78R5498 EMT-D

By:  Rodriguez                                                    H.B. No. 1051


A BILL TO BE ENTITLED
AN ACT
relating to the compensation provided to a family violence or sexual assault victim for relocation and housing rental expenses. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Article 56.32(a)(9), Code of Criminal Procedure, is amended to read as follows: (9) "Pecuniary loss" means the amount of expense reasonably and necessarily incurred as a result of personal injury or death for: (A) medical, hospital, nursing, or psychiatric care or counseling, or physical therapy; (B) actual loss of past earnings and anticipated loss of future earnings and necessary travel expenses because of: (i) a disability resulting from the personal injury; (ii) the receipt of medically indicated services related to the disability resulting from the personal injury; or (iii) participation in or attendance at investigative, prosecutorial, or judicial processes related to the criminally injurious conduct and participation in or attendance at any postconviction or postadjudication proceeding relating to criminally injurious conduct; (C) care of a child or dependent; (D) funeral and burial expenses; (E) loss of support to a dependent, consistent with Article 56.41(b)(5); (F) reasonable and necessary costs of cleaning the crime scene; (G) reasonable replacement costs for clothing, bedding, or property of the victim seized as evidence or rendered unusable as a result of the criminal investigation; and (H) reasonable and necessary costs, as provided by Article 56.42(d), incurred by a victim of family violence or [a victim of] sexual assault [who is assaulted in the victim's place of residence] for relocation and housing rental assistance payments. SECTION 2. (a) This Act takes effect September 1, 2003. (b) The change in law made by this Act applies only to a victim of a criminal offense committed or a violation that occurs on or after the effective date of this Act. A criminal offense committed or a violation that occurs before the effective date of this Act is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, a criminal offense was committed or a violation occurred before the effective date of this Act if any element of the offense or violation occurred before that date.