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."