AEZ H.B. 3062 75(R)BILL ANALYSIS


CRIMINAL JURISPRUDENCE
H.B. 3062
By: Hightower
4-2-97
Committee Report (Amended)



BACKGROUND 

The Texas Crime Victims' Compensation Fund was created in 1979, to serve
as a financial safety net for victims of crime.  The primary purpose of
the fund is to reimburse victims for any out of pocket expenses incurred
as a result of crime.  The money in the fund comes directly from convicted
offenders in the form of court costs and other fees.  Administration of
the fund is governed by Chapter 56, Subchapter B, Code of Criminal
Procedure. 

During the 73rd Regular Legislative Session the Act was amended and
amounts paid by offenders into the fund were increased.  As a result, the
monies in the fund have steadily increased over the past three years.
These additional dollars have allowed the legislature to expand the
program, thereby reaching a greater number of victims with more
assistance.    

PURPOSE

HB 3062, as proposed, would increase the type and amount of benefits
available through the fund for victims of crime.  Additionally, the
legislation broadens the scope of the act by adding new categories of
eligible applicants and authorized expenditures.  Finally, the legislation
includes policy changes related to the administration of the program.   

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does grant additional
rulemaking authority in SECTION 1, Article 56.41, and Article 56.42, Code
of Criminal Procedure, to the Attorney General. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Articles 56.32, 56.34, 56.36, 56.37, 56.41, 56.42, 56.44,
56.45, 56.46, 56.47, 56.48 and 56.54 of Subchapter B, Chapter 56, Code of
Criminal Procedure are amended as follows: 

ARTICLE 56.32, DEFINITIONS

Subsection (a)(2)(D) is amended to provide that all family members of a
victim are eligible for counseling benefits. 

Subsection (3)(D) is amended by removing "state required temporary
nonoccupational disability insurance" from the definition of "collateral
source."  This subsection is also amended by adding "another state's or
another country's crime victims' compensation program" to the definition
of "collateral source." 

Subsection (3)(F) is amended by providing that vacation and sick leave
benefits are not included in the definition of "collateral source." 

Subsection (3)(H) is amended to include self-funded programs in the
definition of "collateral source." 

Subdivision (3)(J) is deleted which removes the consideration of life
insurance as a "collateral source." 
 
Subdivision (4)(D) amends the definition of "criminally injurious conduct"
by changing the statutory reference to the Transportation Code to reflect
recent recodification of that code.  

Subdivision (5)(B) amends the definition of "dependent" by deleting
restrictive language which provided that only dependants of deceased
victims were eligible for certain benefits.  This amendment expands
benefits to dependents of all victims of crime.  

Subdivision (7) amends definition of "an immediate family member" by
including "family members who are related by consanguinity within the
second degree or by affinity within the second degree." This amendment
broadens the current definition to include step parents, step siblings and
step grandparents of the victim.  

Subdivision (9)(B) amends definition of "pecuniary loss" by including
actual loss of earnings due to receiving "medically indicated services
related to the crime, or participation in or attendance at investigative,
prosecutorial, and judicial processes carried on by law enforcement
agencies, prosecutors, and the judiciary."  This amendment will allow the
program to reimburse claimants for wages lost as a result of leave taken
for medical treatment or assistance with the criminal case. 

Subdivision (9)(C) amends the definition of "pecuniary loss" by deleting
language which requires individuals to continue or engage in gainful
employment in order to receive assistance with child care.  This amendment
will allow the program to assist victims with the costs of child care
while they are receiving medical treatment or in the event that they are
unable to work for a period of time due to their crime related injury.   

Subdivision (9)(E) amends the definition of "pecuniary loss" by deleting
the limitation of  providing loss of support benefits only to dependants
in cases where the victim is deceased.   
Subdivision (11) amends the definition of "victim."  (A) and (B) include
technical amendments to improve the clarity of the Act.  (B) also amends
the definition to include Texas victims who suffer personal injury or
death as a result of criminal conduct while out of the country. 

Subdivision (11)(C) is added, which broadens the definition of "victim" to
include residents of Texas harmed by international terrorism. 

Subsection (c) is deleted, which will allow peace officers, firefighters
and other individuals, hose employment includes the duty to protect the
public, to be eligible for benefits under the Act.  

ARTICLE 56.34. COMPENSATION

Subsection (f) is added, which provides that the crime victims'
compensation fund and the compensation to victims of crime auxiliary fund
are the payers of last resort.  This amendment codifies into state statute
this provision which is already a part of federal law.  The amendment will
not have an effect on the administration of the Act. 

ARTICLE 56.36. APPLICATION

Subsection (a) amends the article to require that applications for
compensation  be made  on a form prescribed by the attorney general.
Currently, the statute allows applications to be filed on an alternate
form.  This amendment insures that applications for compensation are made
by use of an official government document. 

ARTICLE 56.37. TIME FOR FILING

 Subsection (a) amends the application filing deadline by extending the
time for filing an application from 1 year to 3 years from the date the
crime occurred. 

Subsection (c) is added to extend the application filing deadline for
child victims to 3 years after the claimant or victim is made aware of the
crime, but not after the child is 21 years of age. 

Subsection (d) amends the provision pertaining to the inability to file an
application to include  mental incapacity. 

Subsection (e) is deleted, which removes the current provisions pertaining
to filing deadlines  for child victims of crime. 

ARTICLE 56.41. APPROVAL OF CLAIM

Subsection (b)(7) is added to require the attorney general to deny an
application if the claimant or victim knowingly or intentionally submits
false or forged information. 

ARTICLE 56.42.  LIMITS ON COMPENSATION 

Subsection (a) amends the provision limiting the total amount of awards to
an individual claim by increasing the amount from $25,000 to $50,000. 

Subsection (b) amends the provision  to expand the total amount of
benefits available for victims suffering catastrophic injuries from
$25,000 to $50,000. 

ARTICLE 56.44.  PAYMENTS

Subsection (d) amends the provision governing to whom the attorney general
may make payments. The amendment allows payments to be made directly to a
provider on behalf of a victim or claimant. 

ARTICLE 56.45.  DENIAL OR REDUCTION OF AWARD

Subsection (3) deletes "another person, including" from the provision
pertaining to the reasons why the attorney general may deny or reduce an
award.  

ARTICLE 56.46.  REPORTING OF CRIME

Subsection (a) amends the reporting requirements by deleting the
requirement that a crime must be reported to law enforcement within 72
hours in order for the victim to eligible for benefits.   The amendment
also adds new language requiring that the crime be reported within a
reasonable period of time, but not so late as to interfere with or hamper
the  investigation or prosecution of the crime. 

ARTICLE 56.47.  RECONSIDERATION

Subsection (d) is deleted to allow unappealed reconsideration cases to
operate as final rulings.  

ARTICLE 56.48.  JUDICIAL REVIEW

Subsection (a) increases the time allotted to file a notice of
dissatisfaction and to bring suit in district court from 20 days to 40
days.   

ARTICLE 56.54.  FUNDS

 Subsection (b) amends the provision limiting the uses of the fund to
include the operation of the Crime Victims' Institute. 

Subsection (b) and(c) amends the current statute to reference the addition
of subsections (i) and (h) to this section. 

Subsection (h) is added to this section to allow one-quarter of the amount
of payments to be carried forward to the next fiscal year. 

Subsection (i) is added to provide language for an emergency reserve to be
established not to exceed $10,000,000.  This language provides that if
sufficient funds exist to satisfy compensation claims to victims, excess
monies may be earmarked as emergency reserve for the next fiscal year.
The emergency reserve would provide relief in the event of mass violence
in this state or for Texan  victims injured or killed in an act of
terrorism outside the United States. 

SECTION 2.  Changes in law made by this Act apply to a criminal offense or
violation that occurs on or after the effective date of this Act. 

SECTION 3.  Repeals Section 5.86(a),  Chapter 76, Acts of the 74th
Legislature, 1995.  This technical amendment removes language no longer
applicable to the act due to other legislative amendments over the past
two sessions.  The amendment has no effect on the Act or the
administration of the fund. 

SECTION 4.  Effective Date:  September 1, 1997.

SECTION 5.  Emergency Clause.




EXPLANATION OF AMENDMENTS

The amendment deleted from the caption the words ",and making an
appropriation."