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.