By Black, et al. H.B. No. 2178
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to compensation of victims of certain crimes.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 56.54, Code of Criminal Procedure, as
1-5 added by S.B. 248, Acts of the 73rd Legislature, Regular Session,
1-6 1993, is amended by adding Subsections (f) and (g) to read as
1-7 follows:
1-8 (f) The office of the attorney general is authorized to
1-9 accept gifts, grants, and donations to be credited to the
1-10 compensation to victims of crime fund and compensation to victims
1-11 of crime auxiliary fund and shall file annually with the governor
1-12 and the presiding officer of each house of the legislature a
1-13 complete and detailed written report accounting for all gifts,
1-14 grants, and donations received and disbursed, used, or maintained
1-15 by the office for the attorney general that are credited to these
1-16 funds.
1-17 (g) Money in the compensation to victims of crime fund or in
1-18 the compensation to victims of crime auxiliary fund may be used
1-19 only as provided by this subchapter and is not available for any
1-20 other purpose.
1-21 SECTION 2. Section 56.57, Code of Criminal Procedure, as
1-22 added by S.B. 248, Acts of the 73rd Legislature, Regular Session,
1-23 1993, is amended to read as follows:
2-1 Sec. 56.57. DEPOSIT BY COMPTROLLER; AUDIT. (a) The
2-2 comptroller shall deposit the funds received under Section 56.56 of
2-3 this code and all other moneys credited to the fund by any other
2-4 provision of law in the compensation to victims of crime fund.
2-5 (b) Funds collected are subject to audit by the comptroller.
2-6 Funds spent are subject to audit by the state auditor.
2-7 SECTION 3. Section 56.32(3), Code of Criminal Procedure, as
2-8 added by S.B. 248, Acts of the 73rd Legislature, Regular Session,
2-9 1993, is amended to read as follows:
2-10 (3) "Collateral source" means any of the following
2-11 sources of benefits or advantages for pecuniary loss that a victim
2-12 has received or that is readily available to the victim:
2-13 (A) the offender under an order or restitution
2-14 to the claimant imposed by a court as a condition of probation;
2-15 (B) the United States, a federal agency, a state
2-16 or any of its political subdivisions, or an instrumentality of two
2-17 or more states, unless the law providing for the benefits or
2-18 advantages makes them in excess of or secondary to benefits under
2-19 this subchapter;
2-20 (C) social security, Medicare, or Medicaid;
2-21 (D) state-required temporary nonoccupational
2-22 disability insurance;
2-23 (E) workers' compensation;
2-24 (F) an employer's wage continuation program;
2-25 (G) proceeds of an insurance contract payable to
3-1 the victim for loss that the victim sustained because of the
3-2 criminally injurious conduct; <or>
3-3 (H) a contract providing prepaid hospital and
3-4 other health care services or benefits for disability;
3-5 (I) proceeds awarded to the victim as a result
3-6 of third-party litigation; or
3-7 (J) proceeds of a life insurance contract
3-8 payable to the claimant.
3-9 SECTION 4. Section 56.32(8), Code of Criminal Procedure, as
3-10 added by S.B. 248, Acts of the 73rd Legislature, Regular Session,
3-11 1993, is amended to read as follows:
3-12 (8) "Pecuniary loss" means the amount of expense
3-13 reasonably and necessarily incurred:
3-14 (A) as a result of personal injury for:
3-15 (i) medical, hospital, nursing, or
3-16 psychiatric care or counseling, or physical therapy;
3-17 (ii) actual loss of past earnings and
3-18 anticipated loss of future earnings because of a disability
3-19 resulting from the personal injury; and
3-20 (iii) care of a minor child enabling a
3-21 victim or a victim's spouse, but not both of them, to continue
3-22 gainful employment; <and>
3-23 (B) as a result of death for:
3-24 (i) funeral and burial expenses;
3-25 (ii) loss of support to a dependent; and
4-1 (iii) care of a minor child enabling the
4-2 surviving spouse of a victim to engage in lawful employment.
4-3 (C) "Pecuniary loss" does not include health
4-4 care service charges in excess of the fee guidelines established by
4-5 the Texas Workers' Compensation Act (Article 8308-8.21 et seq.,
4-6 Vernon's Texas Civil Statutes). Neither the office of the attorney
4-7 general, victims, nor claimants shall be responsible for health
4-8 care service charges in excess of the fee guidelines unless a
4-9 review of the health care services determines that there is a
4-10 reasonable health care justification for the deviation.
4-11 SECTION 5. Section 56.55(a), Code of Criminal Procedure, as
4-12 added by S.B. 248, Acts of the 73rd Legislature, Regular Session,
4-13 1993, is amended to read as follows:
4-14 (a) A person shall pay:
4-15 (1) $45 <$20> as a court cost on conviction of a
4-16 felony;
4-17 (2) $35 <$15> as a court cost on conviction of a
4-18 violation of a municipal ordinance punishable by a fine of more
4-19 than $200 or on conviction of a misdemeanor punishable by
4-20 imprisonment or by a fine of more than $500; or
4-21 (3) $15 <$5> as a court cost on conviction of a
4-22 violation of a municipal ordinance punishable by a fine of not more
4-23 than $200 or on conviction of a misdemeanor punishable by a fine of
4-24 not more than $500, other than a conviction of a misdemeanor
4-25 offense or a violation of a municipal ordinance relating to
5-1 pedestrians and the parking of motor vehicles.
5-2 SECTION 6. Section 56.47(c), Code of Criminal Procedure, as
5-3 added by S.B. 248, Acts of the 73rd Legislature, Regular Session,
5-4 1993, is amended to read as follows:
5-5 (c) An order on reconsideration may not require refund of
5-6 amounts previously paid unless the award was obtained by fraud or
5-7 mistake.
5-8 SECTION 7. Section 22, Article 42.12, Code of Criminal
5-9 Procedure, is amended by adding Subsections (e) and (f) to read as
5-10 follows:
5-11 (e) If the court grants probation to a person convicted of
5-12 an offense under Section 21.08, 21.11, 22.011, 22.021, 25.02,
5-13 25.06, 43.25, or 43.26, Penal Code, the court shall require as a
5-14 condition of probation that the person pay to the probation officer
5-15 supervising the person a probation fee of $5 each month during the
5-16 period of probation. The fee is in addition to court costs or any
5-17 other fee imposed on the person.
5-18 (f) A probation department shall remit fees collected under
5-19 Subsection (e) of this section to the comptroller. The comptroller
5-20 shall deposit the fee in the special revenue fund to the credit of
5-21 the sexual assault program established under Section 44.0061,
5-22 Health and Safety Code.
5-23 SECTION 8. Section 8, Article 42.18, Code of Criminal
5-24 Procedure, is amended by adding Subsections (o), (p), and (q) to
5-25 read as follows:
6-1 (o) In addition to other conditions of parole and release on
6-2 mandatory supervision imposed under this section, a parole panel
6-3 shall require a prisoner released on parole or mandatory
6-4 supervision to pay an administrative fee of $8 to the pardons and
6-5 paroles division for each month during which the prisoner is under
6-6 parole supervision. The fee applies to a prisoner released in
6-7 another state who is required as a term of his release to report to
6-8 a parole officer or supervisor in this state for parole
6-9 supervision. On the request of the prisoner, a parole panel may
6-10 allow the prisoner to defer payments under this subsection. The
6-11 prisoner remains responsible for payment of the fee and must make
6-12 the deferred payment not later than two years after the date on
6-13 which the payment becomes due. The board of the Texas Department
6-14 of Criminal Justice shall establish rules relating to the method of
6-15 payment required of the person on parole or mandatory supervision.
6-16 Fees collected under this subsection by the pardons and paroles
6-17 division shall be remitted to the comptroller of public accounts,
6-18 who shall deposit the fees in the compensation to victims of crime
6-19 fund of the state treasury. In a parole or mandatory supervision
6-20 revocation hearing under Section 14 of this article at which it is
6-21 alleged only that the person failed to make a payment under this
6-22 subsection, the inability of the person to pay as ordered by a
6-23 parole panel is an affirmative defense to revocation, which the
6-24 person must prove by a preponderance of the evidence.
6-25 (p) In addition to other conditions and fees imposed by a
7-1 parole panel under this article, the parole panel shall require as
7-2 a condition of parole or release to mandatory supervision that a
7-3 prisoner convicted of an offense under Section 21.08, 21.11,
7-4 22.011, 22.021, 25.02, 25.06, 43.25, or 43.26, Penal Code, pay to
7-5 the pardons and paroles division a parole supervision fee of $5
7-6 each month during the period of parole supervision.
7-7 (q) The pardons and paroles division shall remit fees
7-8 collected under Subsection (p) of this section to the comptroller.
7-9 The comptroller shall deposit the fees in the general revenue fund
7-10 to the credit of the sexual assault program fund established by
7-11 Section 44.0061, Health and Safety Code.
7-12 SECTION 9. Section 56.43(a), Code of Criminal Procedure, as
7-13 added by S.B. 248, Acts of the 73rd Legislature, Regular Session,
7-14 1993, is amended to read as follows:
7-15 (a) As part of an order, the attorney general shall
7-16 determine and award reasonable attorney's fees, commensurate with
7-17 legal services rendered, to be paid by the state to the attorney
7-18 representing the claimant. Attorney fees shall not exceed 25
7-19 percent of the amount the attorney assisted the victim in
7-20 obtaining. Where there is no dispute of the attorney general's
7-21 determination of the amount of the award due to the claimant and
7-22 where no hearing is held, the attorney fee shall be the lesser of
7-23 either 25 percent of the amount the attorney assisted the claimant
7-24 in obtaining or $300.
7-25 SECTION 10. Section 56.37, Code of Criminal Procedure, as
8-1 added by S.B. 248, Acts of the 73rd Legislature, Regular Session,
8-2 1993, is amended by adding Subsection (e) to read as follows:
8-3 (e) If the victim is a child, the application must be filed
8-4 within one year from the date the claimant is made aware of the
8-5 crime but not after the child is 18 years of age.
8-6 SECTION 11. Section 56.52, Code of Criminal Procedure, as
8-7 added by S.B. 248, Acts of the 73rd Legislature, Regular Session,
8-8 1993, is amended by adding Subsections (c) and (d) to read as
8-9 follows:
8-10 (c) A claimant shall not settle or resolve any such action
8-11 without written authorization to do so from the attorney general.
8-12 No third party or agents, insurers, or attorneys for third parties
8-13 shall participate in the settlement or resolution of such an action
8-14 if they actually know, or should know, that the claimant has
8-15 received moneys from the fund and is subject to the subrogation
8-16 provisions of this section. Any attempt by such third party, or
8-17 agents, insurers, or attorneys of third parties to settle an action
8-18 is void and shall result in no release from liability to the fund
8-19 for any rights subrogated pursuant to this section. All such
8-20 agents, insurers, and attorneys are personally liable to the fund
8-21 for any moneys paid to a claimant in violation of this subsection,
8-22 up to the full amount of the fund's right to reimbursement. A
8-23 claimant, third party, or any agents, attorneys, or insurers of
8-24 third parties who knowingly or intentionally fail to comply with
8-25 the requirements of this chapter commits a Class B misdemeanor.
9-1 (d) A person adjudged guilty of a Class B misdemeanor shall
9-2 be punished by:
9-3 (1) a fine not to exceed $500;
9-4 (2) confinement in jail for a term not to exceed 180
9-5 days; or
9-6 (3) both such fine and imprisonment.
9-7 SECTION 12. Subchapter A, Chapter 44, Health and Safety
9-8 Code, is amended by adding Section 44.0061 to read as follows:
9-9 Sec. 44.0061. SEXUAL ASSAULT PROGRAM FUND. (a) The sexual
9-10 assault program fund is a special account in the general revenue
9-11 fund.
9-12 (b) The fund consists of fees collected under Section 22(e),
9-13 Article 42.12, and Section 8(p), Article 42.18, Code of Criminal
9-14 Procedure.
9-15 (c) The legislature may appropriate money deposited to the
9-16 credit of the fund only to the department to finance the grant
9-17 program created by this chapter.
9-18 SECTION 13. (a) The changes in law made by this Act apply
9-19 only to an offense committed on or after the effective date of this
9-20 Act. For purposes of this Act, an offense is committed before the
9-21 effective date of this Act if any element of the offense occurs
9-22 before the effective date.
9-23 (b) An offense committed before the effective date of this
9-24 Act is covered by the laws in effect when the offense is committed,
9-25 and the former law is continued in effect for this purpose.
10-1 SECTION 14. This Act takes effect immediately.
10-2 SECTION 15. The importance of this legislation and the
10-3 crowded condition of the calendars in both houses create an
10-4 emergency and an imperative public necessity that the
10-5 constitutional rule requiring bills to be read on three several
10-6 days in each house be suspended, and this rule is hereby suspended,
10-7 and that this Act take effect and be in force from and after its
10-8 passage, and it is so enacted.