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.

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