By Gallego H.B. No. 519
77R2940 ATP-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the compensation to victims of family violence or
1-3 sexual assault for relocation and housing rental expenses.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 56.32(a)(9), Code of Criminal Procedure,
1-6 is amended to read as follows:
1-7 (9) "Pecuniary loss" means the amount of expense
1-8 reasonably and necessarily incurred as a result of personal injury
1-9 or death for:
1-10 (A) medical, hospital, nursing, or psychiatric
1-11 care or counseling, or physical therapy;
1-12 (B) actual loss of past earnings and anticipated
1-13 loss of future earnings and necessary travel expenses because of:
1-14 (i) a disability resulting from the
1-15 personal injury;
1-16 (ii) the receipt of medically indicated
1-17 services related to the disability resulting from the personal
1-18 injury; or
1-19 (iii) participation in or attendance at
1-20 investigative, prosecutorial, or judicial processes related to the
1-21 criminally injurious conduct and participation in or attendance at
1-22 any postconviction or postadjudication proceeding relating to
1-23 criminally injurious conduct;
1-24 (C) care of a child or dependent;
2-1 (D) funeral and burial expenses;
2-2 (E) loss of support to a dependent, consistent
2-3 with Article 56.41(b)(5);
2-4 (F) reasonable and necessary costs of cleaning
2-5 the crime scene;
2-6 (G) reasonable replacement costs for clothing,
2-7 bedding, or property of the victim seized as evidence or rendered
2-8 unusable as a result of the criminal investigation; and
2-9 (H) reasonable and necessary costs, as provided
2-10 by Article 56.42(d), incurred by a victim of family [domestic]
2-11 violence or sexual assault for relocation and housing rental
2-12 assistance payments.
2-13 SECTION 2. Article 56.32(a), Code of Criminal Procedure, is
2-14 amended by adding Subdivision (12) to read as follows:
2-15 (12) "Family violence" means an act taken by a person
2-16 against a member of the person's immediate family or household that
2-17 is intended to result in personal injury or that places the member
2-18 of the person's immediate family or household in fear of imminent
2-19 personal injury. The term includes an assault or sexual assault.
2-20 The term does not include an act taken in self-defense. For the
2-21 purposes of this subdivision, "household" has the meaning assigned
2-22 by Section 71.005, Family Code, and "member of a household" has the
2-23 meaning assigned by Section 71.006, Family Code.
2-24 SECTION 3. Article 56.42(d), Code of Criminal Procedure, is
2-25 amended to read as follows:
2-26 (d) A victim who is a victim of family [domestic] violence
2-27 or sexual assault may receive a onetime-only assistance payment in
3-1 an amount not to exceed:
3-2 (1) $2,000 to be used for relocation expenses,
3-3 including expenses for rental deposit, utility connections,
3-4 expenses relating to the moving of belongings, motor vehicle
3-5 mileage expenses, and for out-of-state moves, transportation,
3-6 lodging, and meals; and
3-7 (2) $1,800 to be used for housing rental expenses.
3-8 SECTION 4. This Act takes effect September 1, 2001. The
3-9 changes in law made by this Act apply only to a victim of a
3-10 criminal offense committed or a violation that occurs on or after
3-11 the effective date of this Act. For purposes of this Act, a
3-12 criminal offense is committed or a violation occurs before the
3-13 effective date of this Act if any element of the offense or
3-14 violation occurs before that date. A criminal offense committed or
3-15 a violation that occurs before the effective date of this Act is
3-16 covered by the law in effect when the criminal offense was
3-17 committed or the violation occurred, and the former law is
3-18 continued in effect for that purpose.