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AN ACT
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relating to restitution and compensation paid to victims of certain |
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offenses for tattoo removal related to the offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Article 42.0372, Code of Criminal |
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Procedure, is amended to read as follows: |
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Art. 42.0372. MANDATORY RESTITUTION FOR [CHILD] VICTIMS OF |
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TRAFFICKING OF PERSONS OR [COMPELLING] PROSTITUTION RELATED |
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OFFENSES. |
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SECTION 2. Article 42.0372(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) The court shall order a defendant convicted of an |
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offense under Chapter 20A or Subchapter A, Chapter 43 [Section |
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20A.02 or 43.05(a)(2)], Penal Code, to pay restitution in an amount |
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equal to: |
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(1) the cost of necessary rehabilitation, including |
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medical, psychiatric, and psychological care and treatment; and |
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(2) the cost of the removal of a tattoo the victim |
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received as a result of force, fraud, or coercion related to the |
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offense[, for any victim of the offense who is younger than 18 years |
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of age]. |
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SECTION 3. 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, for a |
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family member or household member of the victim, the necessary |
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expenses of traveling to and attending the funeral; |
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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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Articles 56B.106(c) and (c-1); |
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(I) for a family member or household member of a |
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deceased victim, bereavement leave; [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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lodging near the place where the execution is conducted; and |
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(K) tattoo removal as provided by Article |
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56B.106(c-4). |
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SECTION 4. Article 56B.106, Code of Criminal Procedure, is |
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amended by adding Subsection (c-4) to read as follows: |
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(c-4) A victim of trafficking of persons may receive |
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compensation in an amount not to exceed $3,000 for the removal of a |
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tattoo the victim received as a result of force, fraud, or coercion |
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related to the applicable offense. |
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SECTION 5. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 6. This Act takes effect September 1, 2025. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1804 passed the Senate on |
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April 16, 2025, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1804 passed the House on |
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May 21, 2025, by the following vote: Yeas 135, Nays 9, three |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |