54-23.4-10. Award and payment of compensation

54-23.4-10. Award and payment of compensation

1. An award may be made whether or not any person is prosecuted or convicted. Proof

of conviction of a person whose acts give rise to a claim is conclusive evidence that

the crime was committed, unless an application for rehearing, an appeal of the

conviction, or certiorari is pending, or a rehearing or new trial has been ordered.

2. The division may suspend the proceedings pending disposition of a criminal

prosecution that has been commenced or is imminent, but may make a tentative

award under section 54-23.4-14.

3. A claim for crime victims compensation benefits is presumed closed if the division has

not paid any benefit or received a demand for payment of benefits for a period of five

years from the date a payment was last made on a claim. A claim that is presumed

closed may not be reopened for payment of any further benefits unless the

presumption is rebutted by a preponderance of the evidence that the criminally

injurious conduct is the principal cause of the current symptoms.

4. A claim for crime victims compensation benefits must be closed ten years after

benefits have last been paid and may not be reopened.

5. This section applies to all claims for crime victims compensation benefits, irrespective

of the date of the criminally injurious conduct.