1-1 By: Moncrief, et al. S.B. No. 987
1-2 (In the Senate - Filed March 6, 1997; March 10, 1997, read
1-3 first time and referred to Committee on Finance; April 9, 1997,
1-4 reported adversely, with favorable Committee Substitute by the
1-5 following vote: Yeas 13, Nays 0; April 9, 1997, sent to printer.)
1-6 COMMITTEE SUBSTITUTE FOR S.B. No. 987 By: Moncrief
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the use of excess money in the compensation to victims
1-10 of crime fund.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Article 56.54, Code of Criminal Procedure, is
1-13 amended by adding Subsections (h) and (i) to read as follows:
1-14 (h) In addition to the purposes provided by Subsection (b),
1-15 the legislature may appropriate money in the compensation to
1-16 victims of crime fund to state agencies for a program or purpose
1-17 that provides substantial and direct benefits, services, or
1-18 assistance to victims, guardians of victims, or immediate family
1-19 members of victims. For purposes of this subsection, "victim"
1-20 means:
1-21 (1) a victim as defined by Article 56.32; or
1-22 (2) a person who suffers death or personal injury as a
1-23 result of conduct by a juvenile that, if committed by an adult,
1-24 would constitute criminally injurious conduct.
1-25 (i) Subsection (h) and this subsection expire September 1,
1-26 1999.
1-27 SECTION 2. Subsection (b), Article 56.54, Code of Criminal
1-28 Procedure, is amended to read as follows:
1-29 (b) Except as provided by Article 56.541, the [The]
1-30 compensation to victims of crime fund may be used only by the
1-31 attorney general [only] for the payment of compensation to
1-32 claimants or victims under this subchapter and other expenses in
1-33 administering this subchapter.
1-34 SECTION 3. Subchapter B, Chapter 56, Code of Criminal
1-35 Procedure, is amended by adding Article 56.541 to read as follows:
1-36 Art. 56.541. APPROPRIATION OF EXCESS MONEY FOR OTHER CRIME
1-37 VICTIM ASSISTANCE. (a) Not later than December 15 of each
1-38 even-numbered year, the attorney general, after consulting with the
1-39 comptroller, shall prepare forecasts and certify estimates of:
1-40 (1) the amount of money that the attorney general
1-41 anticipates will be received from deposits made to the credit of
1-42 the compensation to victims of crime fund during the next state
1-43 fiscal biennium, other than deposits of:
1-44 (A) gifts, grants, and donations; and
1-45 (B) money received from the United States; and
1-46 (2) the amount of money that the attorney general
1-47 anticipates will be obligated during the next state fiscal biennium
1-48 to comply with this chapter.
1-49 (b) At the time the attorney general certifies the estimates
1-50 made under Subsection (a), the attorney general shall also certify
1-51 for the next state fiscal biennium the amount of excess money in
1-52 the compensation to victims of crime fund for purposes of
1-53 Subsection (c), calculated by multiplying the amount estimated
1-54 under Subsection (a)(2) by 115 percent and subtracting that product
1-55 from the amount estimated under Subsection (a)(1).
1-56 (c) For a state fiscal biennium, the legislature may
1-57 appropriate from the compensation to victims of crime fund the
1-58 amount of excess money in the fund certified for the biennium under
1-59 Subsection (b) for a program or purpose that provides substantial
1-60 and direct benefits, services, or assistance to victims, guardians
1-61 of victims, or immediate family members of victims. For purposes
1-62 of this subsection, "victim" means:
1-63 (1) a victim as defined by Article 56.32; or
1-64 (2) a person who suffers death or personal injury as a
2-1 result of conduct by a juvenile that, if committed by an adult,
2-2 would constitute criminally injurious conduct.
2-3 (d) The attorney general and the comptroller shall cooperate
2-4 in determining the proper allocation of the various sources of
2-5 revenue deposited to the credit of the compensation to victims of
2-6 crime fund for purposes of this article.
2-7 SECTION 4. (a) Except as provided by Subsection (b) of this
2-8 section, this Act takes effect immediately.
2-9 (b) Sections 2 and 3 of this Act take effect September 1,
2-10 1997. The attorney general shall make the first estimates required
2-11 by Article 56.541, Code of Criminal Procedure, as added by this
2-12 Act, for the state fiscal biennium beginning September 1, 1999, and
2-13 the legislature may not appropriate excess money in the
2-14 compensation to victims of crime fund as provided by Article
2-15 56.541, Code of Criminal Procedure, as added by this Act, for a
2-16 biennium before the state fiscal biennium beginning September 1,
2-17 1999.
2-18 SECTION 5. The importance of this legislation and the
2-19 crowded condition of the calendars in both houses create an
2-20 emergency and an imperative public necessity that the
2-21 constitutional rule requiring bills to be read on three several
2-22 days in each house be suspended, and this rule is hereby suspended,
2-23 and that this Act take effect and be in force from and after its
2-24 passage, and it is so enacted.
2-25 * * * * *