By: Whitmire S.B. No. 1049
A BILL TO BE ENTITLED
AN ACT
1-1 relating to comprehensive revisions to Subchapter B, Chapter 56,
1-2 Code of Criminal Procedure, the Crime Victims' Compensation Act.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter B, Chapter 56, Code of Criminal
1-5 Procedure, is amended to read as follows:
1-6 Art. 56.31. SHORT TITLE. This subchapter may be cited as
1-7 the Crime Victims' Compensation Act.
1-8 Art. 56.311. LEGISLATIVE FINDINGS. The legislature
1-9 recognizes that many innocent individuals suffer personal injury or
1-10 death as a result of criminal acts. Crime victims and individuals
1-11 who intervene in crimes on behalf of peace officers may suffer
1-12 disabilities, incur financial burdens, or become dependent on
1-13 public assistance. The legislature finds and determines that there
1-14 is a need for indemnification of innocent victims of crime and
1-15 those citizens who suffer personal injury or death in the
1-16 prevention of crime or in the apprehension of criminals. Further,
1-17 indemnification of innocent victims of violent crime will also
1-18 encourage greater public cooperation in the successful apprehension
1-19 and prosecution of criminal offenders.
1-20 Art. 56.32. DEFINITIONS. In this subchapter:
1-21 (1) "Child" means an individual younger than 18 <17>
1-22 years of age.
1-23 (2) "Claimant" means:
2-1 (A) <a victim or> an authorized individual
2-2 <person> acting on behalf of a victim;
2-3 (B) an individual filing a claim on behalf of an
2-4 unemancipated minor individual;
2-5 (C) an individual who legally assumes the
2-6 obligation or who voluntarily pays the medical or burial expenses
2-7 incurred as a direct result of the criminally injurious conduct;
2-8 (D) a dependent of a deceased victim; or
2-9 (E) an immediate family or household member of a
2-10 victim who is not a dependent of the victim and who requires
2-11 psychiatric care or counseling as a direct result of the criminally
2-12 injurious conduct.
2-13 The term "claimant" does not include providers of service.
2-14 (3) "Collateral source" means any of the following
2-15 sources of benefits or advantages for pecuniary loss that a
2-16 claimant or victim has received or that is readily available to the
2-17 claimant or victim:
2-18 (A) the offender under an order of restitution
2-19 to the claimant or victim imposed by a court as a condition of
2-20 probation;
2-21 (B) the United States, a federal agency, a state
2-22 or any of its political subdivisions, or an instrumentality of two
2-23 or more states, unless the law providing for the benefits or
2-24 advantages makes them in excess of or secondary to benefits under
2-25 this subchapter;
3-1 (C) social security, Medicare, or Medicaid;
3-2 (D) state-required temporary nonoccupational
3-3 disability insurance;
3-4 (E) workers' compensation;
3-5 (F) an employer's wage continuation program;
3-6 (G) proceeds of an insurance contract payable to
3-7 or on behalf of the claimant or victim for loss that the claimant
3-8 or victim sustained because of the criminally injurious conduct;
3-9 (H) a contract providing prepaid hospital and
3-10 other health care services or benefits for disability;
3-11 (I) proceeds awarded to the claimant or victim
3-12 as a result of third-party litigation; or
3-13 (J) proceeds of a life insurance contract
3-14 payable to the claimant or victim.
3-15 (4) "Criminally injurious conduct" means conduct that:
3-16 (A) occurs or is attempted;
3-17 (B) poses a substantial threat of personal
3-18 injury or death;
3-19 (C) is punishable by fine, imprisonment, or
3-20 death, or would be punishable by fine, imprisonment, or death if
3-21 the person engaging in the conduct possessed capacity to commit the
3-22 conduct; and
3-23 (D) does not arise out of the ownership,
3-24 maintenance, or use of a motor vehicle, aircraft, or water vehicle,
3-25 unless the conduct is intended to cause personal injury or death or
4-1 is in violation of Section 38, Uniform Act Regulating Traffic on
4-2 Highways (Article 6701d, Vernon's Texas Civil Statutes), or
4-3 Sections 19.04, 19.05, 22.02, or 49.04 - 49.08, Penal Code, as
4-4 amended.
4-5 (5) "Dependent" means:
4-6 (A) a surviving spouse;
4-7 (B) a person who is a dependent, within the
4-8 meaning of <Section 152,> the Internal Revenue Code <of 1986 (26
4-9 U.S.C. Section 152)>, of a deceased victim; or
4-10 (C) a posthumous child of a deceased victim.
4-11 (6) "Household member" means an individual who resided
4-12 in the same permanent household as the victim at the time that the
4-13 criminally injurious conduct occurred.
4-14 (7) <(6)> "Immediate family member" means an
4-15 individual who<:>
4-16 <(A)> is the father, mother, sister, brother,
4-17 daughter, son, or spouse of a victim, including stepparents and
4-18 stepchildren<; and>
4-19 <(B) resided in the same permanent household as
4-20 the victim at the time that the criminally injurious conduct
4-21 occurred>.
4-22 (8) <(7)> "Intervenor" means an individual who goes to
4-23 the aid of another and is killed or injured in the good faith
4-24 effort to prevent criminally injurious conduct, to apprehend a
4-25 person reasonably suspected of having engaged in criminally
5-1 injurious conduct, or to aid a peace <police> officer. <The term
5-2 does not include a peace officer, firefighter, lifeguard, or
5-3 individual whose employment includes the duty to protect the public
5-4 safety acting within the course and scope of the individual's
5-5 employment.>
5-6 (9)<(8)> "Pecuniary loss" means the amount of expense
5-7 actually, reasonably and necessarily incurred<:>
5-8 <(A)> as a result of personal injury or death
5-9 for:
5-10 (A) <(i)> medical, hospital, nursing, or
5-11 psychiatric care or counseling, or physical therapy;
5-12 (B) <(ii)> actual loss of past earnings and
5-13 anticipated loss of future earnings because of a disability
5-14 resulting from the personal injury; and
5-15 (C) <(iii)> care of a minor child or dependent
5-16 enabling a victim, <or> a victim's spouse, or a legal guardian but
5-17 not all <both> of them, to continue or engage in gainful
5-18 employment;
5-19 <(B) as a result of death for:>
5-20 (D) <(i)> funeral and burial expenses;
5-21 (E) <(ii)> loss of support to a dependent<; and>
5-22 in the event of the death of the victim;
5-23 <(iii) care of a minor child enabling the
5-24 surviving spouse of a victim to engage in lawful employment.>
5-25 <(C) "Pecuniary loss" does not include health
6-1 care service charges in excess of the fee guidelines established by
6-2 the Texas Workers' Compensation Act (Article 8308-8.21 et seq.,
6-3 Vernon's Texas Civil Statutes). Neither the office of the attorney
6-4 general, victims, nor claimants shall be responsible for health
6-5 care service charges in excess of the fee guidelines unless a
6-6 review of the health care services determines that there is a
6-7 reasonable health care justification for the deviation.>
6-8 (F) reasonable and necessary costs of crime
6-9 scene cleanup; and
6-10 (G) reasonable replacement costs for clothing,
6-11 bedding, or property seized as evidence or rendered unusable as a
6-12 result of crime lab testing.
6-13 (10) <(9)> "Personal injury" means physical or mental
6-14 harm to a claimant or victim.
6-15 (11) <(10)> "Victim" means<:>
6-16 <(A)> an individual or intervenor who<:>
6-17 <(i)> suffers individual injury or death
6-18 as a result of criminally injurious conduct<;> that occurred
6-19 (i) <(ii) at the time of the criminally
6-20 injurious conduct, is> in this state<;> and
6-21 <(iii)> the individual is a resident of
6-22 this state, another state of the United States, the District of
6-23 Columbia, the Commonwealth of Puerto Rico, or a possession or
6-24 territory of the United States; or
6-25 <(B) an individual who:>
7-1 <(i) suffers individual injury or death as
7-2 a result of criminally injurious conduct;>
7-3 (ii) <at the time of the criminally
7-4 injurious conduct,> in a state that does not have a crime victims'
7-5 compensation program that meets the requirements of Section
7-6 1403(b), Crime Victims Compensation Act of 1984 (42 U.S.C. Section
7-7 10602(b))<;> , the individual is a resident of this state, and
7-8 <(iii) at the time of the criminally
7-9 injurious conduct, is a resident of this state;>
7-10 <(iv)> would be entitled to compensation
7-11 under this subchapter if the criminally injurious conduct had
7-12 occurred in this state<;>
7-13 <(C) an intervenor;>
7-14 <(D) a dependent of a deceased victim;>
7-15 <(E) an immediate family member of a deceased
7-16 victim who is not a dependent of the victim and who requires
7-17 psychiatric care or counseling as a direct result of the criminally
7-18 injurious conduct;>
7-19 <(F) an individual who:>
7-20 <(i) is not an immediate family member or
7-21 a dependent, but who resided in the same permanent household as a
7-22 deceased victim in a relationship with the victim within the second
7-23 degree of consanguinity; and>
7-24 <(ii) requires psychiatric care or
7-25 counseling as a direct result of the criminally injurious conduct;>
8-1 <(G) in the event of a death, an individual who
8-2 legally assumes the obligation or who voluntarily pays the medical
8-3 or burial expenses incurred as a direct result of the criminally
8-4 injurious conduct; or>
8-5 <(H) an immediate family member of a victim who
8-6 is a child and who requires psychological or psychiatric counseling
8-7 as a direct result of the criminally injurious conduct>.
8-8 The term "victim" does not include peace officers,
8-9 firefighters, or individuals whose employment includes the duty to
8-10 protect the public safety while acting within the course and scope
8-11 of their employment.
8-12 Art. 56.33. ADMINISTRATION; RULES. (a) The attorney
8-13 general shall adopt rules consistent with this subchapter governing
8-14 its administration, including rules relating to the method of
8-15 filing claims and the proof of entitlement to compensation.
8-16 Subchapters A and B, Chapter 2001, Government Code, except Sections
8-17 2001.004(3) and 2001.005, apply to the attorney general.
8-18 (b) The attorney general may delegate a power, duty, or
8-19 responsibility given to the attorney general under this subchapter
8-20 to a person in the attorney general's office.
8-21 Art. 56.34. COMPENSATION. (a) The attorney general shall
8-22 award compensation for pecuniary loss arising from criminally
8-23 injurious conduct if the attorney general is satisfied by a
8-24 preponderance of the evidence that the requirements of this
8-25 subchapter are met.
9-1 (b) The attorney general shall establish whether, as a
9-2 direct result of criminally injurious conduct, a claimant or victim
9-3 suffered personal injury or death that resulted in a pecuniary loss
9-4 for which the claimant or victim is not compensated from a
9-5 collateral source.
9-6 (c) The attorney general shall compensate for health care
9-7 services according to the medical fee guidelines established by the
9-8 Texas Workers' Compensation Act. Health care providers shall not
9-9 hold the office of the attorney general, claimants, or victims
9-10 responsible for health care service charges in excess of the
9-11 medical fee guidelines, and shall accept compensation from the
9-12 attorney general as payment in full unless a review of the health
9-13 care services determines that there is a reasonable health care
9-14 justification for the deviation. Providers of service may not hold
9-15 the claimant or victim responsible for the balance left as a result
9-16 of a reduction under Article 56.58 of this Act.
9-17 Art. 56.35. Types of Assistance. If the attorney general
9-18 approves an application for compensation under Section 56.41 of
9-19 this code, the attorney general shall determine what type of state
9-20 assistance will best aid the claimant or victim. The attorney
9-21 general may do one or more of the following:
9-22 (1) authorize cash payment or payments to or on behalf
9-23 of a claimant or victim for pecuniary loss;
9-24 (2) refer a claimant or victim to a state agency for
9-25 vocational or other rehabilitative services; or
10-1 (3) provide counseling services for a claimant or
10-2 victim or contract with a private entity to provide counseling
10-3 services.
10-4 Art. 56.36. Application. (a) An applicant for compensation
10-5 under this subchapter must apply in writing in a form that conforms
10-6 substantially to that prescribed by the attorney general.
10-7 (b) An application must be verified and must contain:
10-8 (1) the date on which the criminally injurious conduct
10-9 occurred;
10-10 (2) a description of the nature and circumstances of
10-11 the criminally injurious conduct;
10-12 (3) a complete financial statement, including:
10-13 (A) the cost of medical care or burial expenses
10-14 and the loss of wages or support the claimant or victim has
10-15 incurred or will incur; and
10-16 (B) the extent to which the claimant or victim
10-17 has been indemnified for those expenses from a collateral source;
10-18 (4) if appropriate, a statement indicating the extent
10-19 of a disability resulting from the injury incurred;
10-20 (5) an authorization permitting the attorney general
10-21 to verify the contents of the application; and
10-22 (6) other information the attorney general requires.
10-23 Art. 56.37. Time for Filing. (a) Except as otherwise
10-24 provided by this section, a claimant or victim must file an
10-25 application not later than the first anniversary of the criminally
11-1 injurious conduct.
11-2 (b) The attorney general may extend the time for filing for
11-3 good cause shown by the claimant or victim.
11-4 (c) Subsection (a) of this section does not apply to a
11-5 claimant or victim if:
11-6 (1) the <claimant> victim is a child <who is the
11-7 victim>; or
11-8 (2) the claimant or victim is an immediate family or
11-9 household member of a child who is the victim, and the immediate
11-10 family or household member, as the direct result of the criminally
11-11 injurious conduct, requires psychological or psychiatric
11-12 counseling.
11-13 (d) If a claimant or victim presents medically documented
11-14 evidence of a physical incapacity that was incurred by the claimant
11-15 or victim as a result of the criminally injurious conduct and that
11-16 reasonably prevented the claimant or victim the from filing the
11-17 application within the limitations period under Subsection (a) of
11-18 this section, the period of the incapacity is not included.
11-19 (e) If the victim is a child, the application must be filed
11-20 within one year from the date the claimant or victim is made aware
11-21 of the crime but not after the child is 19 <18> years of age.
11-22 Art. 56.38. Review; Verification. (a) The attorney general
11-23 shall appoint a clerk to review each application for compensation
11-24 under Section 56.36 of this code to ensure the application is
11-25 complete. If an application is not complete, the clerk shall
12-1 return it to the claimant or victim and give a brief statement
12-2 showing the additional information required. Not later than the
12-3 30th day after receiving a returned application, a claimant or
12-4 victim may:
12-5 (1) supply the additional information; or
12-6 (2) appeal the action to the attorney general, who
12-7 shall review the application to determine whether it is complete.
12-8 (b) The attorney general may investigate an application.
12-9 (c) Incident to the attorney general's review, verification,
12-10 and hearing duties under this subchapter, the attorney general may:
12-11 (1) <request from prosecuting attorneys and law
12-12 enforcement officers investigations and information to enable the
12-13 attorney general to determine whether and the extent to which a
12-14 victim qualifies for an award;>
12-15 <(2)> subpoena witnesses and administer oaths to
12-16 determine whether and the extent to which a claimant or victim
12-17 qualifies for an award; and
12-18 (2) <(3)> order a claimant or victim to submit to a
12-19 mental or physical examination by a physician or psychologist or
12-20 order an autopsy of a deceased victim as provided by Section 56.39
12-21 of this code, if the mental, physical, or emotional condition of a
12-22 claimant or victim is material to a claim.
12-23 (d) Law enforcement agencies shall furnish all reports,
12-24 including witness statements and criminal history information upon
12-25 request within 14 calendar days to enable the attorney general to
13-1 determine whether and to what extent a claimant or victim qualifies
13-2 for an award.
13-3 Art. 56.385. UTILIZATION REVIEW. (a) The attorney general
13-4 may adopt rules under which the attorney general may conduct or
13-5 contract for a utilization review of applications for benefits or
13-6 claims for pecuniary loss relating to health services.
13-7 (b) In this section, 'utilization review' means a system for
13-8 prospective, concurrent, or retrospective review of the necessity
13-9 and appropriateness of services being provided or proposed to be
13-10 provided to a claimant or victim.
13-11 (c) The attorney general shall not compensate for health
13-12 care services which are determined by the attorney general to be
13-13 medically unnecessary and health care providers shall hold neither
13-14 the office of the attorney general, claimants or victims
13-15 responsible for such charges.
13-16 Art. 56.39. Mental or Physical Examination; Autopsy.
13-17 (a) An order for a mental or physical examination or an autopsy as
13-18 provided by Section 56.38(c)(3) of this code may be made for good
13-19 cause shown on notice to the person to be examined and to all
13-20 persons who have appeared.
13-21 (b) An order shall:
13-22 (1) specify the time, place, manner, conditions, and
13-23 scope of the examination or autopsy;
13-24 (2) specify the person by whom the examination or
13-25 autopsy is to be made; and
14-1 (3) require the person making the examination or
14-2 autopsy to file with the attorney general a detailed written report
14-3 of the examination or autopsy.
14-4 (c) A report shall set out the findings of the person making
14-5 the examination or autopsy, including:
14-6 (1) the results of any tests made; and
14-7 (2) diagnoses, prognoses, and other conclusions and
14-8 reports of earlier examinations of the same conditions.
14-9 (d) On request of the person examined, the attorney general
14-10 shall furnish the person with a copy of the report. If the victim
14-11 is deceased, the attorney general on request shall furnish the
14-12 claimant with a copy of the report.
14-13 (e) A physician or psychologist making an examination or
14-14 autopsy under this section shall be compensated from funds
14-15 appropriated for the administration of this subchapter.
14-16 Art. 56.40. Hearings. (a) The attorney general shall
14-17 determine whether a hearing on an application for compensation
14-18 under this subchapter is necessary.
14-19 (b) If the attorney general determines that a hearing is not
14-20 necessary, the attorney general may approve the application in
14-21 accordance with the provisions of Section 56.41 of this code.
14-22 (c) If the attorney general determines that a hearing is
14-23 necessary or the claimant or victim requests a hearing, the
14-24 attorney general shall consider the application at a hearing at a
14-25 time and place of the attorney general's choosing. The attorney
15-1 general shall notify all interested persons not less than 10 days
15-2 before the date of the hearing.
15-3 (d) At the hearing the attorney general shall:
15-4 (1) review the application for assistance and the
15-5 report prepared under Section 56.39 of this code and any other
15-6 evidence obtained as a result of the attorney general's
15-7 investigation; and
15-8 (2) receive other evidence that the attorney general
15-9 finds necessary or desirable to evaluate the application properly.
15-10 (e) The attorney general may appoint hearing officers to
15-11 conduct hearings or prehearing conferences under this subchapter.
15-12 (f) A hearing or prehearing conference is open to the public
15-13 unless in a particular case the hearing officer or attorney general
15-14 determines that the hearing or prehearing conference or a part of
15-15 it should be held in private because a criminal suspect has not
15-16 been apprehended or because it is in the interest of the claimant
15-17 or victim.
15-18 (g) The attorney general may suspend the proceedings pending
15-19 disposition of a criminal prosecution that has been commenced or is
15-20 imminent, but may make an emergency award under Section 56.50 of
15-21 this code.
15-22 (h) Subchapters C through H, Chapter 2001, Government Code,
15-23 do not apply to the attorney general or the attorney general's
15-24 orders and decisions.
15-25 Art. 56.41. Approval of Claim. (a) The attorney general
16-1 shall approve an application for compensation under this subchapter
16-2 if the attorney general finds by a preponderance of the evidence
16-3 that grounds for compensation under this subchapter exist.
16-4 (b) The attorney general shall deny an application for
16-5 compensation under this subchapter if:
16-6 (1) the criminally injurious conduct is not reported
16-7 as provided by Section 56.46 of this code;
16-8 (2) the application is not made in the manner provided
16-9 by Sections 56.36 and 56.37 of this code;
16-10 (3) the claimant or victim <or individual whose injury
16-11 or death gives rise to the application> knowingly and willingly
16-12 participated in the criminally injurious conduct;
16-13 (4) the claimant or victim is the offender or an
16-14 accomplice of the offender;
16-15 (5) an award of compensation to the claimant or victim
16-16 would benefit the offender or an accomplice of the offender; or
16-17 (6) the victim was incarcerated in a penal
16-18 institution, as defined by Section 1.07(26), Penal Code, at the
16-19 time the offense was committed.
16-20 (c) Except as provided by rules adopted by the attorney
16-21 general to prevent the unjust enrichment of an offender, the
16-22 attorney general may not deny an award otherwise payable to a
16-23 claimant or victim because the claimant or victim:
16-24 (1) is an immediate family member of the offender; or
16-25 (2) resides in the same household as the offender.
17-1 Art. 56.42. Limits on Compensation. (a) <A claimant is not
17-2 entitled to compensation for pecuniary loss under this subchapter:>
17-3 <(1) in excess of $200 a week for:>
17-4 <(A) actual loss of past earnings or anticipated
17-5 loss of future earnings; or>
17-6 <(B) loss of support to a dependent;>
17-7 <(2) for actual loss of past earnings or anticipated
17-8 loss of future earnings if the victim is an accomplice of the
17-9 offender;>
17-10 <(3) for loss of support to a dependent after the date
17-11 the dependence would have ended if the victim had survived;>
17-12 <(4) for care of a minor child in excess of:>
17-13 <(A) $50 a week for one child;>
17-14 <(B) $100 a week for two children; or>
17-15 <(C) $125 a week for three or more children;>
17-16 <(5) for loss of support to a dependent or care of a
17-17 minor child as a result of death, if the expense is otherwise
17-18 compensated for as a pecuniary loss for individual injury; or>
17-19 <(6) for loss attributable to pain and suffering.>
17-20 <(b)> Awards payable to a victim and all other claimants
17-21 sustaining pecuniary loss because of injury or death of that victim
17-22 may not exceed $25,000 in the aggregate.
17-23 (b) In addition to the amount in (a), the attorney general
17-24 may make an award of an additional $25,000 for extraordinary
17-25 pecuniary losses, if the personal injury to a victim is
18-1 catastrophic and results in a total and permanent disability to the
18-2 victim for lost wages and reasonable and necessary costs of:
18-3 (1) making a home or automobile accessible;
18-4 (2) receiving job training and vocational
18-5 rehabilitation;
18-6 (3) training in the use of special appliances; and
18-7 (4) home health care.
18-8 (c) All other pecuniary losses compensated for in this
18-9 subchapter are subject to limitations set forth in the
18-10 administrative rules promulgated by the attorney general and
18-11 contained in 1 TEX.ADMIN.CODE $$ 61.1 et seq.
18-12 Art. 56.43. Attorney Fees. (a) As part of an order, the
18-13 attorney general shall determine and award reasonable attorney's
18-14 fees, commensurate with legal services rendered, to be paid by the
18-15 state to the attorney representing the claimant or victim.
18-16 Attorney fees shall not exceed 25 percent of the amount the
18-17 attorney assisted the claimant or victim in obtaining. Where there
18-18 is no dispute of the attorney general's determination of the amount
18-19 of the award due to the claimant or victim and where no hearing is
18-20 held, the attorney fee shall be the lesser of either 25 percent of
18-21 the amount the attorney assisted the claimant or victim in
18-22 obtaining or $300.
18-23 (b) Attorney fees may be denied on a finding that the claim
18-24 or appeal is frivolous.
18-25 (c) An award of attorney fees is in addition to an award of
19-1 compensation.
19-2 (d) An attorney may not contract for or receive an amount
19-3 larger than that allowed under this section.
19-4 (e) Attorney fees may not be paid to an attorney of a
19-5 claimant or victim unless an award is made to the claimant or
19-6 victim.
19-7 Art. 56.44. Payments. (a) The attorney general may provide
19-8 for the payment of an award in a lump sum or in installments. The
19-9 attorney general shall provide that the part of an award equal to
19-10 the amount of pecuniary loss accrued to the date of the award be
19-11 paid in a lump sum. Except as provided in Subsection (b) of this
19-12 section, the attorney general shall pay the part of an award for
19-13 allowable expense that accrues after the award is made in
19-14 installments.
19-15 (b) At the request of the claimant or victim, the attorney
19-16 general may provide that an award for future pecuniary loss be paid
19-17 in a lump sum if the attorney general finds that:
19-18 (1) paying the award in a lump sum will promote the
19-19 interests of the claimant or victim; or
19-20 (2) the present value of all future pecuniary loss
19-21 does not exceed $1,000.
19-22 (c) The attorney general may not provide for an award for
19-23 future pecuniary loss payable in installments for a period for
19-24 which the attorney general cannot reasonably determine the future
19-25 pecuniary loss.
20-1 (d) The attorney general shall only make payments to a
20-2 claimant or victim designated under Article 56.32(2).
20-3 Art. 56.45. Denial or Reduction of Award. The attorney
20-4 general may deny or reduce an award otherwise payable:
20-5 (1) if the claimant or victim has not substantially
20-6 cooperated with an appropriate law enforcement agency;
20-7 (2) if the claimant or victim bears a share of the
20-8 responsibility for the act or omission giving rise to the claim
20-9 because of the victim's behavior <at the time of the act or
20-10 omission>; <or>
20-11 (3) to the extent that pecuniary loss is recouped from
20-12 another person, including a collateral source; or<.>
20-13 (4) if the claimant or victim was engaged in illegal
20-14 activity at the time of the crime.
20-15 Art. 56.46. Reporting of Crime. (a) Except as otherwise
20-16 provided by this section, a claimant or victim may not file an
20-17 application unless the victim reports the criminally injurious
20-18 conduct to the appropriate state or local public safety or law
20-19 enforcement agency not later than 72 hours after the criminally
20-20 injurious conduct is committed.
20-21 (b) The attorney general may extend the time for reporting
20-22 the criminally injurious conduct if the attorney general determines
20-23 that the extension is justified by extraordinary circumstances.
20-24 (c) Subsection (a) of this section does not apply if the
20-25 victim is a child.
21-1 Art. 56.47. Reconsideration. (a) The attorney general, on
21-2 the attorney general's own motion or on request of a claimant or
21-3 victim, may reconsider:
21-4 (1) a decision to make or deny an award; or
21-5 (2) the amount of an award.
21-6 (b) At least annually, the attorney general shall reconsider
21-7 each award being paid in installments.
21-8 (c) An order on reconsideration may <not> require refund of
21-9 amounts previously paid by mistake <paid unless the award was>,
21-10 obtained by fraud, or in cases where newly discovered evidence
21-11 renders the claimant or victim ineligible under Articles 56.41 or
21-12 56.45.
21-13 (d) The right of reconsideration does not affect the
21-14 finality of an attorney general decision for the purpose of
21-15 judicial review.
21-16 Art. 56.48. Judicial Review. (a) Not later than the 20th
21-17 day after the attorney general renders a final decision, a claimant
21-18 or victim may file with the attorney general a notice of
21-19 dissatisfaction with the decision. Not later than the 20th day
21-20 after the claimant or victim gives notice, the claimant or victim
21-21 shall bring suit in the district court having jurisdiction in the
21-22 county in which:
21-23 (1) the injury or death occurred; or
21-24 (2) the victim resided at the time the injury or death
21-25 occurred; except that suit shall be brought in the county where the
22-1 injury or death occured if the victim resided out of state at the
22-2 time of the injury or death.
22-3 (b) While judicial review of a decision by the attorney
22-4 general is pending, the attorney general:
22-5 (1) shall suspend payments to the claimant or victim;
22-6 and
22-7 (2) may not reconsider the award.
22-8 (c) The court shall determine the issues by trial de novo.
22-9 The burden of proof is on the claimant or victim.
22-10 (d) A court may award up to 25% of the total recovery by the
22-11 claimant or victim in <additional> attorney fees <to a claim> in
22-12 the event of review.
22-13 (e) In computing a period under this section, if the last
22-14 day is a legal holiday or Sunday, the last day is not counted, and
22-15 the time is extended to include the next business day.
22-16 Art. 56.49. Exemption; Assignability. (a) An award is not
22-17 subject to execution, attachment, garnishment, or other process,
22-18 except that an award is not exempt from a claim of a creditor to
22-19 the extent that the creditor provided products, services, or
22-20 accommodations, the costs of which are included in the award.
22-21 (b) An assignment or agreement to assign a right to benefits
22-22 for loss accruing in the future is unenforceable except:
22-23 (1) an assignment of a right to benefits for loss of
22-24 earnings is enforceable to secure payment of alimony, maintenance,
22-25 or child support; and
23-1 (2) an assignment of a right to benefits is
23-2 enforceable to the extent that the benefits are for the cost of
23-3 products, services, or accommodations:
23-4 (A) made necessary by the injury or death on
23-5 which the claim is based; and
23-6 (B) provided or to be provided by the assignee.
23-7 Art. 56.50. Emergency Award. (a) The attorney general may
23-8 make an emergency award if, before acting on an application for
23-9 compensation under this subchapter, it appears likely that:
23-10 (1) a final award will be made; and
23-11 (2) the claimant or victim will suffer undue hardship
23-12 if immediate economic relief is not obtained.
23-13 (b) An emergency award may not exceed $1,500.
23-14 (c) The amount of an emergency award shall be:
23-15 (1) deducted from the final award; or
23-16 (2) repaid by and recoverable from the claimant or
23-17 victim to the extent the emergency award exceeds the final award.
23-18 Art. 56.51. Subrogation. If compensation is awarded under
23-19 this subchapter, the state is subrogated to all the claimant's or
23-20 victim's rights to receive or recover benefits for pecuniary loss
23-21 to the extent compensation is awarded from a collateral source.
23-22 Art. 56.52. Notice of Private Action. (a) Before a
23-23 claimant or victim may bring an action to recover damages related
23-24 to criminally injurious conduct for which compensation under this
23-25 subchapter is claimed or awarded, the claimant or victim must give
24-1 the attorney general written notice of the proposed action. After
24-2 receiving the notice, the attorney general shall promptly:
24-3 (1) join in the action as a party plaintiff to recover
24-4 benefits awarded;
24-5 (2) require the claimant or victim to bring the action
24-6 in the claimant's or victim's name as a trustee on behalf of the
24-7 state to recover benefits awarded; or
24-8 (3) reserve the attorney general's rights and do
24-9 neither in the proposed action.
24-10 (b) If the claimant or victim brings the action as trustee
24-11 and recovers compensation awarded by the attorney general, the
24-12 claimant or victim may deduct from the benefits recovered on behalf
24-13 of the state the reasonable expenses of the suit, including
24-14 attorney fees, expended in pursuing the recovery for the state.
24-15 The claimant or victim must justify this deduction in writing to
24-16 the attorney general on a form provided by the attorney general.
24-17 (c) A claimant or victim shall not settle or resolve any
24-18 such action without written authorization to do so from the
24-19 attorney general. No third party or agents, insurers, or attorneys
24-20 for third parties shall participate in the settlement or resolution
24-21 of such an action if they actually know, or should know, that the
24-22 claimant or victim has received moneys from the fund and is subject
24-23 to the subrogation provisions of this section. Any attempt by such
24-24 third party, or agents, insurers, or attorneys of third parties to
24-25 settle an action is void and shall result in no release from
25-1 liability to the fund for any rights subrogated pursuant to this
25-2 section. All such agents, insurers, and attorneys are personally
25-3 liable to the fund for any moneys paid to a claimant or victim in
25-4 violation of this subsection, up to the full amount of the fund's
25-5 right to reimbursement. A claimant, victim, third party, or any
25-6 agents, attorneys, or insurers of third parties who knowingly or
25-7 intentionally fail to comply with the requirements of this chapter
25-8 commits a Class B misdemeanor.
25-9 (d) A person adjudged guilty of a Class B misdemeanor shall
25-10 be punished by:
25-11 (1) a fine not to exceed $500;
25-12 (2) confinement in jail for a term not to exceed 180
25-13 days; or
25-14 (3) both such fine and imprisonment.
25-15 Art. 56.53. Annual Report. Annually, the attorney general
25-16 shall report to the governor and the legislature on the attorney
25-17 general's activities, including a statistical summary of claims and
25-18 awards made and denied. The reporting period is the state fiscal
25-19 year. The attorney general shall file the report not later than
25-20 the 100th <60th> day after the end of the fiscal year.
25-21 Art. 56.54. Funds. (a) The compensation to victims of
25-22 crime fund and the compensation to victims of crime auxiliary fund
25-23 are established in the state treasury.
25-24 (b) The compensation to victims of crime fund may be used by
25-25 the attorney general only for the payment of compensation to
26-1 claimants or victims under this subchapter and other expenses in
26-2 administering this subchapter.
26-3 (c) The compensation to victims of crime auxiliary fund may
26-4 be used by the attorney general only for the payment of
26-5 compensation to claimants or victims under this subchapter.
26-6 (d) The attorney general may not make compensation payments
26-7 in excess of the amount of money available from the combined funds.
26-8 (e) General revenues may not be used for payments under this
26-9 subchapter.
26-10 (f) The office of the attorney general is authorized to
26-11 accept gifts, grants, and donations to be credited to the
26-12 compensation to victims of crime fund and compensation to victims
26-13 of crime auxiliary fund and shall file annually with the governor
26-14 and the presiding officer of each house of the legislature a
26-15 complete and detailed written report accounting for all gifts,
26-16 grants, and donations received and disbursed, used, or maintained
26-17 by the office of the attorney general that are credited to these
26-18 funds.
26-19 (g) Money in the compensation to victims of crime fund or in
26-20 the compensation to victims of crime auxiliary fund may be used
26-21 only as provided by this subchapter and is not available for any
26-22 other purpose.
26-23 Art. 56.55. Court Costs. (a) A person shall pay:
26-24 (1) $45 as a court cost on conviction of a felony;
26-25 (2) $35 as a court cost on conviction of a violation
27-1 of a municipal ordinance punishable by a fine of more than $200 or
27-2 on conviction of a misdemeanor punishable by imprisonment or by a
27-3 fine of more than $500; or
27-4 (3) $15 as a court cost on conviction of a violation
27-5 of a municipal ordinance punishable by a fine of not more than $200
27-6 or on conviction of a misdemeanor punishable by a fine of not more
27-7 than $500, other than a conviction of a misdemeanor offense or a
27-8 violation of a municipal ordinance relating to pedestrians and the
27-9 parking of motor vehicles.
27-10 (b) The court shall assess and make a reasonable effort to
27-11 collect the cost due under this section whether any other court
27-12 cost is assessed or collected.
27-13 (c) In this section, a person is considered to have been
27-14 convicted if:
27-15 (1) a sentence is imposed;
27-16 (2) the defendant receives probation or deferred
27-17 adjudication; or
27-18 (3) the court defers final disposition of the case.
27-19 (d) Court costs under this section are collected in the same
27-20 manner as other fines or costs.
27-21 Art. 56.56. Deposit and Remittance of Court Costs. (a) The
27-22 officer collecting the costs in a municipal court case shall keep
27-23 separate records of the funds collected as costs under Section
27-24 56.55 of this code and shall deposit the funds in the municipal
27-25 treasury. The officer collecting the costs in a justice, county,
28-1 or district court case shall keep separate records of the funds
28-2 collected as costs under Section 56.55 of this code and shall
28-3 deposit the funds in the county treasury.
28-4 (b) The custodian of a municipal or county treasury shall:
28-5 (1) keep records of the amount of funds on deposit
28-6 collected under Section 56.55 of this code; and
28-7 (2) send to the comptroller before the last day of the
28-8 first month following each calendar quarter the funds collected
28-9 during the preceding quarter.
28-10 (c) A municipality or county may retain 10 percent of the
28-11 funds collected under Section 56.55 of this code as a collection
28-12 fee if the custodian of the treasury:
28-13 (1) keeps records of the amount of funds on deposit
28-14 collected under Section 56.55 of this code; and
28-15 (2) sends to the comptroller the funds within the
28-16 period prescribed by Subsection (b)(2) of this section.
28-17 (d) If no funds due as costs under Section 56.55 of this
28-18 code are collected by a custodian of a municipal or county treasury
28-19 in a quarter, the custodian shall file the report required for the
28-20 quarter in the regular manner and must state that no funds were
28-21 collected.
28-22 Art. 56.57. Deposit by Comptroller; Audit. (a) The
28-23 comptroller shall deposit the funds received under Section 56.56 of
28-24 this code and all other moneys credited to the fund by any other
28-25 provision of law in the compensation to victims of crime fund.
29-1 (b) Funds collected are subject to audit by the comptroller.
29-2 Funds spent are subject to audit by the state auditor.
29-3 Art. 56.58. Adjustment of Awards and Payments. (a) The
29-4 attorney general shall establish a policy to adjust awards and
29-5 payments so that the total amount of awards granted in each
29-6 calendar year does not exceed the amount of money credited to the
29-7 fund during that year.
29-8 (b) When the attorney general has established a policy to
29-9 adjust awards under this article, neither the attorney general nor
29-10 the claimant or victim shall be held responsible for the amount of
29-11 charges incurred in excess of the adjusted amount for the service
29-12 upon which the adjusted payment is based. When the provider of
29-13 service accepts a payment that has been adjusted by a policy
29-14 established pursuant to this article, the provider of service
29-15 agrees to accept the adjusted payment as payment in full for the
29-16 service and this agreement bars any legal action against the
29-17 claimant or victim for collection.
29-18 Art. 56.59. Attorney General Supervision of Collection of
29-19 Costs; Failure to Comply. (a) If the attorney general has reason
29-20 to believe that a court has not been assessing costs due under
29-21 Section 56.55 of this code or has not been making a reasonable
29-22 effort to collect those costs, the attorney general shall send a
29-23 warning letter to the court or the governing body of the
29-24 governmental unit in which the court is located.
29-25 (b) Within 60 days after receipt of a warning letter, the
30-1 court or governing body shall respond in writing to the attorney
30-2 general, specifically referring to the charges in the warning
30-3 letter.
30-4 (c) If the court or governing body does not respond or if
30-5 the attorney general considers the response inadequate, the
30-6 attorney general may request the comptroller to audit the records
30-7 of:
30-8 (1) the court;
30-9 (2) the officer charged with collecting the costs; or
30-10 (3) the treasury of the governmental unit in which the
30-11 court is located.
30-12 (d) The comptroller shall give the attorney general the
30-13 results of the audit.
30-14 (e) If, using the results of the audit and other evidence
30-15 available, the attorney general finds that a court is not assessing
30-16 costs due under Section 56.55 of this code or is not making a
30-17 reasonable effort to collect those costs, the attorney general may:
30-18 (1) refuse to award compensation under this subchapter
30-19 to residents of the jurisdiction served by the court; or
30-20 (2) notify the State Commission on Judicial Conduct of
30-21 the findings.
30-22 (f) The failure, refusal, or neglect of a judicial officer
30-23 to comply with a requirement of Section 56.55 of this code:
30-24 (1) constitutes official misconduct; and
30-25 (2) is grounds for removal from office.
31-1 Art. 56.60. Public Notice. (a) A hospital licensed under
31-2 the laws of this state shall display prominently in its emergency
31-3 room posters giving notification of the existence and general
31-4 provisions of this subchapter. The attorney general shall set
31-5 standards for the location of the display and shall provide
31-6 posters, application forms, and general information regarding this
31-7 subchapter to each hospital and physician licensed to practice in
31-8 this state.
31-9 (b) Each local law enforcement agency shall inform a
31-10 claimant or victim of criminally injurious conduct of the
31-11 provisions of this subchapter and provide application forms <to a
31-12 victim who desires assistance>. The attorney general shall provide
31-13 application forms and all other documents that local law
31-14 enforcement agencies may require to comply with this section. The
31-15 attorney general shall set standards to be followed by local law
31-16 enforcement agencies for this purpose and may require them to file
31-17 with the attorney general a description of the procedures adopted
31-18 by each agency to comply.
31-19 Art. 56.61. Compensation for Certain Criminally Injurious
31-20 Conduct Prohibited. The attorney general may not award
31-21 compensation for economic loss arising from criminally injurious
31-22 conduct that occurred before January 1, 1980.
31-23 Art. 56.62. PUBLIC LETTER OF REPRIMAND. (a) The attorney
31-24 general may issue a letter of reprimand against an individual if
31-25 the attorney general finds that the person has filed or has caused
32-1 to be filed under this Act an application for benefits or claim for
32-2 pecuniary loss that contains a statement or representation that the
32-3 person knows to be false.
32-4 (b) The attorney general must give the person notice of the
32-5 proposed action before issuing the letter.
32-6 (c) A proposal to issue a letter of reprimand is considered
32-7 a contested case for purposes of the Administrative Procedure and
32-8 Texas Register Act (Article 6252-13a, Vernon's Texas Civil
32-9 Statutes) and its subsequent amendments.
32-10 (d) A letter of reprimand issued under this section is
32-11 public information.
32-12 Art. 56.63. CIVIL PENALTY. (a) A person is subject to a
32-13 civil penalty of not less than $2,500 or more than $25,000 for each
32-14 application for benefits or claim for pecuniary loss that:
32-15 (1) the person files or causes to be filed under this
32-16 subchapter; and
32-17 (2) contains a statement or representation that the
32-18 person knows to be false.
32-19 (b) The attorney general shall institute and conduct the
32-20 suit authorized by this section in the name of this state.
32-21 (c) A civil penalty recovered under this section shall be
32-22 deposited to the credit of the compensation to victims of crime
32-23 fund.
32-24 (d) The civil penalty authorized by this section is in
32-25 addition to any other civil, administrative, or criminal penalty
33-1 provided by law.
33-2 (e) In addition to the civil penalty authorized by this
33-3 section, the attorney general may recover all expenses incurred by
33-4 the attorney general in the investigation, institution, and
33-5 prosecution of the suit including investigative costs, witness
33-6 fees, attorney fees, and deposition expenses.
33-7 Art. 56.64. ADMINISTRATIVE PENALTY. (a) A person who
33-8 presents or causes to be presented to the attorney general an
33-9 application for benefits or claim for pecuniary loss that contains
33-10 a statement or representation the person knows to be false is
33-11 liable to the attorney general for:
33-12 (1) the amount paid because of the false application
33-13 for benefits or claim for pecuniary loss and interest on that
33-14 amount determined at the rate provided by law for legal judgments
33-15 and accruing from the date on which the payment was made;
33-16 (2) payment of an administrative penalty not to exceed
33-17 twice the amount paid because of the false application for benefits
33-18 or claim for pecuniary loss; and
33-19 (3) payment of an administrative penalty of not more
33-20 than $10,000 for each item or service for which payment was
33-21 claimed.
33-22 (b) In determining the amount of the penalty to be assessed
33-23 under Subsection (a)(3) of this section, the attorney general shall
33-24 consider:
33-25 (1) the seriousness of the violation;
34-1 (2) whether the person had previously submitted a
34-2 false application for benefits or claim for pecuniary loss; and
34-3 (3) the amount necessary to deter the person from
34-4 submitting future false applications for benefits or claims for
34-5 pecuniary loss.
34-6 (c) If the attorney general determines that a violation has
34-7 occurred, the attorney general may issue a report that states the
34-8 facts on which the determination is made and the attorney general's
34-9 recommendation on the imposition of a penalty, including a
34-10 recommendation on the amount of the penalty.
34-11 (d) The attorney general shall give written notice of the
34-12 report to the person. The notice may be given by certified mail.
34-13 The notice must:
34-14 (1) include a brief summary of the alleged violation;
34-15 (2) include a statement of the amount of the
34-16 recommended penalty; and
34-17 (3) inform the person that the person has a right to a
34-18 hearing on the occurrence of the violation, the amount of the
34-19 penalty, or both the occurrence of the violation and the amount of
34-20 the penalty.
34-21 (e) Within 20 days after the date the person receives the
34-22 notice, the person in writing may:
34-23 (1) accept the determination and recommended penalty
34-24 of the attorney general; or
34-25 (2) make a written request for a hearing on the
35-1 occurrence of the violation, the amount of the penalty, or both the
35-2 occurrence of the violation and the amount of the penalty.
35-3 (f) If the person accepts the determination and recommended
35-4 penalty of the attorney general, the attorney general by order
35-5 shall approve the determination and impose the recommended penalty.
35-6 (g) If the person requests a hearing or fails to respond
35-7 timely to the notice, the attorney general shall set a hearing and
35-8 give notice of the hearing to the person. The administrative law
35-9 judge shall make findings of facts and conclusions of law and
35-10 promptly issue to the attorney general a proposal for a decision
35-11 about the occurrence of the violation and the amount of a proposed
35-12 penalty. According to the findings of fact, conclusions of law,
35-13 and proposal for a decision, the attorney general by order may find
35-14 that a violation has occurred and impose a penalty or may find that
35-15 a violation has not occurred.
35-16 (h) The notice of the attorney general's order given to the
35-17 person under Chapter 2001, Government Code, must include a
35-18 statement of the right of the person to judicial review of the
35-19 order.
35-20 (i) Within 30 days after the date the attorney general's
35-21 order is final under Section 2001.144, Government Code, the person
35-22 shall:
35-23 (1) pay the amount of the penalty;
35-24 (2) pay the amount of the penalty and file a petition
35-25 for judicial review contesting the occurrence of the violation, the
36-1 amount of the penalty, or both the occurrence of the violation and
36-2 the amount of the penalty; or
36-3 (3) without paying the amount of the penalty, file a
36-4 petition for judicial review contesting the occurrence of the
36-5 violation, the amount of the penalty, or both the occurrence of the
36-6 violation and the amount of the penalty.
36-7 (j) Within the 30-day period, a person who acts under
36-8 Subsection (i)(3) may:
36-9 (1) stay enforcement of the penalty by:
36-10 (A) paying the amount of the penalty to the
36-11 court for placement in an escrow account; or
36-12 (B) giving to the court a supersedeas bond
36-13 approved by the court for the amount of the penalty and that is
36-14 effective until all judicial review of the attorney general's order
36-15 is final; or
36-16 (2) request the court to stay enforcement of the
36-17 penalty by:
36-18 (A) filing with the court a sworn affidavit of
36-19 the person stating that the person is financially unable to pay the
36-20 amount of the penalty and is financially unable to give the
36-21 supersedeas bond; and
36-22 (B) giving a copy of the affidavit to the
36-23 attorney general by certified mail.
36-24 (k) On receipt by the attorney general of a copy of an
36-25 affidavit under Subsection (j)(2), the attorney general may file,
37-1 with the court within five days after the date the copy is
37-2 received, a contest to the affidavit. The court shall hold a
37-3 hearing on the facts alleged in the affidavit as soon as
37-4 practicable and shall stay the enforcement of the penalty on
37-5 finding that the alleged facts are true. The person who files an
37-6 affidavit has the burden of proving that the person is financially
37-7 unable to pay the amount of the penalty and to give a supersedeas
37-8 bond.
37-9 (l) If the person does not pay the amount of the penalty and
37-10 the enforcement of the penalty is not stayed, the attorney general
37-11 may file suit for collection of the amount of the penalty.
37-12 (m) Judicial review of the order of the attorney general:
37-13 (1) is instituted by filing a petition as provided by
37-14 Section 2001.176, Government Code; and
37-15 (2) is under the substantial evidence rule.
37-16 (n) If the court sustains the occurrence of the violation,
37-17 the court may uphold or reduce the amount of the penalty and order
37-18 the person to pay the full or reduced amount of the penalty. If
37-19 the court does not sustain the occurrence of the violation, the
37-20 court shall order that no penalty is owed.
37-21 (o) When the judgment of the court becomes final, the court
37-22 shall proceed under this subsection. If the person paid the amount
37-23 of the penalty and if that amount is reduced or is not upheld by
37-24 the court, the court shall order that the appropriate amount plus
37-25 accrued interest be remitted to the person. The rate of the
38-1 interest is the rate charged on loans to depository institutions by
38-2 the New York Federal Reserve Bank, and the interest shall be paid
38-3 for the period beginning on the date the penalty was paid and
38-4 ending on the date the penalty is remitted. If the person gave a
38-5 supersedeas bond and if the amount of the penalty is not upheld by
38-6 the court, the court shall order the release of the bond. If the
38-7 person gave a supersedeas bond and if the amount of the penalty is
38-8 reduced, the court shall order the release of the bond after the
38-9 person pays the amount.
38-10 (p) A penalty collected under this section shall be sent to
38-11 the comptroller and deposited to the credit of the compensation to
38-12 victims of crime fund.
38-13 (q) All proceedings under this section are subject to
38-14 Chapter 2001, Government Code.
38-15 (r) In addition to the administrative penalty authorized by
38-16 this section, the attorney general may recover all expenses
38-17 incurred by the attorney general in the investigation, institution,
38-18 and prosecution of the suit including investigative costs, witness
38-19 fees, attorney fees, and deposition expenses.
38-20 SECTION 2. REPEALER. The following provisions are repealed:
38-21 Acts 1993, 73rd Leg., ch. 780, Subsection 5, 6; Acts 1993, 73rd
38-22 Leg., ch. 983, Subsection 1, 3, 4.
38-23 SECTION 3. SEVERABILITY. If any section, sentence, clause,
38-24 or part of this Act shall, for any reason, be held invalid, such
38-25 invalidity shall not affect the remaining portions of the Act, and
39-1 it is hereby declared to be the intention of this legislature to
39-2 have passed each section, sentence, clause, or part irrespective of
39-3 the fact that any other section, sentence, clause, or part may be
39-4 declared invalid.
39-5 SECTION 4. CIVIL CAUSES OF ACTION. The changes in law made
39-6 by this Act apply only to a cause of action that accrues on or
39-7 after the effective date of this article. A cause of action that
39-8 accrues before the effective date of this article is governed by
39-9 the law in effect on the date the cause of action accrues, and that
39-10 law is continued in effect for this purpose.
39-11 SECTION 5. CRIMINAL OFFENSES OR VIOLATIONS. (a) The
39-12 changes in law made by this Act apply only to a criminal offense
39-13 committed or a violation that occurs on or after the effective date
39-14 of this Act. For the purposes of this Act, a criminal offense is
39-15 committed or a violation occurs before the effective date of this
39-16 Act if any element of the offense or violation occurs before that
39-17 date.
39-18 (b) A criminal offense committed or violation that occurs
39-19 before the effective date of this Act is covered by the law in
39-20 effect when the criminal offense was committed or the violation
39-21 occurred, and the former law is continued in effect for this
39-22 purpose.
39-23 SECTION 6. EFFECTIVE DATE. This Act takes effect on
39-24 September 1, 1995.
39-25 SECTION 7. EMERGENCY. The importance of this legislation
40-1 and the crowded condition of the calendars in both houses create an
40-2 emergency and an imperative public necessity that the
40-3 constitutional rule requiring bills to be read on three several
40-4 days in each house be suspended, and this rule is hereby suspended,
40-5 and that this Act take effect and be in force from and after its
40-6 passage, and it is so enacted.