By: Moncrief, et al. S.B. No. 987
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the use of excess money in the compensation to victims
1-2 of crime fund and transferring certain amounts of money from the
1-3 fund for certain law enforcement purposes.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 56.54, Code of Criminal Procedure, is
1-6 amended by adding Subsections (h) and (i) to read as follows:
1-7 (h) In addition to the purposes provided by Subsection (b),
1-8 the legislature may appropriate money in the compensation to
1-9 victims of crime fund to state agencies for a program or purpose
1-10 that provides substantial and direct benefits, services, or
1-11 assistance to victims, guardians of victims, or immediate family
1-12 members of victims. For purposes of this subsection, "victim"
1-13 means:
1-14 (1) a victim as defined by Article 56.32; or
1-15 (2) a person who suffers death or personal injury as a
1-16 result of conduct by a juvenile that, if committed by an adult,
1-17 would constitute criminally injurious conduct.
1-18 (i) Subsection (h) and this subsection expire September 1,
1-19 1999.
1-20 SECTION 2. Subsection (b), Article 56.54, Code of Criminal
1-21 Procedure, is amended to read as follows:
1-22 (b) Except as provided by Article 56.541, the [The]
1-23 compensation to victims of crime fund may be used only by the
2-1 attorney general [only] for the payment of compensation to
2-2 claimants or victims under this subchapter and other expenses in
2-3 administering this subchapter.
2-4 SECTION 3. Subchapter B, Chapter 56, Code of Criminal
2-5 Procedure, is amended by adding Article 56.541 to read as follows:
2-6 Art. 56.541. APPROPRIATION OF EXCESS MONEY FOR OTHER CRIME
2-7 VICTIM ASSISTANCE. (a) Not later than December 15 of each
2-8 even-numbered year, the attorney general, after consulting with the
2-9 comptroller, shall prepare forecasts and certify estimates of:
2-10 (1) the amount of money that the attorney general
2-11 anticipates will be received from deposits made to the credit of
2-12 the compensation to victims of crime fund during the next state
2-13 fiscal biennium, other than deposits of:
2-14 (A) gifts, grants, and donations; and
2-15 (B) money received from the United States; and
2-16 (2) the amount of money that the attorney general
2-17 anticipates will be obligated during the next state fiscal biennium
2-18 to comply with this chapter.
2-19 (b) At the time the attorney general certifies the estimates
2-20 made under Subsection (a), the attorney general shall also certify
2-21 for the next state fiscal biennium the amount of excess money in
2-22 the compensation to victims of crime fund for purposes of
2-23 Subsection (c), calculated by multiplying the amount estimated
2-24 under Subsection (a)(2) by 115 percent and subtracting that product
2-25 from the amount estimated under Subsection (a)(1).
3-1 (c) For a state fiscal biennium, the legislature may
3-2 appropriate from the compensation to victims of crime fund the
3-3 amount of excess money in the fund certified for the biennium under
3-4 Subsection (b) for a program or purpose that provides substantial
3-5 and direct benefits, services, or assistance to victims, guardians
3-6 of victims, or immediate family members of victims. For purposes
3-7 of this subsection, "victim" means:
3-8 (1) a victim as defined by Article 56.32; or
3-9 (2) a person who suffers death or personal injury as a
3-10 result of conduct by a juvenile that, if committed by an adult,
3-11 would constitute criminally injurious conduct.
3-12 (d) The attorney general and the comptroller shall cooperate
3-13 in determining the proper allocation of the various sources of
3-14 revenue deposited to the credit of the compensation to victims of
3-15 crime fund for purposes of this article.
3-16 SECTION 4. Subchapter A, Chapter 411, Government Code, is
3-17 amended by adding Section 411.0097 to read as follows:
3-18 Sec. 411.0097. FUGITIVE APPREHENSION ACCOUNT. The fugitive
3-19 apprehension account is a special account in the general revenue
3-20 fund. The legislature may appropriate funds in the account only
3-21 for the purpose of paying for the cost to the department of
3-22 apprehending individuals for whom warrants have been issued under
3-23 Section 13, Article 42.18, Code of Criminal Procedure.
3-24 SECTION 5. (a) Except as provided by Subsection (b) of this
3-25 section, this Act takes effect immediately.
4-1 (b) Sections 2 and 3 of this Act take effect September 1,
4-2 1997. The attorney general shall make the first estimates required
4-3 by Article 56.541, Code of Criminal Procedure, as added by this
4-4 Act, for the state fiscal biennium beginning September 1, 1999, and
4-5 the legislature may not appropriate excess money in the
4-6 compensation to victims of crime fund as provided by Article
4-7 56.541, Code of Criminal Procedure, as added by this Act, for a
4-8 biennium before the state fiscal biennium beginning September 1,
4-9 1999.
4-10 (c) Notwithstanding Subsection (b), Article 56.54, Code of
4-11 Criminal Procedure, as amended by this Act, on September 1, 1997,
4-12 the comptroller shall transfer $8 million from the compensation to
4-13 victims of crime fund established under Subchapter B, Chapter 56,
4-14 Code of Criminal Procedure, to the fugitive apprehension account
4-15 established under Section 411.0097, Government Code, as added by
4-16 this Act.
4-17 SECTION 6. Notwithstanding Subsection (b), Article 56.54,
4-18 Code of Criminal Procedure, as amended by this Act, on September 1,
4-19 1997, the comptroller shall transfer $650,000 from the compensation
4-20 to victims of crime fund established under Subchapter B, Chapter
4-21 56, Code of Criminal Procedure, to an account in the state treasury
4-22 to be known as the DNA Testing Fund. Money in the DNA Testing Fund
4-23 may be appropriated only to the University of North Texas for:
4-24 (1) the purchase of equipment and machinery, including
4-25 software and hardware, the principal function of which is the
5-1 testing of DNA, the processing or delivery of DNA test results, the
5-2 retrieval or extraction of DNA samples, or any other laboratory DNA
5-3 analysis, used in the investigation of crimes or the identification
5-4 of crime victims; or
5-5 (2) the hiring of personnel for administering the DNA
5-6 testing program.
5-7 SECTION 7. The importance of this legislation and the
5-8 crowded condition of the calendars in both houses create an
5-9 emergency and an imperative public necessity that the
5-10 constitutional rule requiring bills to be read on three several
5-11 days in each house be suspended, and this rule is hereby suspended,
5-12 and that this Act take effect and be in force from and after its
5-13 passage, and it is so enacted.