BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 2823

79R6832 KEG-F                                                                                                    By: Rose (Madla)

                                                                                                                                   Criminal Justice

                                                                                                                                            5/16/2005

                                                                                                                                           Engrossed

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

Article 56.542, Code of Criminal Procedure, provides for supplemental income payments to peace officers who are disabled in the line of duty from criminal conduct.  The attorney general makes these payments from the Crime Victims Compensation Fund.  The law currently requires that these payments be made annually.  Receiving assistance only once a year puts an undue hardship on a disabled peace officer who needs the income to support a family.  Currently, there is no provision in the law that would allow for payments to be made in equal monthly installments, instead of a single annual payment.

 

H.B. 2823 allows a disabled peace officer to elect to receive disability income payments in a single annual payment or equal monthly installments.

 

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 Article 56.542, Code of Criminal Procedure, by adding Subsection (1), to authorize a peace officer who is entitled to an annual payment under Subsection (b), for a disability sustained in the line of duty resulting from criminally injurious conduct, to elect to receive the payment in a single payment paid each year or equal monthly installments.

 

SECTION 2.  Effective date:  upon passage or September 1, 2005.