SRC-TJG H.B. 1895 78(R)BILL ANALYSIS


Senate Research CenterH.B. 1895
By: Hope (Staples)
Criminal Justice
5/23/2003
Committee Report (Amended)


DIGEST AND PURPOSE 

Immediate family members of deceased crime victims often suffer pecuniary
losses of wages and travel expenses as a direct result of the sudden and
unexpected death of their loved one(s) due to a violent crime. Most close
survivors of a victim are not in a position to absorb this unexpected
financial loss. Some employers offer a paid bereavement leave to their
employees, however, it is not the practice of all employers. 

H.B. 1895 provides limited compensation for certain survivors of deceased
crime victims for out-of-pocket travel expenses associated with attending
the funeral, and provides a bereavement period to reimburse lost wages for
up to 10 work days, or a maximum of $1,000. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Articles 56.32(a)(2), and (9), Code of Criminal
Procedure, as follows: 

(2) Redefines "claimant."

(9) Redefines "pecuniary loss."

SECTION 2.  Amends Article 56.42, Code of Criminal Procedure, as follows:

(c) Authorizes the attorney general, by rule, to establish limitations on
any other pecuniary loss compensated for under this subchapter, including
limitations on pecuniary loss incurred as a result of a claimant's travel
to and attendance of a deceased victim's funeral. 

(e) Prohibits an immediate family member of a deceased victim from
receiving more than $1,000 in lost wages as a result of bereavement leave
taken by the family member. 

SECTION 3.  (a) Effective date: September 1, 2003.

(b) Makes application of this Act prospective.

LIST OF COMMITTEE AMENDMENTS

Committee Amendment No 1:

Amends H.B. 1895 (house engrossment) as follows:

 (1) In SECTION 1 of the bill, in amended Article 56.32(a)(2), Code of
Criminal Procedure  (page 1, lines 19 and 20), strike "[or household
member]" and substitute "or household member". 

 (2) In SECTION 1 of the bill, in amended Article 56.32(a)(9), Code of
Criminal Procedure (page 2, line 26), between "member" and "of", insert
"or household member". 

 (3) In SECTION 1 of the bill, in amended Article 56.32(a)(9), Code of
Criminal Procedure (page 3, line 13), between "member" and "of", insert
"or household member". 

 (4) In SECTION 2 of the bill, in proposed Article 56.42(e), Code of
Criminal Procedure (page 3, line 22), between "member" and "of", insert
"or household member". 

 (5) In SECTION 2 of the bill, in proposed Article 56.42(e), Code of
Criminal Procedure (page 3, line 24), between "family" and "member",
insert "or household".