Kentucky Statutes 49.330 – Application for award — Filing of claim form — Effect of pending criminal prosecution on proceedings of Crime Victims Compensation Board
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(1) A claim form may be filed by a person eligible to receive an award, as provided in
KRS § 49.310 or, if such person is a minor, by his parent or guardian.
(2) A claim form must be filed by the claimant not later than five (5) years after the occurrence of the criminally injurious conduct upon which such claim is based, or not later than five (5) years after the death of the victim; provided, however, that upon good cause shown, the Crime Victims Compensation Board may extend the time for filing if, in a particular case, the interest of justice so requires.
(3) Claims shall be filed with the board in accordance with the administrative regulations promulgated by the board. Only printed claim forms supplied by the board shall be accepted. The board shall accept for filing all claims submitted by persons eligible under subsection (1) of this section and alleging the jurisdiction requirements set forth in KRS § 49.270 to KRS § 49.490 and meeting the requirements as to form in the rules and regulations of the board.
(4) Upon filing of a claim pursuant to KRS § 49.270 to KRS § 49.490, the board shall promptly notify the United States attorney (if a federal offense is involved), the Commonwealth’s attorney or county attorney of the county wherein the crime is alleged to have occurred. If, within ten (10) days after such notification, such United States attorney, Commonwealth’s attorney, or county attorney advises the board that a criminal prosecution is pending upon the same alleged crime and requests that action by the board be deferred, the board shall defer all proceedings under KRS
49.270 to 49.490 until such time as such criminal prosecution has been concluded, and shall so notify such United States attorney, Commonwealth’s or county attorney, and the claimant. When such criminal prosecution has been concluded, such United States attorney, Commonwealth’s or county attorney shall promptly so notify the board. Nothing in this section shall limit the authority of the board to grant emergency awards pursuant to KRS § 49.360.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 185, sec. 40, effective June 29, 2021. — Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 33, effective June 29, 2017. — Amended 1998 Ky. Acts ch. 606, sec. 37, effective July
15, 1998. — Amended 1990 Ky. Acts ch. 409, sec. 4, effective July 13, 1990. — Amended 1986 Ky. Acts ch. 299, sec. 4, effective July 15, 1986. — Amended 1980
Ky. Acts ch. 172, sec. 2, effective June 15, 1980. — Amended 1978 Ky. Acts ch. 297, sec. 2, effective June 17, 1978. — Created 1976 Ky. Acts ch. 263, sec. 6.
Formerly codified as KRS § 346.060.
KRS § 49.310 or, if such person is a minor, by his parent or guardian.
Terms Used In Kentucky Statutes 49.330
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(2) A claim form must be filed by the claimant not later than five (5) years after the occurrence of the criminally injurious conduct upon which such claim is based, or not later than five (5) years after the death of the victim; provided, however, that upon good cause shown, the Crime Victims Compensation Board may extend the time for filing if, in a particular case, the interest of justice so requires.
(3) Claims shall be filed with the board in accordance with the administrative regulations promulgated by the board. Only printed claim forms supplied by the board shall be accepted. The board shall accept for filing all claims submitted by persons eligible under subsection (1) of this section and alleging the jurisdiction requirements set forth in KRS § 49.270 to KRS § 49.490 and meeting the requirements as to form in the rules and regulations of the board.
(4) Upon filing of a claim pursuant to KRS § 49.270 to KRS § 49.490, the board shall promptly notify the United States attorney (if a federal offense is involved), the Commonwealth’s attorney or county attorney of the county wherein the crime is alleged to have occurred. If, within ten (10) days after such notification, such United States attorney, Commonwealth’s attorney, or county attorney advises the board that a criminal prosecution is pending upon the same alleged crime and requests that action by the board be deferred, the board shall defer all proceedings under KRS
49.270 to 49.490 until such time as such criminal prosecution has been concluded, and shall so notify such United States attorney, Commonwealth’s or county attorney, and the claimant. When such criminal prosecution has been concluded, such United States attorney, Commonwealth’s or county attorney shall promptly so notify the board. Nothing in this section shall limit the authority of the board to grant emergency awards pursuant to KRS § 49.360.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 185, sec. 40, effective June 29, 2021. — Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 33, effective June 29, 2017. — Amended 1998 Ky. Acts ch. 606, sec. 37, effective July
15, 1998. — Amended 1990 Ky. Acts ch. 409, sec. 4, effective July 13, 1990. — Amended 1986 Ky. Acts ch. 299, sec. 4, effective July 15, 1986. — Amended 1980
Ky. Acts ch. 172, sec. 2, effective June 15, 1980. — Amended 1978 Ky. Acts ch. 297, sec. 2, effective June 17, 1978. — Created 1976 Ky. Acts ch. 263, sec. 6.
Formerly codified as KRS § 346.060.