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A BILL TO BE ENTITLED
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AN ACT
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relating to reimbursing a commissioners court and certain |
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individuals for the reasonable costs of transporting a body for the |
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purpose of an autopsy. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 49.10, Code of Criminal Procedure, is |
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amended by adding Subsections (h-1) and (h-2) to read as follows: |
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(h-1) A commissioners court that pays a fee to transport a |
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body to or from a place where an autopsy can be performed under this |
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article may seek reimbursement for the reasonable costs of the |
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transportation as provided by this subsection. On application to |
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the attorney representing the state or the head of a law enforcement |
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agency, a commissioners court may be reimbursed from civil asset |
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forfeiture proceeds as provided by Article 59.06(v), regardless of |
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the circumstances of the death. |
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(h-2) On application to the attorney general and in |
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accordance with Chapter 56B, an individual who pays a fee to |
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transport a body from a place where an autopsy can be performed |
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under this article, including a family member of the deceased |
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victim, may be reimbursed from the compensation to victims of crime |
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fund for the reasonable costs of the transportation if the |
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physician performing the autopsy determines the death was caused by |
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unlawful means. |
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SECTION 2. Article 56B.003(10), Code of Criminal Procedure, |
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is amended to read as follows: |
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(10) "Pecuniary loss" means the amount of the expense |
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reasonably and necessarily incurred as a result of personal injury |
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or death for: |
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(A) medical, hospital, nursing, or psychiatric |
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care or counseling, or physical therapy; |
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(B) actual loss of past earnings and anticipated |
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loss of future earnings and necessary travel expenses because of: |
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(i) a disability resulting from the |
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personal injury; |
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(ii) the receipt of medically indicated |
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services related to the disability; or |
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(iii) participation in or attendance at |
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investigative, prosecutorial, or judicial processes or any |
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postconviction or postadjudication proceeding relating to |
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criminally injurious conduct; |
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(C) care of a child or dependent, including |
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specialized care for a child who is a victim; |
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(D) funeral and burial expenses, including: |
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(i) [,] for an immediate family member or a |
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household member of a deceased [the] victim, the necessary expenses |
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of traveling to and attending the funeral; and |
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(ii) the reasonable costs of transportation |
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of the body from a place where an autopsy can be performed if the |
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physician performing the autopsy determines the death was caused by |
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unlawful means; |
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(E) loss of support to a dependent, consistent |
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with Article 56B.057(b)(5); |
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(F) reasonable and necessary costs of cleaning |
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the crime scene; |
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(G) reasonable replacement costs for clothing, |
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bedding, or property of the victim seized as evidence or rendered |
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unusable as a result of the criminal investigation; |
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(H) reasonable and necessary costs for |
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relocation and housing rental assistance payments as provided by |
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Article 56B.106(c); |
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(I) for an immediate family member or a household |
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member of a deceased victim, bereavement leave of not more than 10 |
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work days; and |
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(J) reasonable and necessary costs of traveling |
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to and from a place of execution to witness the execution, including |
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one night's lodging near the place where the execution is |
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conducted. |
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SECTION 3. Article 59.06, Code of Criminal Procedure, is |
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amended by adding Subsection (v) to read as follows: |
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(v) As a specific exception to Subsection (c) that the funds |
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described by that subsection be used only for the official purposes |
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of the attorney representing the state or for law enforcement |
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purposes, the attorney representing the state or the head of a law |
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enforcement agency, as applicable, may use any portion of the gross |
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amount credited to the attorney's or agency's special fund under |
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Subsection (c) to reimburse a commissioners court for the |
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reasonable costs of transporting a body for the purpose of an |
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autopsy. |
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SECTION 4. This Act takes effect September 1, 2023. |