Okla. Stat. tit. 21, § 21-142.10
This is the official text of Okla. Stat. tit. 21, § 21-142.10, part of Oklahoma’s Stat. tit. 21, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 21,." Browse the sections below, each linked to its official government source.
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Award of compensation - Criteria - Amount - Denial,
Official statutory text
withdrawal or reduction - Reconsideration.
A. Compensation shall not be awarded:
1. Unless the claim has been filed with the Crime Victims
Compensation Board within thirty (30) months after the injury or
death upon which the claim is based. If the victim is under a
mental or cognitive disability or is a child under eighteen (18)
years of age, the Board may use the date the criminal incident was
disclosed to a responsible adult when establishing whether or not
the claim was timely filed. In cases involving sexual assault of an
Oklahoma Statutes - Title 21. Crimes and Punishments Page 142
adult eighteen (18) years of age or older, the Board may use the
date the sexual assault forensic evidence kit was tested when
establishing whether the claim was timely filed. The Board may, at
its discretion, extend the filing period beyond one (1) year upon a
showing of good cause or in all cases of sexual assault;
2. To a claimant who was the offender, or an accomplice of the
offender;
3. To another person if the award would unjustly benefit the
offender or accomplice; or
4. Unless after the criminally injurious conduct resulting in
injury or death:
a. such conduct was reported to a law enforcement officer
within seventy-two (72) hours after its occurrence,
b. in the case of sexual assault, the victim undergoes a
forensic medical examination within one hundred twenty
(120) hours after its occurrence, or
c. the Board finds there was good cause for the failure
to report the crime or obtain a forensic medical
examination within the time specified in subparagraph
a or b of this paragraph.
B. Compensation otherwise payable to a claimant shall be
diminished to the extent:
1. That the economic loss is recouped from collateral sources;
or
2. Of the degree of responsibility for the cause of the injury
or death attributable to the victim as determined by the Board.
Provided, a self-inflicted injury shall not be attributable to the
victim when the Board finds the injury is a direct result of the
crime committed against the victim.
C. The Board, upon finding that the claimant or victim has not
fully cooperated with appropriate law enforcement agencies, may
deny, withdraw or reduce an award of compensation. Victims of
sexual assault who undergo a forensic medical examination within one
hundred twenty (120) hours after the sexual assault shall be found
to have fully cooperated. The Board may extend this period of time
for good cause.
D. The Board, on its own motion or on request of the claimant,
may reconsider a decision granting or denying an award or
determining its amount. The motion or request to reconsider a
decision shall be made within six (6) months from the date of the
last action by the Board on the claim at issue. An order on
reconsideration of an award shall not require a refund of amounts
previously paid unless the award was obtained by fraud. The right
of reconsideration does not affect the finality of a Board decision
for the purpose of judicial review. On claims which are denied by
the Board, reconsideration may only be granted within six (6) months
of the last Board action.
Oklahoma Statutes - Title 21. Crimes and Punishments Page 143
E. The provisions of subsections A and B of this section shall
not apply to claimants eligible for compensation pursuant to the
Murrah Crime Victims Compensation Act who make claims under the
Oklahoma Crime Victims Compensation Act.
A. Compensation shall not be awarded:
1. Unless the claim has been filed with the Crime Victims
Compensation Board within thirty (30) months after the injury or
death upon which the claim is based. If the victim is under a
mental or cognitive disability or is a child under eighteen (18)
years of age, the Board may use the date the criminal incident was
disclosed to a responsible adult when establishing whether or not
the claim was timely filed. In cases involving sexual assault of an
Oklahoma Statutes - Title 21. Crimes and Punishments Page 142
adult eighteen (18) years of age or older, the Board may use the
date the sexual assault forensic evidence kit was tested when
establishing whether the claim was timely filed. The Board may, at
its discretion, extend the filing period beyond one (1) year upon a
showing of good cause or in all cases of sexual assault;
2. To a claimant who was the offender, or an accomplice of the
offender;
3. To another person if the award would unjustly benefit the
offender or accomplice; or
4. Unless after the criminally injurious conduct resulting in
injury or death:
a. such conduct was reported to a law enforcement officer
within seventy-two (72) hours after its occurrence,
b. in the case of sexual assault, the victim undergoes a
forensic medical examination within one hundred twenty
(120) hours after its occurrence, or
c. the Board finds there was good cause for the failure
to report the crime or obtain a forensic medical
examination within the time specified in subparagraph
a or b of this paragraph.
B. Compensation otherwise payable to a claimant shall be
diminished to the extent:
1. That the economic loss is recouped from collateral sources;
or
2. Of the degree of responsibility for the cause of the injury
or death attributable to the victim as determined by the Board.
Provided, a self-inflicted injury shall not be attributable to the
victim when the Board finds the injury is a direct result of the
crime committed against the victim.
C. The Board, upon finding that the claimant or victim has not
fully cooperated with appropriate law enforcement agencies, may
deny, withdraw or reduce an award of compensation. Victims of
sexual assault who undergo a forensic medical examination within one
hundred twenty (120) hours after the sexual assault shall be found
to have fully cooperated. The Board may extend this period of time
for good cause.
D. The Board, on its own motion or on request of the claimant,
may reconsider a decision granting or denying an award or
determining its amount. The motion or request to reconsider a
decision shall be made within six (6) months from the date of the
last action by the Board on the claim at issue. An order on
reconsideration of an award shall not require a refund of amounts
previously paid unless the award was obtained by fraud. The right
of reconsideration does not affect the finality of a Board decision
for the purpose of judicial review. On claims which are denied by
the Board, reconsideration may only be granted within six (6) months
of the last Board action.
Oklahoma Statutes - Title 21. Crimes and Punishments Page 143
E. The provisions of subsections A and B of this section shall
not apply to claimants eligible for compensation pursuant to the
Murrah Crime Victims Compensation Act who make claims under the
Oklahoma Crime Victims Compensation Act.
Status: in_force · Read it on the official government site
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