By Black, Solis H.B. No. 2178
Substitute the following for H.B. No. 2178:
By Combs C.S.H.B. No. 2178
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the amendment of Code of Criminal Procedure, Chapter
1-3 56, Subchapter B, the Crime Victims Compensation Act.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Code of Criminal Procedure, Chapter 56,
1-6 Subchapter B, the Crime Victims Compensation Act, is amended by the
1-7 inclusion of subsections (f), (g), of section 56.54, to read as
1-8 follows:
1-9 Section 56.54. FUNDS.
1-10 (f) The Office of the Attorney General is authorized to
1-11 accept gifts, grants, and donations to be credited to the
1-12 compensation to victims of crime fund and compensation to victims
1-13 of crime auxiliary fund and shall file annually with the governor
1-14 and the presiding officer of each house of the legislature a
1-15 complete and detailed written report accounting for all gifts,
1-16 grants, and donations received and disbursed, used, or maintained
1-17 by the Office for the Attorney General that are credited to these
1-18 funds.
1-19 (g) Money in the compensation to victims of crime fund or in
1-20 the compensation to victims of crime auxiliary fund may be used
1-21 only as provided by this subchapter and is not available for any
1-22 other purpose.
1-23 SECTION 2. Section 56.57 of the Code of Criminal Procedure,
2-1 Subchapter B, the Crime Victims Compensation Act, is amended to
2-2 read as follows:
2-3 Section 56.57. DEPOSIT BY COMPTROLLER; AUDIT.
2-4 (a) The comptroller shall deposit the funds received under
2-5 Section 56.56 of this code and all other moneys credited to the
2-6 fund by any other provision of law in the compensation to victims
2-7 of crime fund.
2-8 (b) Funds collected are subject to audit by the comptroller.
2-9 Funds spent are subject to audit by the state auditor.
2-10 SECTION 3. Subdivision (3) of section 56.32 of the Code of
2-11 Criminal Procedure, Chapter 56, Subchapter B, the Crime Victims
2-12 Compensation Act, is amended to read as follows:
2-13 (3) "Collateral source" means any of the following sources
2-14 of benefits or advantages for pecuniary loss that a victim has
2-15 received or that is readily available to the victim:
2-16 (A) the offender under an order or restitution to the
2-17 claimant imposed by a court as a condition of probation;
2-18 (B) the United States, a federal agency, a state or any of
2-19 its political subdivisions, or an instrumentality of two or more
2-20 states, unless the law providing for the benefits or advantages
2-21 makes them in excess of or secondary to benefits under this
2-22 subchapter;
2-23 (C) social security, Medicare, or Medicaid;
2-24 (D) state-required temporary nonoccupational disability
2-25 insurance;
3-1 (E) workers' compensation;
3-2 (F) an employer's wage continuation program;
3-3 (G) proceeds of an insurance contract payable to the victim
3-4 for loss that the victim sustained because of the criminally
3-5 injurious conduct;
3-6 (H) a contract providing prepaid hospital and other health
3-7 care services or benefits for disability;
3-8 (I) proceeds awarded to the victim as a result of
3-9 third-party litigation;
3-10 (J) proceeds of a life insurance contract payable to the
3-11 claimant.
3-12 SECTION 4. Subsection (8) of section 56.32, Code of Criminal
3-13 Procedure, Subchapter B, the Crime Victims Compensation Act, is
3-14 amended by the addition of subdivision (C) to read as follows:
3-15 (C) "Pecuniary loss" does not include health care service
3-16 charges in excess of the fee guidelines established by the Texas
3-17 Workers' Compensation Act (Vernon's Texas Civil Statutes, Article
3-18 8308-8.21, et seq., as amended). Neither the Office of the
3-19 Attorney General, victims, nor claimants shall <not> be responsible
3-20 for health care service charges in excess of the fee guidelines
3-21 unless a review of the health care services determines that there
3-22 is a reasonable health care justification for the deviation.
3-23 SECTION 5. Subsection (a) of section 56.55 of the Code of
3-24 Criminal Procedure, Chapter 56, Subchapter B, the Crime Victims
3-25 Compensation Act, is hereby amended to read as follows:
4-1 Sec. 56.55. COURT COSTS. (a) A person shall pay:
4-2 (1) <$20> $45 as a court cost on conviction of a felony;
4-3 (2) <$15> $35 as a court cost on conviction of a violation
4-4 of a municipal ordinance punishable by a fine of more than $200 or
4-5 on conviction of a misdemeanor punishable by imprisonment or by a
4-6 fine of more than $500; or
4-7 (3) <$5> $15 as a court cost on conviction of a violation of
4-8 a municipal ordinance punishable by a fine of not more than $200 or
4-9 on conviction of a misdemeanor punishable by a fine of not more
4-10 than $500, other than a conviction of a misdemeanor offense or a
4-11 violation of a municipal ordinance relating to pedestrians and the
4-12 parking of motor vehicles.
4-13 SECTION 6. Subsection (c) of section 56.47 of the Code of
4-14 Criminal Procedure, Chapter 56, Subchapter B, the Crime Victims
4-15 Compensation Act, is amended to read as follows:
4-16 (c) An order on reconsideration may not require refund of
4-17 amounts previously paid unless the award was obtained by fraud or
4-18 mistake.
4-19 SECTION 7. Code of Criminal Procedure, Chapter 42, Article
4-20 42.18 is hereby amended by the inclusion of subsection (o) to be
4-21 read as follows:
4-22 (o) In addition to other conditions of parole and release on
4-23 mandatory supervision imposed under this section, a parole panel
4-24 shall require a prisoner released on parole or mandatory
4-25 supervision to pay an administrative fee of $8 to the pardons and
5-1 paroles division for each month during which the prisoner is under
5-2 parole supervision. The fee applies to a prisoner released in
5-3 another state who is required as a term of his release to report to
5-4 a parole officer or supervisor in this state for parole
5-5 supervision. On the request of the prisoner, a parole panel may
5-6 allow the prisoner to defer payments under this subsection. The
5-7 prisoner remains responsible for payment of the fee and must make
5-8 the deferred payment not later than two years after the date on
5-9 which the payment becomes due. The board of the Texas Department
5-10 of Criminal Justice shall establish rules relating to the method of
5-11 payment required of the person on parole or mandatory supervision.
5-12 Fees collected under this subsection by the pardons and paroles
5-13 division shall be remitted to the comptroller of public accounts,
5-14 who shall deposit the fees in the Compensation to Victims of Crime
5-15 Fund of the state treasury. In a parole or mandatory supervision
5-16 revocation hearing under Section 14 of this article at which it is
5-17 alleged only that the person failed to make a payment under this
5-18 subsection, the inability of the person to pay as ordered by a
5-19 parole panel is an affirmative defense to revocation, which the
5-20 person must prove by a preponderance of the evidence.
5-21 SECTION 8. Code of Criminal Procedure, Subsection (a) of
5-22 Section 56.43 of Chapter 56, Subchapter B, the Crime Victims
5-23 Compensation Act, is amended to read as follows:
5-24 Sec. 54.43. ATTORNEY'S FEES. (a) As part of an order, the
5-25 attorney general shall determine and award reasonable attorney's
6-1 fees, commensurate with legal services rendered, to be paid by the
6-2 state to the attorney representing the claimant. Attorney fees
6-3 shall not exceed 25 per cent of the amount the attorney assisted
6-4 the victim in obtaining. Where there is no dispute of the attorney
6-5 general's determination of the amount of the award due to the
6-6 claimant and where no hearing is held, the attorney fee shall be
6-7 the lesser of either 25 per cent of the amount the attorney
6-8 assisted the claimant in obtaining or $300.00.
6-9 SECTION 9. Code of Criminal Procedure, Section 56.57 of
6-10 Chapter 56, Subchapter B, the Crime Victims Compensation Act, is
6-11 amended by adding subsection (e), which provides as follows:
6-12 (e) If the victim is a child, the application must be filed
6-13 within one year from the date the claimant is made aware of the
6-14 crime but not after the child is 18 years of age.
6-15 SECTION 10. Section 56.51, Code of Criminal Procedure,
6-16 Chapter 56, Subchapter B, the Crime Victims Compensation Act, is
6-17 amended by the inclusion of subsections (c) and (d), to read as
6-18 follows:
6-19 (c) A claimant shall not settle or resolve any such action
6-20 without written authorization to do so from the attorney general.
6-21 No third party or agents, insurers, or attorneys for third parties
6-22 shall participate in the settlement or resolution of such an action
6-23 if they actually know, or should know, that the claimant has
6-24 received moneys from the fund and is subject to the subrogation
6-25 provisions of this section. Any attempt by such third party, or
7-1 agents, insurers, or attorneys of third parties to settle an action
7-2 is void and shall result in no release from liability to the fund
7-3 for any rights subrogated pursuant to this section. All such
7-4 agent, insurers, and attorneys are personally liable to the fund
7-5 for any moneys paid to a claimant in violation of this subsection,
7-6 up to the full amount of the fund's right to reimbursement. A
7-7 claimant, third party, or any agents, attorneys, or insurers of
7-8 third parties who knowingly or intentionally fail to comply with
7-9 the requirements of this chapter commits a Class B misdemeanor.
7-10 (d) A person adjudged guilty of a Class B misdemeanor shall
7-11 be punished by:
7-12 (1) a fine not to exceed $500;
7-13 (2) confinement in jail for a term not to exceed 180
7-14 days; or
7-15 (3) both such fine and imprisonment.
7-16 SECTION 11. (a) The changes in law made by this Act applies
7-17 only to an offense committed on or after the effective date of this
7-18 Act. For purposes of this Act, an offense is committed before the
7-19 effective date of this Act if any element of the offense occurs
7-20 before the effective date.
7-21 (b) An offense committed before the effective date of this
7-22 Act is covered by the laws in effect when the offense is committed,
7-23 and the former law is continued in effect for this purpose.
7-24 SECTION 12. This Act takes effect immediately.
7-25 SECTION 13. The importance of this legislation and the
8-1 crowded condition of the calendars in both houses create an
8-2 emergency and an imperative public necessity that the
8-3 constitutional rule requiring bills to be read on three several
8-4 days in each house be suspended, and this rule is hereby suspended,
8-5 and that this Act take effect and be in force from and after its
8-6 passage, and it is so enacted.