Part 1 General Provisions 29-13-101 – 29-13-119
Part 3 Trust Fund for Awards to Minors 29-13-301 – 29-13-309
Part 4 Victims’ Compensation From the Proceeds of Crime 29-13-401 – 29-13-411

Terms Used In Tennessee Code > Title 29 > Chapter 13 - Criminal Injuries Compensation

  • Acquiring entity: means the person who gains ownership or control of a public benefit hospital entity as a result of a public benefit hospital conveyance transaction. See Tennessee Code 48-68-202
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appointing authority: means a commissioner, department, officer or agency having power to make appointments to, and separations from, positions in state service. See Tennessee Code 8-30-103
  • Appraisal: A determination of property value.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney general and reporter: means the Tennessee attorney general and reporter. See Tennessee Code 29-13-402
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bequest: Property gifted by will.
  • Board: means a G&T cooperative's board of directors or the necessary number of the board of directors to take action. See Tennessee Code 48-69-103
  • board of directors: means the governing board of a corporation, whether denominated the board of directors or otherwise, except that no person or group of persons is the board of directors because of powers delegated to that person or group pursuant to §. See Tennessee Code 48-51-201
  • Business: includes every trade, occupation, profession, investment activity and other lawful purpose for gain or the preservation of assets whether or not carried on for profits. See Tennessee Code 48-202-101
  • Bylaws: means the code or codes of rules (other than the charter) adopted pursuant to Chapters 51 68 of this title for the regulation or management of the affairs of the corporation irrespective of the name or names by which such rules are designated. See Tennessee Code 48-51-201
  • Chambers: A judge's office.
  • Charitable purpose: means a purpose that:

    1. Would make a corporation operated exclusively for that purpose eligible to be exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. See Tennessee Code 48-51-201
    2. Charter: includes amended and restated charters and articles of merger. See Tennessee Code 48-11-201
    3. 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. See Tennessee Code 29-13-102
    4. 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. See Tennessee Code 29-13-102
    5. Class: when used with reference to membership interests, means a category of membership interests that differs in one (1) or more rights or preferences from another category of membership interests of the LLC. See Tennessee Code 48-202-101
    6. Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
    7. Commission: means the Tennessee claims commission created pursuant to §. See Tennessee Code 29-13-102
    8. Commission: means the Tennessee claims commission created pursuant to §. See Tennessee Code 29-13-301
    9. Commissioner: refers to the commissioner of human resources appointed under §. See Tennessee Code 8-30-103
    10. Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
    11. Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
    12. Confirmation of good standing: means confirmation by the commissioner of revenue issued through electronic communication to the secretary of state or a certificate of tax clearance that at the time such confirmation is issued an LLC or a foreign LLC is current on all taxes and penalties to the satisfaction of the commissioner. See Tennessee Code 48-202-101
    13. Contract: A legal written agreement that becomes binding when signed.
    14. Conviction: A judgement of guilt against a criminal defendant.
    15. Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
    16. Court: includes every court and judge having jurisdiction in the case. See Tennessee Code 48-202-101
    17. 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 §. See Tennessee Code 29-13-102
    18. 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. See Tennessee Code 29-13-402
    19. Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
    20. Decedent: A deceased person.
    21. Deed: The legal instrument used to transfer title in real property from one person to another.
    22. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
    23. Defendant: means a person who:

      1. Is convicted of a crime in this state. See Tennessee Code 29-13-402
      2. delivery: means any method of delivery used in conventional commercial practice, including delivery by hand, mail, commercial delivery, and, if authorized in accordance with §. See Tennessee Code 48-11-201
      3. Department: refers to the department of human resources pursuant to §. See Tennessee Code 8-30-103
      4. Dependent: A person dependent for support upon another.
      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. See Tennessee Code 29-13-102
      6. Devise: To gift property by will.
      7. Directors: means natural persons, designated in the charter or bylaws or elected or appointed by the incorporators, and their successors and natural persons elected or appointed to act as members of the board, irrespective of the names or titles by which such persons are described. See Tennessee Code 48-51-201
      8. Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
      9. Dissolution: means that the LLC has incurred an event under §. See Tennessee Code 48-202-101
      10. Distribution: means a direct or indirect transfer of money or other property (except its own membership interests) with or without consideration, or an incurrence or issuance of indebtedness, (whether directly or indirectly, including through a guaranty) by an LLC to or for the benefit of any of its members in respect of membership interests. See Tennessee Code 48-202-101
      11. Distribution cooperative: means an electric cooperative that has been heretofore incorporated under the former Electric Cooperative Law, formerly compiled in title 65, chapter 25, part 1, or that has been or hereafter is incorporated under the Rural Electric and Community Services Cooperative Act, compiled in title 65, chapter 25, or that has been or is created as an electric cooperative, electric power association or other similar nonprofit organization or association under the laws of another state, and that is also engaged, in whole or in part, in the distribution of electrical power at retail to its members as the ultimate end-users of such electrical power and energy. See Tennessee Code 48-69-103
      12. Division: means the division of claims and risk management created pursuant to §. See Tennessee Code 29-13-102
      13. Division: means the division of claims and risk management created pursuant to §. See Tennessee Code 29-13-301
      14. Document: means :

        1. Any tangible medium on which information is inscribed, and includes any writing or written instrument. See Tennessee Code 48-11-201
        2. domestic business corporation: means a corporation for profit, which is not a foreign corporation, incorporated under or subject to Chapters 11 27 of this title. See Tennessee Code 48-11-201
        3. domestic corporation: means a corporation for profit, which is not a foreign corporation, incorporated under or subject to the Tennessee Business Corporation Act, compiled in Chapters 11 27 of this title, as amended. See Tennessee Code 48-202-101
        4. domestic nonprofit corporation: means a corporation incorporated under the laws of this state and subject to the Tennessee Nonprofit Corporation Act, compiled in Chapters 51 68 of this title. See Tennessee Code 48-11-201
        5. Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Tennessee Code 48-11-201
        6. Employee: includes an officer but not a director. See Tennessee Code 48-11-201
        7. Energy acquisition corporation: means an entity created and operating pursuant to the authority established in the Energy Acquisitions Corporation Act, compiled in title 7, chapter 39. See Tennessee Code 48-69-103
        8. Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
        9. Entity: includes the following, whether foreign or domestic: LLCs. See Tennessee Code 48-202-101
        10. Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
        11. Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
        12. Escrow: Money given to a third party to be held for payment until certain conditions are met.
        13. Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
        14. Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
        15. Family: when used with reference to a person, includes:

          1. Any person related to such person within the third degree of consanguinity or affinity. See Tennessee Code 29-13-102
          2. Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
          3. Fiduciary: A trustee, executor, or administrator.
          4. Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
          5. Foreign corporation: means a corporation for profit incorporated under a law other than the laws of this state. See Tennessee Code 48-202-101
          6. Foreign nonprofit corporation: means a corporation incorporated under a law other than the law of this state, which would be a nonprofit corporation if incorporated under the laws of this state. See Tennessee Code 48-11-201
          7. Fraud: Intentional deception resulting in injury to another.
          8. Funeral and burial expenses: includes , but is not limited to, the cost of preparing the body for burial or other disposition, the funeral service, any funeral merchandise, flowers, honoraria, acknowledgment cards, postage, transporting the body to the place of burial or disposition, the burial space, crypt, mausoleum or other final resting place, the opening and closing thereof and any marker. See Tennessee Code 1-3-105
          9. Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
          10. Governing body: means the board of governors in the case of a board-managed LLC, the members in the case of a member-managed LLC, and the board of directors in the case of a corporation. See Tennessee Code 48-202-101
          11. Governmental electric system: means a state, municipal, county or other political subdivision or local governmental entity of this state or of any other state that is engaged, in whole or in part, in the distribution of electrical power at retail to its customers as the ultimate end-users of the electrical power and energy, and "governmental electric system" may, at the election of the G&T cooperative for purposes of membership in the G&T cooperative, include the Tennessee Valley authority, all as provided in the bylaws of the G&T cooperative. See Tennessee Code 48-69-103
          12. 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.
          13. Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
          14. Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
          15. Individual: includes the estate of an incompetent or deceased individual. See Tennessee Code 48-11-201
          16. Interest: means either or both of the following rights under the organic law of an unincorporated entity:

            1. The right to receive distributions from the entity either in the ordinary course or upon liquidation. See Tennessee Code 48-61-101
            2. Interest: means either or both of the following rights under the organic law of an unincorporated entity:

              1. The right to receive distributions from the entity either in the ordinary course or upon liquidation. See Tennessee Code 48-11-201
              2. Interest holder: means a person who holds of record an interest. See Tennessee Code 48-61-101
              3. Intestate: Dying without leaving a will.
              4. 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.
              5. Juvenile court: means the court having juvenile court jurisdiction in the county where the minor resides. See Tennessee Code 29-13-301
              6. Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
              7. Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
              8. Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
              9. Lease-sale: means an agreement whereby the possession and use of assets and properties would be transferred to a lessee-purchaser for a stated or determinable period in time, during or at the end of which the lessee-purchaser would have the right and be obligated, or would have the option, to purchase and acquire, or would without further act acquire fee simple title to the assets and properties for a price expressly stated in the agreement or for a price determinable by a formula contained in the agreement, whether or not any portion of any lease-hold or rental payments would be creditable as a part of the price. See Tennessee Code 48-69-103
              10. Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
              11. Lien: A claim against real or personal property in satisfaction of a debt.
              12. List: means a list of eligibles, including, but not limited to, a promotion list. See Tennessee Code 8-30-103
              13. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
              14. Member: means a distribution cooperative or governmental electric system, as applicable, having the right through its duly appointed agent or representative to vote for the directors of a G&T cooperative and upon other matters as provided in this chapter and as provided in a G&T cooperative's charter or bylaws, and includes each incorporator of a G&T cooperative. See Tennessee Code 48-69-103
              15. Member: means a person reflected in the required records of an LLC as the owner of some governance rights of a membership interest of the LLC. See Tennessee Code 48-202-101
              16. Membership: means the rights of a member in a domestic or foreign nonprofit corporation and includes the rights and obligations a member has pursuant to a corporation's charter, bylaws and Chapters 51 68 of this title. See Tennessee Code 48-61-101
              17. Membership: means the rights and obligations a member has pursuant to a corporation's charter, bylaws and Chapters 51 68 of this title. See Tennessee Code 48-51-201
              18. Membership interest: means a member's interest in an LLC consisting of a member's financial rights, a member's right to assign financial rights as provided in §. See Tennessee Code 48-202-101
              19. Minor: means any person who has not attained the age of eighteen (18) years. See Tennessee Code 29-13-102
              20. Minor: means any person who has not attained eighteen (18) years of age and who has not been otherwise emancipated. See Tennessee Code 29-13-301
              21. Month: means the time from any day of any month to the corresponding day of the succeeding month, if any, and if none, the last day of the succeeding month. See Tennessee Code 48-11-201
              22. Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
              23. Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
              24. Mutual benefit corporation: means a domestic corporation which becomes by operation of law a mutual benefit corporation pursuant to §. See Tennessee Code 48-51-201
              25. Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
              26. Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
              27. Offender: means a person who has or is alleged to have committed a crime. See Tennessee Code 29-13-102
              28. Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
              29. Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
              30. Patron: means a person agreeing to receive or already receiving, or who in the past has received, one (1) or more of the services rendered by a G&T cooperative, whether the person is a member or not. See Tennessee Code 48-69-103
              31. Person: includes any natural person, firm, association, corporation, cooperative, membership corporation, distribution cooperative, electric power association, business trust, partnership and federal, state or local governments, or departments, agencies or any other political subdivision thereof, including, without limitation, an energy acquisition corporation. See Tennessee Code 48-69-103
              32. Person: means any individual, partnership, trust, estate, corporation, association, joint venture, joint stock company or other organization. See Tennessee Code 48-68-202
              33. Person: includes individual and entity. See Tennessee Code 48-202-101
              34. Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
              35. Personal property: All property that is not real property.
              36. Personal property: includes money, goods, chattels, things in action, and evidences of debt. See Tennessee Code 1-3-105
              37. Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
              38. Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
              39. Principal executive office: means an office, in or out of this state, where the principal office of the chief manager of the LLC or foreign LLC is located. See Tennessee Code 48-202-101
              40. Principal office: means the office (in or out of this state) so designated in the annual report where the principal executive offices of a domestic or foreign corporation are located. See Tennessee Code 48-11-201
              41. Probate: Proving a will
              42. Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
              43. Proceeding: includes civil suit and criminal, administrative, and investigatory action. See Tennessee Code 48-202-101
              44. Property: includes both personal and real property. See Tennessee Code 1-3-105
              45. Public benefit corporation: means a domestic corporation which becomes by operation of law a public benefit corporation pursuant to §. See Tennessee Code 48-51-201
              46. Public benefit hospital conveyance transaction: includes any transaction described in subdivision (3)(A)(i) or (3)(A)(ii) that is entered into by the public benefit hospital entity or by any entity that controls, is controlled by or is under common control with such public benefit hospital entity. See Tennessee Code 48-68-202
              47. Public benefit hospital entity: means any public benefit corporation, as defined in chapter 51, part 2 of this title, or any governmental entity that is licensed as a hospital under title 68, chapter 11, part 2, or considered a hospital under title 33, chapter 1, including entities affiliated with any of these through ownership, governance, or membership, such as a holding company or subsidiary. See Tennessee Code 48-68-202
              48. Quorum: The number of legislators that must be present to do business.
              49. Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
              50. Registered office: means the place in this state designated in the articles as the registered office of the LLC. See Tennessee Code 48-202-101
              51. Relative: means a spouse, parent, grandparent, stepparent, child, grandchild, brother, sister, half brother, half sister and a spouse's parents or stepparents. See Tennessee Code 29-13-102
              52. Religious corporation: means a public benefit or mutual benefit corporation organized and operating primarily or exclusively for religious purposes. See Tennessee Code 48-51-201
              53. Remand: When an appellate court sends a case back to a lower court for further proceedings.
              54. Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
              55. Representative: means a governor, manager, employee or other agent of a foreign LLC. See Tennessee Code 48-202-101
              56. Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
              57. Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
              58. Secretary: means the corporate officer to whom the bylaws or the board of directors has delegated responsibility under §. See Tennessee Code 48-11-201
              59. Secretary of state: means the person who holds the office of secretary of state of Tennessee. See Tennessee Code 48-202-101
              60. Service: means service as a general employee, a teacher, a state police officer, a wildlife officer, a firefighter, a police officer, a state judge, a county judge, an attorney general, a commissioner or a county official which is paid for by an employer, and also includes service for which a former member of the general assembly is entitled to under former §. See Tennessee Code 8-34-101
              61. Service of process: The service of writs or summonses to the appropriate party.
              62. Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
              63. Share: means the unit into which the proprietary interests in a corporation are divided. See Tennessee Code 48-11-201
              64. signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
              65. State: means the state of Tennessee. See Tennessee Code 8-34-101
              66. State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
              67. State agency: means an authority, board, branch, commission, committee, department, division, or other instrumentality in state service that is subject to this chapter. See Tennessee Code 8-30-103
              68. Statute: A law passed by a legislature.
              69. Subpoena: A command to a witness to appear and give testimony.
              70. Subscription: includes a mark, the name being written near the mark and witnessed. See Tennessee Code 1-3-105
              71. Subsidiary: means a corporation more than fifty percent (50%) of whose outstanding voting shares are owned by its parent and/or the parent's other wholly-owned subsidiaries. See Tennessee Code 48-11-201
              72. Tax clearance for termination or withdrawal: means confirmation by the commissioner of revenue issued through electronic communication to the secretary of state or a certificate of tax clearance that an LLC or a foreign LLC has filed all applicable reports, including, but not limited to, a final report, and has paid all fees, penalties and taxes as required by the revenue laws of this state. See Tennessee Code 48-202-101
              73. Termination: means the end of an LLC's existence as a legal entity and occurs when the articles of termination are filed with the secretary of state under §. See Tennessee Code 48-202-101
              74. Testify: Answer questions in court.
              75. Testimony: Evidence presented orally by witnesses during trials or before grand juries.
              76. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
              77. Unincorporated entity: means an organization or artificial legal person that either has a separate legal existence or has the power to acquire an estate in real property in its own name and that is not any of the following: a domestic or foreign business or nonprofit corporation, an estate, a trust, a state, the United States, or a foreign government. See Tennessee Code 48-11-201
              78. United States: includes district, authority, bureau, commission, department, and any other agency of the United States. See Tennessee Code 48-11-201
              79. United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
              80. Venue: The geographical location in which a case is tried.
              81. 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 §. See Tennessee Code 29-13-102
              82. Victim: means :

                1. A person, not an accomplice of the defendant, who suffers a specific physical, mental, or pecuniary injury as a direct result of a crime. See Tennessee Code 29-13-402
                2. Voting power: means the total number of votes entitled to be cast for the election of directors at the time the determination of voting power is made, excluding a vote which is contingent upon the happening of a condition or event that has not occurred at the time. See Tennessee Code 48-51-201
                3. written: means any information in the form of a document. See Tennessee Code 48-11-201
                4. written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
                5. Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105