By Finnell H.B. No. 2521
75R8878 JMC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the eligibility of certain persons to apply for
1-3 compensation under the Crime Victims' Compensation Act.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 56.32(a), Code of Criminal Procedure, is
1-6 amended by amending Subdivision (11) and adding Subdivision (12) to
1-7 read as follows:
1-8 (11) "Victim" means, except as provided by Subsection
1-9 (c):
1-10 (A) an individual who:
1-11 (i) suffers personal injury or death as a
1-12 result of criminally injurious conduct directed at the individual
1-13 or as a result of actions taken by the individual as an intervenor,
1-14 if the conduct or actions occurred in this state; and
1-15 (ii) is a resident of this state, another
1-16 state of the United States, the District of Columbia, the
1-17 Commonwealth of Puerto Rico, or a possession or territory of the
1-18 United States; [or]
1-19 (B) an individual who:
1-20 (i) suffers personal injury or death as a
1-21 result of criminally injurious conduct directed at the individual
1-22 or as a result of actions taken by the individual as an intervenor,
1-23 if the conduct or actions occurred in a state that does not have a
1-24 crime victims' compensation program that meets the requirements of
2-1 Section 1403(b), Crime Victims Compensation Act of 1984 (42 U.S.C.
2-2 Section 10602(b));
2-3 (ii) is a resident of this state; and
2-4 (iii) would be entitled to compensation
2-5 under this subchapter if the criminally injurious conduct or
2-6 actions had occurred in this state; or
2-7 (C) an individual who:
2-8 (i) suffers personal injury or death as a
2-9 result of criminally injurious conduct relating to international
2-10 terrorism; and
2-11 (ii) is a resident of this state.
2-12 (12) In this subchapter, "international terrorism"
2-13 means any unlawful act occurring in a jurisdiction outside of the
2-14 United States, including any completed or preparatory offense,
2-15 involving the use of a deadly weapon or dangerous instrument, or
2-16 the intentional or knowing infliction of physical injury or
2-17 criminal damage to property, committed for political or financial
2-18 gain with the intent to intimidate or coerce the United States or
2-19 any of its political subdivisions, agencies, instrumentalities,
2-20 officers, or agents.
2-21 SECTION 2. (a) The change in law made by this Act applies
2-22 only to a claim for compensation for criminally injurious conduct
2-23 occurring on or after the effective date of this Act. For purposes
2-24 of this section, conduct occurs before the effective date of this
2-25 Act if any element of the offense that is included in the
2-26 criminally injurious conduct occurs before that date.
2-27 (b) An application for compensation based on criminally
3-1 injurious conduct occurring before the effective date of this Act
3-2 is covered by the law in effect when the offense that is included
3-3 in the criminally injurious conduct was committed, and the former
3-4 law is continued in effect for that purpose.
3-5 SECTION 3. This Act takes effect September 1, 1997.
3-6 SECTION 4. The importance of this legislation and the
3-7 crowded condition of the calendars in both houses create an
3-8 emergency and an imperative public necessity that the
3-9 constitutional rule requiring bills to be read on three several
3-10 days in each house be suspended, and this rule is hereby suspended.