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COMMITTEE VOTE |
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YeaNayAbsentPNV |
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WhitmireX |
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FloresX |
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BettencourtX |
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HinojosaX |
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HuffmanX |
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KingX |
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MilesX |
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A BILL TO BE ENTITLED
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AN ACT
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relating to crime victims' compensation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 56B.003(14), Code of Criminal Procedure, |
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is amended to read as follows: |
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(14) "Victim" means: |
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(A) an individual who: |
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(i) suffers personal injury or death as a |
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result of criminally injurious conduct or as a result of actions |
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taken by the individual as an intervenor, if the conduct or actions |
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occurred in this state; and |
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(ii) is a resident of this state or another |
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state of the United States; |
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(B) an individual who: |
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(i) suffers personal injury or death as a |
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result of criminally injurious conduct or as a result of actions |
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taken by the individual as an intervenor, if the conduct or actions |
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occurred in a state or country that does not have a crime victims' |
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compensation program that meets the requirements of Section |
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1403(b), Victims of Crime Act of 1984 (34 U.S.C. Section 20102(b)); |
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(ii) is a resident of this state; and |
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(iii) would be entitled to compensation |
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under this chapter if the criminally injurious conduct or actions |
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had occurred in this state; [or] |
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(C) an individual who: |
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(i) suffers personal injury or death as a |
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result of criminally injurious conduct caused by an act of |
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international terrorism as defined by 18 U.S.C. Section 2331 |
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committed outside of the United States; and |
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(ii) is a resident of this state; or |
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(D) an individual who: |
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(i) is a child enrolled in a public or |
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private primary or secondary school where criminally injurious |
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conduct for which the governor issued a disaster declaration under |
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Section 418.014, Government Code, has occurred, but who was not |
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present at the time of the conduct; and |
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(ii) is a resident of this state. |
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SECTION 2. Articles 56B.102(a) and (c), Code of Criminal |
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Procedure, are amended to read as follows: |
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(a) The [Before acting on an application for compensation |
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under this chapter, the] attorney general by rule may establish a |
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process to make an emergency award if it appears likely that[: |
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[(1) a final award will be made; and |
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[(2)] the claimant or victim will suffer undue |
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hardship if immediate economic relief is not obtained. |
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(c) The rules may provide that the amount of an emergency |
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award [must] be: |
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(1) deducted from the final award; or |
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(2) repaid by and recoverable from the claimant or |
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victim to the extent the emergency award exceeds the final award. |
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SECTION 3. Subchapter C, Chapter 56B, Code of Criminal |
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Procedure, is amended by adding Article 56B.1035 to read as |
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follows: |
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Art. 56B.1035. COMPENSATION FOR PECUNIARY LOSS LIMITED IN |
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CERTAIN CIRCUMSTANCES. Notwithstanding any other law, |
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compensation for pecuniary loss with respect to a victim described |
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by Article 56B.003(14)(D) is limited to: |
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(1) psychiatric care or counseling for the victim; and |
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(2) for an immediate family member or household member |
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of the victim, the necessary expenses of traveling to and attending |
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the funeral of another victim of the criminally injurious conduct. |
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SECTION 4. Section 552.132(c), Government Code, is amended |
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to read as follows: |
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(c) If the crime victim or claimant is awarded compensation |
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under Article 56B.103 or 56B.104, Code of Criminal Procedure, as of |
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the date of the award of compensation, [the name of the crime victim |
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or claimant and] the amount of compensation awarded to that crime |
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victim or claimant is [are] public information and is [are] not |
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excepted from the requirements of Section 552.021. |
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SECTION 5. Article 56B.102(b), Code of Criminal Procedure, |
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is repealed. |
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SECTION 6. Chapter 56B, Code of Criminal Procedure, as |
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amended by this Act, applies only to compensation for criminally |
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injurious conduct occurring on or after the effective date of this |
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Act. Compensation for criminally injurious conduct occurring |
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before the effective date of this Act is governed by the law in |
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effect on the date the conduct occurred, and the former law is |
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continued in effect for that purpose. For purposes of this section, |
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criminally injurious conduct occurred before the effective date of |
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this Act if any element of the offense underlying the conduct |
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occurred before that date. |
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SECTION 7. This Act takes effect September 1, 2023. |
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* * * * * |