long as compliance with such provisions is not prohibited by, or contrary to, this chapter.
(c)
The treasurer is authorized to award an annual grant to the district attorneys general conference for domestic violence and drug enforcement program operations in an amount not to exceed that specified in the general appropriations act each fiscal year. The treasurer is also authorized to provide an annual sponsorship for a remembrance event for homicide victims in an amount not to exceed eight hundred fifty dollars ($850).
(d)
In the event that the moneys in the criminal injuries compensation fund are inadequate to support subsections (a)-(c), there is hereby appropriated a sum sufficient to support those expenditures.
Amended by 2014 Tenn. Acts, ch. 1004,s 1, eff. 5/22/2014.
Acts 1976, ch. 736, § 16(e); 1979, ch. 319, § 2; T.C.A., §§ 23-3516, 23-35-116; Acts 1985, ch. 278, § 8; 1992, ch. 761, § 4; 2000, ch. 983, § 2; 2002, ch. 869, § 5; 2003 , ch. 235, § 1; 2004, ch. 693, §§ 1, 2; 2008 , ch. 1077, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 13 - CRIMINAL INJURIES COMPENSATION (§§ 29-13-101 — 29-13-411) › Part 1 - GENERAL PROVISIONS (§§ 29-13-101 — 29-13-119) › Section 29-13-117 - Statistical reports

The state treasurer shall include in the annual report of the state treasurer, such financial, statistical or other relevant information to accurately report the financial condition of the criminal injuries compensation fund and the operation of this chapter.
Acts 1976, ch. 736, § 17; T.C.A., §§ 23-3517, 23-35-117; Acts 1985, ch. 278, § 11.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 13 - CRIMINAL INJURIES COMPENSATION (§§ 29-13-101 — 29-13-411) › Part 1 - GENERAL PROVISIONS (§§ 29-13-101 — 29-13-119) › Section 29-13-119 - Claims by passengers in motor vehicles or watercraft

(a)
Claims for compensation brought under §
29-13-104(1)(B)
shall be barred if the victim knew or reasonably should have known that the operator of the motor vehicle or watercraft was legally intoxicated or under the influence of a drug of abuse or both as proscribed by title 55. For purposes of this section, "a drug of abuse" shall mean any intoxicant, marijuana, narcotic drug, or drug that produces stimulating effects on the central nervous system.
(b)
For purposes of this section and §
29-13-104(1)(B)
, a rebuttable presumption shall exist that the victim knew or reasonably should have known that the driver was legally intoxicated or under the influence of a drug of abuse or both as proscribed by title 55. The fact that the victim was under the influence of alcohol, a drug of abuse, or both shall not mitigate, excuse or justify the victim's failure to have reasonably known that the operator of the vehicle was under the influence of alcohol, a drug of abuse or both.
(c)
The rebuttable presumption provisions shall not apply if on the date of the offense the victim was under fourteen (14) years of age, or was at least fourteen (14) years of age but less than eighteen (18) years of age and was riding with a parent, guardian or other person exercising parental control over the victim.
Acts 2001, ch. 445, § 2.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 13 - CRIMINAL INJURIES COMPENSATION (§§ 29-13-101 — 29-13-411) › Part 3 - TRUST FUND FOR AWARDS TO MINORS (§§ 29-13-301 — 29-13-309) › Section 29-13-301 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Commission" means the Tennessee claims commission created pursuant to §
9-8-301
;
(2)
"Criminal injuries compensation award" means the compensation awarded pursuant to part 1 of this chapter;
(3)
"Division" means the division of claims and risk management created pursuant to §
9-8-401
;
(4)
"Guardian ad litem" means a responsible adult appointed by the juvenile court to protect the rights and interests of the minor;
(5)
"Juvenile court" means the court having juvenile court jurisdiction in the county where the minor resides; and
(6)
"Minor" means any person who has not attained eighteen (18) years of age and who has not been otherwise emancipated.
Acts 1993, ch. 494, § 1; 1994, ch. 808, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 13 - CRIMINAL INJURIES COMPENSATION (§§ 29-13-101 — 29-13-411) › Part 3 - TRUST FUND FOR AWARDS TO MINORS (§§ 29-13-301 — 29-13-309) › Section 29-13-302 - Establishment of trust

The commission or the division may, in such manner as it deems appropriate, turn over criminal injury compensation awards made to a minor to the juvenile court clerk to be placed in an interest-bearing account for the benefit of the minor. The award shall be accompanied with a petition and order directing the clerk to set up a fund for the minor.
Acts 1993, ch. 494, § 1; 1994, ch. 808, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 13 - CRIMINAL INJURIES COMPENSATION (§§ 29-13-101 — 29-13-411) › Part 3 - TRUST FUND FOR AWARDS TO MINORS (§§ 29-13-301 — 29-13-309) › Section 29-13-303 - Basis for encroachment of funds

Encroachment on the funds shall be allowed for any injury related expenses specifically contemplated by the commission or the division in granting the compensation award. Encroachment on the funds may also be allowed for unusual medical expenses, including, but not limited to, eyeglasses or braces, or for unusual educational opportunities, such as school field trips, or, with good cause shown, other need of the minor, provided such need is not for normal living expenses. Encroachment on the funds shall not be allowed if the minor is legally entitled to receive payment for such expenses from any other public or private source including, but not limited to, insurance, TennCare or medicaid.
Acts 1993, ch. 494, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 13 - CRIMINAL INJURIES COMPENSATION (§§ 29-13-101 — 29-13-411) › Part 3 - TRUST FUND FOR AWARDS TO MINORS (§§ 29-13-301 — 29-13-309) › Section 29-13-304 - Procedure for encroachment

(a)
In order to obtain encroachment on the funds, a motion must be filed with the juvenile court by the custodian or other appropriate individuals.
(b)
The motion shall state the minor's name, the amount of money being currently held in the clerk's office for the benefit of the minor, the particular need or expense for which disbursement is sought, and the amount sought.
(c)
At the hearing, the custodian or other appropriate individual petitioning the court to encroach shall be placed under oath and shall testify as to the minor's need.
(d)
In the event the court grants the motion, an order shall be filled out stating the date, the amount of the disbursement, and to whom the check or checks are to be made payable.
(e)
In the event that the check is to be made payable to a health care provider or to the school or other appropriate person, the clerk's office shall be charged with the responsibility of obtaining the address of the health care provider, the school or other appropriate person or agency and forwarding the check directly to them.
(f)
In the event the sum is made payable to the custodian or other appropriate individual, that person shall be responsible for making an accounting to the court thirty (30) days from the date of the hearing as to how the money was spent. In these situations, the court shall direct a probation officer to monitor the file and issue a show cause hearing in the event the custodian or other appropriate individual does not make the accounting to the court in the time prescribed by the court.
(g)
In unusual circumstances, a guardian ad litem may be appointed to determine whether or not disbursing the funds is in the best interest of the minor.
Acts 1993, ch. 494, § 1; 1994, ch. 808, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 13 - CRIMINAL INJURIES COMPENSATION (§§ 29-13-101 — 29-13-411) › Part 3 - TRUST FUND FOR AWARDS TO MINORS (§§ 29-13-301 — 29-13-309) › Section 29-13-305 - Forms

The clerk's office shall provide forms which may be necessary to seek an encroachment order under this part. These forms shall be limited to use in causes filed under this part and they shall be made available to all who request assistance in filing a petition. The petitioner is not limited to the use of these forms and may present to the court any legally sufficient petition in whatever form. The office of the clerk shall also assist a person who is not represented by counsel by filling in the name of the court on the petition, by indicating where the petitioner's name shall be filled in, by reading through the petition form with the petitioner, and by rendering any other such assistance as is necessary for the filing of the petition.
Acts 1993, ch. 494, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 13 - CRIMINAL INJURIES COMPENSATION (§§ 29-13-101 — 29-13-411) › Part 3 - TRUST FUND FOR AWARDS TO MINORS (§§ 29-13-301 — 29-13-309) › Section 29-13-306 - Clerk's fee

To defray the expenses of administering a criminal injury compensation award under this part, the juvenile court clerk shall be entitled to receive a flat fee not to exceed five percent (5%) of the total amount tendered into the court. The fee shall be deducted by the clerk from the compensation award.
Acts 1993, ch. 494, § 1; 1994, ch. 808, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 13 - CRIMINAL INJURIES COMPENSATION (§§ 29-13-101 — 29-13-411) › Part 3 - TRUST FUND FOR AWARDS TO MINORS (§§ 29-13-301 — 29-13-309) › Section 29-13-307 - Residence change

(a)
If the minor becomes a resident of another county in this state or becomes a resident of another state, the court may request the juvenile court of the county of the state in which the child has become a resident to accept jurisdiction of the trust and to continue the terms of the trust as set forth herein.
(b)
Upon receipt and filing of an acceptance, the court shall transfer the funds and interest income of the trust to the accepting court. It shall also provide that court with certified copies of the petition and order setting up the trust, motions and orders to encroach, and any other information it considers of assistance to the accepting court in administering the trust.
(c)
Upon compliance with subsection (b), the jurisdiction of the transferring court over the trust is terminated.
Acts 1993, ch. 494, § 1; 1994, ch. 808, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 13 - CRIMINAL INJURIES COMPENSATION (§§ 29-13-101 — 29-13-411) › Part 3 - TRUST FUND FOR AWARDS TO MINORS (§§ 29-13-301 — 29-13-309) › Section 29-13-308 - Termination of trust

Upon attaining eighteen (18) years of age, the minor may terminate the trust by submitting a written request therefor with the court clerk. The court clerk shall deliver to the minor all funds and interest income remaining in the trust less any outstanding fees, court costs, fines, or restitutions resulting from the minor beneficiary's actions pending in juvenile court within sixty (60) calendar days from the date of the request.
Amended by 2013 Tenn. Acts, ch. 324,s 1, eff. 5/13/2013.
Acts 1993, ch. 494, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 13 - CRIMINAL INJURIES COMPENSATION (§§ 29-13-101 — 29-13-411) › Part 3 - TRUST FUND FOR AWARDS TO MINORS (§§ 29-13-301 — 29-13-309) › Section 29-13-309 - Denial of petition to establish trust - Transfer of fund to juvenile court

The juvenile court may deny a petition to establish a trust for the benefit of a minor as provided in this part; provided, that the court issues an order to that effect within fourteen (14) business days after receipt of the petition. The juvenile court clerk shall return the award to the division accompanied with the order. Upon receipt of the order, the division shall turn the award over to the clerk of the court having probate jurisdiction in the county where the minor resides. The award shall be accompanied with a petition and order directing the clerk to set up a fund for the minor as provided herein. The court shall accept jurisdiction of the trust and shall have all of the rights, duties and obligations as a juvenile court is required or authorized to perform under this part.
Acts 1993, ch. 494, § 1; 1994, ch. 808, § 2.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 13 - CRIMINAL INJURIES COMPENSATION (§§ 29-13-101 — 29-13-411) › Part 4 - VICTIMS' COMPENSATION FROM THE PROCEEDS OF CRIME (§§ 29-13-401 — 29-13-411) › Section 29-13-401 - Short title

This part shall be known and may be cited as the "Victim Compensation from the Proceeds of the Crime Act of 1994."
Acts 1994, ch. 1003, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 13 - CRIMINAL INJURIES COMPENSATION (§§ 29-13-101 — 29-13-411) › Part 4 - VICTIMS' COMPENSATION FROM THE PROCEEDS OF CRIME (§§ 29-13-401 — 29-13-411) › Section 29-13-402 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Attorney general and reporter" means the Tennessee attorney general and reporter;
(2)
"Crime" means an offense under the laws of this state resulting in a specific physical, mental, or pecuniary injury, or death, to another person, and includes multiple crimes committed by a defendant;
(3)
"Defendant" means a person who:
(A)
Is convicted of a crime in this state;
(B)
Is judged not guilty by reason of insanity;
(C)
Pleads nolo contendere to a specific criminal charge; or
(D)
Has been formally charged with a crime but is still awaiting trial; and
(4)
"Victim" means:
(A)
A person, not an accomplice of the defendant, who suffers a specific physical, mental, or pecuniary injury as a direct result of a crime; or
(B)
The estate of a person who dies as a direct result of a crime.
Acts 1994, ch. 1003, § 2.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 13 - CRIMINAL INJURIES COMPENSATION (§§ 29-13-101 — 29-13-411) › Part 4 - VICTIMS' COMPENSATION FROM THE PROCEEDS OF CRIME (§§ 29-13-401 — 29-13-411) › Section 29-13-403 - Defendant's income - Collection - Deposit

(a)
(1)
The attorney general and reporter shall collect all income, from whatever source derived, which is owing to the defendant, or representative or assignee of the defendant, after the date of the crime.
(2)
If the district attorney general of the district in which a defendant's conviction occurred, or any district attorney general, has or becomes aware of any information concerning income that is in such defendant's possession or is owing to such defendant, it shall be the duty of such district attorney general to notify the attorney general and reporter of such information.
(3)
Any such district attorney general who has or becomes aware of information concerning a defendant's income as described in subdivision (a)(2) shall also assist and work with the attorney general and reporter in locating and collecting such income.
(b)
The attorney general and reporter shall deposit the moneys collected in an interest-bearing escrow account in the name of the defendant. The moneys shall be payable to the victim or victims of the crime committed by the defendant. The moneys shall only be payable if the victim, or legal representative of the victim's estate, brings a civil action in a court of competent jurisdiction for money damages against the defendant within three (3) years from the date of the crime, subject to §
29-13-404
.
Acts 1994, ch. 1003, § 3; 1995, ch. 506, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 13 - CRIMINAL INJURIES COMPENSATION (§§ 29-13-101 — 29-13-411) › Part 4 - VICTIMS' COMPENSATION FROM THE PROCEEDS OF CRIME (§§ 29-13-401 — 29-13-411) › Section 29-13-404 - Limitations period

Notwithstanding any inconsistent law with respect to survival of civil actions, the three-year period for filing a civil action as provided by §
29-13-403(b)
does not begin to run until:
(1)
All moneys owing to the defendant under the terms of the contract have been paid to the attorney general and reporter; and
(2)
An escrow account has been established for the benefit of the defendant's victims.
Acts 1994, ch. 1003, § 4.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 13 - CRIMINAL INJURIES COMPENSATION (§§ 29-13-101 — 29-13-411) › Part 4 - VICTIMS' COMPENSATION FROM THE PROCEEDS OF CRIME (§§ 29-13-401 — 29-13-411) › Section 29-13-405 - Notice to victims

After establishing an escrow account, the attorney general and reporter shall notify victims of the existence of the account in the following manner:
(1)
By direct notification, if direct notice to a victim is possible and not unreasonable under the circumstances, as frequently as provided by subdivision (2), that moneys are available to satisfy a civil judgment pursuant to this part; and
(2)
If direct notice is not possible, by publication of a legal notice in a newspaper in the county in which the crime was committed and in counties contiguous to that county. The notice shall advise the victim that escrow moneys are available to satisfy a money judgment pursuant to this part. The notice shall be published once every three (3) months for three (3) years after the date the escrow account is established. The attorney general and reporter may provide for additional notice as deemed necessary.
Acts 1994, ch. 1003, § 5.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 13 - CRIMINAL INJURIES COMPENSATION (§§ 29-13-101 — 29-13-411) › Part 4 - VICTIMS' COMPENSATION FROM THE PROCEEDS OF CRIME (§§ 29-13-401 — 29-13-411) › Section 29-13-406 - Apportionment of funds among victims

(a)
If more than one (1) victim may claim funds from an escrow account, no victim may be compensated until all claims against the defendant have been adjudicated.
(b)
If more than one (1) victim recovers a judgment for money damages, and funds from the escrow account are insufficient to satisfy fully all judgments, money shall be apportioned to each victim on a prorated basis.
Acts 1994, ch. 1003, § 6.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 13 - CRIMINAL INJURIES COMPENSATION (§§ 29-13-101 — 29-13-411) › Part 4 - VICTIMS' COMPENSATION FROM THE PROCEEDS OF CRIME (§§ 29-13-401 — 29-13-411) › Section 29-13-407 - Return of funds to defendant

(a)
The attorney general and reporter immediately shall pay over to the defendant all of the funds in the escrow account:
(1)
Upon a showing by the defendant, or representative of the defendant, that three (3) years have elapsed from the date the escrow account has been established, and no civil actions are pending against the defendant; or
(2)
Upon disposition of the criminal charges favorable to the defendant.
(b)
If the defendant fails to make a showing under subdivision (a)(1) to the attorney general and reporter that the limitations period has expired, within six (6) months after the expiration of the period, the attorney general and reporter shall turn over all moneys in the escrow account to the criminal injuries compensation fund of this state.
Acts 1994, ch. 1003, § 7.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 13 - CRIMINAL INJURIES COMPENSATION (§§ 29-13-101 — 29-13-411) › Part 4 - VICTIMS' COMPENSATION FROM THE PROCEEDS OF CRIME (§§ 29-13-401 — 29-13-411) › Section 29-13-408 - Use of funds for legal representation

Upon a showing by the defendant to the attorney general and reporter or the court in which the defendant's case on appeal is pending, that legal representation would not be otherwise affordable, the defendant shall be entitled to use funds from the escrow account to obtain legal representation at any stage of the criminal proceedings, including the appeals process. The defendant's use of such funds shall not exceed twenty percent (20%) of the total amount of the funds paid into the escrow account.
Acts 1994, ch. 1003, § 8.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 13 - CRIMINAL INJURIES COMPENSATION (§§ 29-13-101 — 29-13-411) › Part 4 - VICTIMS' COMPENSATION FROM THE PROCEEDS OF CRIME (§§ 29-13-401 — 29-13-411) › Section 29-13-409 - Failure by defendant to establish claim for return of funds

Upon a showing by the defendant that three (3) years have passed since the date the escrow account was established, and that all civil judgments against the defendant have been satisfied, all remaining funds from the escrow account shall be paid to the defendant. If the defendant fails to make such a showing within six (6) months after the expiration of the limitation period, the attorney general and reporter shall turn over the remaining moneys in the escrow account to the criminal injuries compensation fund established by §
29-13-101
.
Acts 1994, ch. 1003, § 9.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 13 - CRIMINAL INJURIES COMPENSATION (§§ 29-13-101 — 29-13-411) › Part 4 - VICTIMS' COMPENSATION FROM THE PROCEEDS OF CRIME (§§ 29-13-401 — 29-13-411) › Section 29-13-410 - Violation of part - Penalty

An entity violating this part commits a Class A misdemeanor. If an entity contracts and makes payment to a defendant in violation of this part, the entity is liable to a victim of crime for three (3) times the amount that victim would be entitled to receive, plus the costs of collection including attorney's fees.
Acts 1994, ch. 1003, § 10.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 13 - CRIMINAL INJURIES COMPENSATION (§§ 29-13-101 — 29-13-411) › Part 4 - VICTIMS' COMPENSATION FROM THE PROCEEDS OF CRIME (§§ 29-13-401 — 29-13-411) › Section 29-13-411 - Acts in derogation of part

Any action taken by the defendant, whether by way of execution of a power of attorney, creation of corporate identity or otherwise, to defeat the purpose of this part is void as against the public policy of the state.
Acts 1994, ch. 1003, § 11.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 14 - DECLARATORY JUDGMENTS (§§ 29-14-101 — 29-14-113) › Section 29-14-101 - Definition of person

"Person," wherever used in this chapter, is construed to mean any person, partnership, joint stock company, trust, unincorporated association, or society, or municipal or other corporation of any character whatsoever.
Acts 1923, ch. 29, § 13; Shan. Supp., § 4726a13; Code 1932, §8847; T.C.A. (orig. ed.), §23-1101; 2012 , ch. 886, § 3.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 14 - DECLARATORY JUDGMENTS (§§ 29-14-101 — 29-14-113) › Section 29-14-102 - General power of courts

(a)
Courts of record within their respective jurisdictions have the power to declare rights, status, and other legal relations whether or not further relief is or could be claimed.
(b)
No action or proceeding shall be open to objection on the ground that a declaratory judgment or decree is prayed for.
(c)
The declaration may be either affirmative or negative in form and effect; and such declaration shall have the force and effect of a final judgment or decree.
Acts 1923, ch. 29, § 1; Shan. Supp., § 4726a1; Code 1932, §8835; T.C.A. (orig. ed.), § 23-1102.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 14 - DECLARATORY JUDGMENTS (§§ 29-14-101 — 29-14-113) › Section 29-14-103 - Construction of statutes and written instruments

Any person interested under a deed, will, written contract, or other writings constituting a contract, or whose rights, status, or other legal relations are affected by a statute, municipal ordinance, contract, or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract, or franchise and obtain a declaration of rights, status or other legal relations thereunder.
Acts 1923, ch. 29, § 2; Shan. Supp., § 4726a2; Code 1932, §8836; T.C.A. (orig. ed.), § 23-1103.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 14 - DECLARATORY JUDGMENTS (§§ 29-14-101 — 29-14-113) › Section 29-14-104 - Construction of contract before or after breach

A contract may be construed either before or after there has been a breach thereof.
Acts 1923, ch. 29, § 3; Shan. Supp., § 4726a3; Code 1932, §8837; T.C.A. (orig. ed.), § 23-1104.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 14 - DECLARATORY JUDGMENTS (§§ 29-14-101 — 29-14-113) › Section 29-14-105 - Fiduciary powers and duties

Any person interested as or through an executor, administrator, trustee, guardian, conservator or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the administration of a trust, or of the estate of a decedent, an infant, person adjudicated incompetent, or insolvent may have a declaration of rights or legal relations in respect thereto to:
(1)
Ascertain any class of creditors, devisees, legatees, heirs, next of kin, or others;
(2)
Direct the executors, administrators, or trustees to do or abstain from doing any particular act in their fiduciary capacity; or
(3)
Determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.
Acts 1923, ch. 29, § 4; Shan. Supp., § 4726a4; Code 1932, §8838; T.C.A. (orig. ed.), §23-1105; Acts 2011 , ch. 47, § 21.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 14 - DECLARATORY JUDGMENTS (§§ 29-14-101 — 29-14-113) › Section 29-14-106 - Enumeration of powers not a restriction

The enumeration in §§
29-14-103
- 29-14-105 does not limit or restrict the exercise of the general powers conferred in §
29-14-102
, in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an uncertainty.
Acts 1923, ch. 29, § 5; Shan. Supp., § 4726a5; Code 1932, §8839; T.C.A. (orig. ed.), § 23-1106.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 14 - DECLARATORY JUDGMENTS (§§ 29-14-101 — 29-14-113) › Section 29-14-107 - Parties to proceedings

(a)
When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceedings.
(b)
In any proceeding which involves the validity of a municipal ordinance or franchise, such municipality shall be made a party, and shall be entitled to be heard, and if the statute, ordinance, or franchise is of statewide effect and is alleged to be unconstitutional, the attorney general and reporter shall also be served with a copy of the proceeding and be entitled to be heard.
Acts 1923, ch. 29, § 11; Shan. Supp., § 4726a11; Code 1932, §8845; mod. C. Supp. 1950, § 8845; T.C.A. (orig. ed.), § 23-1107.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 14 - DECLARATORY JUDGMENTS (§§ 29-14-101 — 29-14-113) › Section 29-14-108 - Issues of fact

When a proceeding under this chapter involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending.
Acts 1923, ch. 29, § 9; Shan. Supp., § 4726a9; Code 1932, §8843; T.C.A. (orig. ed.), § 23-1108.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 14 - DECLARATORY JUDGMENTS (§§ 29-14-101 — 29-14-113) › Section 29-14-109 - Refusal to render judgment

The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceedings.
Acts 1923, ch. 29, § 6; Shan. Supp., § 4726a6; Code 1932, §8840; T.C.A. (orig. ed.), § 23-1109.