The commission or a commissioner thereof, may approve an award of compensation whether
or not any person is convicted for committing the conduct that is the basis of the
award. The filing of a criminal charge shall be a prerequisite for receipt of compensation
unless it is determined that no charges were filed due to the identity of the perpetrator
being unknown: Provided, That no criminal charges need be filed if: (1) The claimant is an adult at the time
the conduct giving rise to the claim occurred and no criminal charges were filed for
reasons other than the desire of the claimant and a law-enforcement agency confirms
that the available evidence supports a finding that a crime occurred; or (2) the
claimant was a juvenile at the time the conduct giving rise to the claim occurred. Proof of conviction of a person whose conduct gave 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.
The commission or a commissioner thereof, shall suspend, upon a request of the claim
investigator, the proceedings in any claim for an award of compensation pending disposition
of a criminal prosecution that has been commenced or is imminent.
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