TITLE 17 CRIMINAL PROCEDURE

Section 15. Victim Compensation, 17-15-1 through 17-15-16.

ARTICLE 2 DISTRIBUTION OF PROFITS OF CRIMES

17-15-5. Filing of claims; verification; contents.

1. A claim may be filed by a person eligible to receive an award, as provided in Code Section 17-15-7, or, if such person is a minor, by his or her parent or guardian. In any case in which the person entitled to make a claim is mentally incompetent, the claim may be filed on his or her behalf by his or her guardian. In any case in which the person entitled to make a claim is deceased, the claim may be filed on his or her behalf by an individual authorized to administer his or her estate.
2. 1. A claim shall be filed by a victim not later than three years after the occurrence of the crime upon which such claim is based or not later than three years after the death of the victim; provided, however, that if such victim was a minor at the time of the commission of the crime, he or she shall have until three years after his or her eighteenth birthday to file such claim; and provided, further, that upon good cause shown, the board may extend the time for filing a claim.
   2. Claims shall be filed in the office of the board in person or by mail.
3. The claim shall be verified and shall contain the following:
   1. A description of the date, nature, and circumstances of the crime;
   2. A complete financial statement, including, but not limited to, the cost of medical care or burial expense, the loss of wages or support the claimant has incurred or will incur, any other emergency expenses incurred by the claimant, and the extent to which the claimant has been or may be indemnified for these expenses from any source;
   3. When appropriate, a statement indicating the extent of a victim's disability resulting from the injury or serious mental or emotional trauma incurred;
   4. An authorization permitting the board to verify the contents of the application; and
   5. Such other information as the board may require.

(Code 1981, §17-15-5, enacted by Ga. L. 1988, p. 591, § 1; Ga. L. 1997, p. 481, § 2; Ga. L. 2005, p. 88, § 6/HB 172; Ga. L. 2009, p. 195, § 3/SB 172; Ga. L. 2014, p. 354, § 1/SB 187.)

The 2014 amendment, effective July 1, 2014, in subsection (a), inserted "or her" in the first sentence and substituted the present provisions of the second sentence for the former provisions, which read: "In any case in which the person entitled to make a claim is mentally incompetent, the claim may be filed on his behalf by his guardian or such other individual authorized to administer his estate."; substituted the present provisions of subsection (b) for the former provisions, which read: "A claim must be filed by the claimant not later than one year after the occurrence of the crime upon which such claim is based or not later than one year after the death of the victim; provided, however, that, upon good cause shown, the board may extend that time for filing for a period not exceeding three years after such occurrence. Claims shall be filed in the office of the board in person or by mail."; substituted "claimant" for "victim" in three places in paragraph (c)(2); and substituted "a victim's disability" for "any disability" in paragraph (c)(3).