1-1 By: Black, et al. (Senate Sponsor - Whitmire) H.B. No. 2178
1-2 (In the Senate - Received from the House May 13, 1993;
1-3 May 14, 1993, read first time and referred to Committee on Criminal
1-4 Justice; May 25, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 4, Nays 1; May 25, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Whitmire x
1-10 Brown x
1-11 Nelson x
1-12 Sibley x
1-13 Sims x
1-14 Turner x
1-15 West x
1-16 COMMITTEE SUBSTITUTE FOR H.B. No. 2178 By: Whitmire
1-17 A BILL TO BE ENTITLED
1-18 AN ACT
1-19 relating to compensation of victims of certain crimes.
1-20 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-21 SECTION 1. Section 56.54, Code of Criminal Procedure, as
1-22 added by S.B. 248, Acts of the 73rd Legislature, Regular Session,
1-23 1993, is amended by adding Subsections (f) and (g) to read as
1-24 follows:
1-25 (f) The office of the attorney general is authorized to
1-26 accept gifts, grants, and donations to be credited to the
1-27 compensation to victims of crime fund and compensation to victims
1-28 of crime auxiliary fund and shall file annually with the governor
1-29 and the presiding officer of each house of the legislature a
1-30 complete and detailed written report accounting for all gifts,
1-31 grants, and donations received and disbursed, used, or maintained
1-32 by the office for the attorney general that are credited to these
1-33 funds.
1-34 (g) Money in the compensation to victims of crime fund or in
1-35 the compensation to victims of crime auxiliary fund may be used
1-36 only as provided by this subchapter and is not available for any
1-37 other purpose.
1-38 SECTION 2. Section 56.57, Code of Criminal Procedure, as
1-39 added by S.B. 248, Acts of the 73rd Legislature, Regular Session,
1-40 1993, is amended to read as follows:
1-41 Sec. 56.57. DEPOSIT BY COMPTROLLER; AUDIT. (a) The
1-42 comptroller shall deposit the funds received under Section 56.56 of
1-43 this code and all other moneys credited to the fund by any other
1-44 provision of law in the compensation to victims of crime fund.
1-45 (b) Funds collected are subject to audit by the comptroller.
1-46 Funds spent are subject to audit by the state auditor.
1-47 SECTION 3. Section 56.32(3), Code of Criminal Procedure, as
1-48 added by S.B. 248, Acts of the 73rd Legislature, Regular Session,
1-49 1993, is amended to read as follows:
1-50 (3) "Collateral source" means any of the following
1-51 sources of benefits or advantages for pecuniary loss that a victim
1-52 has received or that is readily available to the victim:
1-53 (A) the offender under an order or restitution
1-54 to the claimant imposed by a court as a condition of probation;
1-55 (B) the United States, a federal agency, a state
1-56 or any of its political subdivisions, or an instrumentality of two
1-57 or more states, unless the law providing for the benefits or
1-58 advantages makes them in excess of or secondary to benefits under
1-59 this subchapter;
1-60 (C) social security, Medicare, or Medicaid;
1-61 (D) state-required temporary nonoccupational
1-62 disability insurance;
1-63 (E) workers' compensation;
1-64 (F) an employer's wage continuation program;
1-65 (G) proceeds of an insurance contract payable to
1-66 the victim for loss that the victim sustained because of the
1-67 criminally injurious conduct; <or>
1-68 (H) a contract providing prepaid hospital and
2-1 other health care services or benefits for disability;
2-2 (I) proceeds awarded to the victim as a result
2-3 of third-party litigation; or
2-4 (J) proceeds of a life insurance contract
2-5 payable to the claimant.
2-6 SECTION 4. Section 56.32(8), Code of Criminal Procedure, as
2-7 added by S.B. 248, Acts of the 73rd Legislature, Regular Session,
2-8 1993, is amended to read as follows:
2-9 (8) "Pecuniary loss" means the amount of expense
2-10 reasonably and necessarily incurred:
2-11 (A) as a result of personal injury for:
2-12 (i) medical, hospital, nursing, or
2-13 psychiatric care or counseling, or physical therapy;
2-14 (ii) actual loss of past earnings and
2-15 anticipated loss of future earnings because of a disability
2-16 resulting from the personal injury; and
2-17 (iii) care of a minor child enabling a
2-18 victim or a victim's spouse, but not both of them, to continue
2-19 gainful employment; <and>
2-20 (B) as a result of death for:
2-21 (i) funeral and burial expenses;
2-22 (ii) loss of support to a dependent; and
2-23 (iii) care of a minor child enabling the
2-24 surviving spouse of a victim to engage in lawful employment.
2-25 (C) "Pecuniary loss" does not include health
2-26 care service charges in excess of the fee guidelines established by
2-27 the Texas Workers' Compensation Act (Article 8308-8.21 et seq.,
2-28 Vernon's Texas Civil Statutes). Neither the office of the attorney
2-29 general, victims, nor claimants shall be responsible for health
2-30 care service charges in excess of the fee guidelines unless a
2-31 review of the health care services determines that there is a
2-32 reasonable health care justification for the deviation.
2-33 SECTION 5. Section 56.55(a), Code of Criminal Procedure, as
2-34 added by S.B. 248, Acts of the 73rd Legislature, Regular Session,
2-35 1993, is amended to read as follows:
2-36 (a) A person shall pay:
2-37 (1) $45 <$20> as a court cost on conviction of a
2-38 felony;
2-39 (2) $35 <$15> as a court cost on conviction of a
2-40 violation of a municipal ordinance punishable by a fine of more
2-41 than $200 or on conviction of a misdemeanor punishable by
2-42 imprisonment or by a fine of more than $500; or
2-43 (3) $15 <$5> as a court cost on conviction of a
2-44 violation of a municipal ordinance punishable by a fine of not more
2-45 than $200 or on conviction of a misdemeanor punishable by a fine of
2-46 not more than $500, other than a conviction of a misdemeanor
2-47 offense or a violation of a municipal ordinance relating to
2-48 pedestrians and the parking of motor vehicles.
2-49 SECTION 6. Section 56.47(c), Code of Criminal Procedure, as
2-50 added by S.B. 248, Acts of the 73rd Legislature, Regular Session,
2-51 1993, is amended to read as follows:
2-52 (c) An order on reconsideration may not require refund of
2-53 amounts previously paid unless the award was obtained by fraud or
2-54 mistake.
2-55 SECTION 7. Section 22, Article 42.12, Code of Criminal
2-56 Procedure, is amended by adding Subsections (e) and (f) to read as
2-57 follows:
2-58 (e) If the court grants probation to a person convicted of
2-59 an offense under Section 21.08, 21.11, 22.011, 22.021, 25.02,
2-60 25.06, 43.25, or 43.26, Penal Code, the court shall require as a
2-61 condition of probation that the person pay to the probation officer
2-62 supervising the person a fee of $5 each month during the period of
2-63 probation. The fee is in addition to court costs or any other fee
2-64 imposed on the person.
2-65 (f) A probation department shall remit fees collected under
2-66 Subsection (e) of this section to the comptroller as soon as
2-67 practicable. The comptroller shall deposit the fee in the special
2-68 revenue fund to the credit of the sexual assault program
2-69 established under Section 44.0061, Health and Safety Code.
2-70 SECTION 8. Section 8, Article 42.18, Code of Criminal
3-1 Procedure, is amended by adding Subsections (o), (p), and (q) to
3-2 read as follows:
3-3 (o) In addition to other conditions of parole and release on
3-4 mandatory supervision imposed under this section, a parole panel
3-5 shall require a prisoner released on parole or mandatory
3-6 supervision to pay an administrative fee of $8 to the pardons and
3-7 paroles division for each month during which the prisoner is under
3-8 parole supervision. The fee applies to a prisoner released in
3-9 another state who is required as a term of his release to report to
3-10 a parole officer or supervisor in this state for parole
3-11 supervision. On the request of the prisoner, a parole panel may
3-12 allow the prisoner to defer payments under this subsection. The
3-13 prisoner remains responsible for payment of the fee and must make
3-14 the deferred payment not later than two years after the date on
3-15 which the payment becomes due. The board of the Texas Department
3-16 of Criminal Justice shall establish rules relating to the method of
3-17 payment required of the person on parole or mandatory supervision.
3-18 Fees collected under this subsection by the pardons and paroles
3-19 division shall be remitted to the comptroller of public accounts,
3-20 who shall deposit the fees in the compensation to victims of crime
3-21 fund of the state treasury. In a parole or mandatory supervision
3-22 revocation hearing under Section 14 of this article at which it is
3-23 alleged only that the person failed to make a payment under this
3-24 subsection, the inability of the person to pay as ordered by a
3-25 parole panel is an affirmative defense to revocation, which the
3-26 person must prove by a preponderance of the evidence.
3-27 (p) In addition to other conditions and fees imposed by a
3-28 parole panel under this article, the parole panel shall require as
3-29 a condition of parole or release to mandatory supervision that a
3-30 prisoner convicted of an offense under Section 21.08, 21.11,
3-31 22.011, 22.021, 25.02, 25.06, 43.25, or 43.26, Penal Code, pay to
3-32 the pardons and paroles division a parole supervision fee of $5
3-33 each month during the period of parole supervision.
3-34 (q) The pardons and paroles division shall remit fees
3-35 collected under Subsection (p) of this section to the comptroller.
3-36 The comptroller shall deposit the fees in the general revenue fund
3-37 to the credit of the sexual assault program fund established by
3-38 Section 44.0061, Health and Safety Code.
3-39 SECTION 9. Section 56.43(a), Code of Criminal Procedure, as
3-40 added by S.B. 248, Acts of the 73rd Legislature, Regular Session,
3-41 1993, is amended to read as follows:
3-42 (a) As part of an order, the attorney general shall
3-43 determine and award reasonable attorney's fees, commensurate with
3-44 legal services rendered, to be paid by the state to the attorney
3-45 representing the claimant. Attorney fees shall not exceed 25
3-46 percent of the amount the attorney assisted the victim in
3-47 obtaining. Where there is no dispute of the attorney general's
3-48 determination of the amount of the award due to the claimant and
3-49 where no hearing is held, the attorney fee shall be the lesser of
3-50 either 25 percent of the amount the attorney assisted the claimant
3-51 in obtaining or $300.
3-52 SECTION 10. Section 56.37, Code of Criminal Procedure, as
3-53 added by S.B. 248, Acts of the 73rd Legislature, Regular Session,
3-54 1993, is amended by adding Subsection (e) to read as follows:
3-55 (e) If the victim is a child, the application must be filed
3-56 within one year from the date the claimant is made aware of the
3-57 crime but not after the child is 18 years of age.
3-58 SECTION 11. Section 56.52, Code of Criminal Procedure, as
3-59 added by S.B. 248, Acts of the 73rd Legislature, Regular Session,
3-60 1993, is amended by adding Subsections (c) and (d) to read as
3-61 follows:
3-62 (c) A claimant shall not settle or resolve any such action
3-63 without written authorization to do so from the attorney general.
3-64 No third party or agents, insurers, or attorneys for third parties
3-65 shall participate in the settlement or resolution of such an action
3-66 if they actually know, or should know, that the claimant has
3-67 received moneys from the fund and is subject to the subrogation
3-68 provisions of this section. Any attempt by such third party, or
3-69 agents, insurers, or attorneys of third parties to settle an action
3-70 is void and shall result in no release from liability to the fund
4-1 for any rights subrogated pursuant to this section. All such
4-2 agents, insurers, and attorneys are personally liable to the fund
4-3 for any moneys paid to a claimant in violation of this subsection,
4-4 up to the full amount of the fund's right to reimbursement. A
4-5 claimant, third party, or any agents, attorneys, or insurers of
4-6 third parties who knowingly or intentionally fail to comply with
4-7 the requirements of this chapter commits a Class B misdemeanor.
4-8 (d) A person adjudged guilty of a Class B misdemeanor shall
4-9 be punished by:
4-10 (1) a fine not to exceed $500;
4-11 (2) confinement in jail for a term not to exceed 180
4-12 days; or
4-13 (3) both such fine and imprisonment.
4-14 SECTION 12. Subchapter A, Chapter 44, Health and Safety
4-15 Code, is amended by adding Section 44.0061 to read as follows:
4-16 Sec. 44.0061. SEXUAL ASSAULT PROGRAM FUND. (a) The sexual
4-17 assault program fund is a special account in the general revenue
4-18 fund.
4-19 (b) The fund consists of fees collected under Section 22(e),
4-20 Article 42.12, and Section 8(p), Article 42.18, Code of Criminal
4-21 Procedure.
4-22 (c) The legislature may appropriate money deposited to the
4-23 credit of the fund only to the department to finance the grant
4-24 program created by this chapter.
4-25 SECTION 13. (a) The changes in law made by this Act apply
4-26 only to an offense committed on or after the effective date of this
4-27 Act. For purposes of this Act, an offense is committed before the
4-28 effective date of this Act if any element of the offense occurs
4-29 before the effective date.
4-30 (b) An offense committed before the effective date of this
4-31 Act is covered by the laws in effect when the offense is committed,
4-32 and the former law is continued in effect for this purpose.
4-33 SECTION 14. This Act takes effect immediately.
4-34 SECTION 15. The importance of this legislation and the
4-35 crowded condition of the calendars in both houses create an
4-36 emergency and an imperative public necessity that the
4-37 constitutional rule requiring bills to be read on three several
4-38 days in each house be suspended, and this rule is hereby suspended,
4-39 and that this Act take effect and be in force from and after its
4-40 passage, and it is so enacted.
4-41 * * * * *
4-42 Austin,
4-43 Texas
4-44 May 25, 1993
4-45 Hon. Bob Bullock
4-46 President of the Senate
4-47 Sir:
4-48 We, your Committee on Criminal Justice to which was referred H.B.
4-49 No. 2178, have had the same under consideration, and I am
4-50 instructed to report it back to the Senate with the recommendation
4-51 that it do not pass, but that the Committee Substitute adopted in
4-52 lieu thereof do pass and be printed.
4-53 Whitmire,
4-54 Chairman
4-55 * * * * *
4-56 WITNESSES
4-57 FOR AGAINST ON
4-58 ___________________________________________________________________
4-59 Name: Julie Geeslin x
4-60 Representing: Office of Attorney Gen.
4-61 City: Austin
4-62 -------------------------------------------------------------------
4-63 Name: Mina Epps x
4-64 Representing: Office of the Attorney Gen.
4-65 City: Austin
4-66 -------------------------------------------------------------------
4-67 Name: Carl R. Griffith, Jr. x
4-68 Representing: Sheriff's Assoc of Texas
4-69 City: Beaumont
4-70 -------------------------------------------------------------------
5-1 Name: Lacey Sloan x
5-2 Representing: Tx. Assoc. Against Sexual Assault
5-3 City: Austin
5-4 -------------------------------------------------------------------
5-5 FOR AGAINST ON
5-6 ___________________________________________________________________
5-7 Name: G. K. Sprinkle x
5-8 Representing: Tx. Assoc. Against Sex. Assau
5-9 City: Austin
5-10 -------------------------------------------------------------------
5-11 Name: Richard H. Anderson x
5-12 Representing: Office of Attorney General
5-13 City: Austin
5-14 -------------------------------------------------------------------
5-15 Name: Vicne Torres x
5-16 Representing: People Against Violent Crime
5-17 City: Austin
5-18 -------------------------------------------------------------------
5-19 Name: Carolyn Foster x
5-20 Representing: Office of the Attorney Gen.
5-21 City: Austin
5-22 -------------------------------------------------------------------