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79R1879 BDH-D

By:  Hopson                                                       H.B. No. 690



A BILL TO BE ENTITLED

AN ACT

relating to the definition of criminally injurious conduct for 
purposes of the Crime Victims' Compensation Act.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 56.32(a)(4), Code of Criminal Procedure, 
is amended to read as follows:
		(4)  "Criminally injurious conduct" means conduct 
that:                     
			(A)  occurs or is attempted;                                                 
			(B)  poses a substantial threat of personal injury 
or death;               
			(C)  is punishable by fine, imprisonment, or 
death, or would be punishable by fine, imprisonment, or death if the 
person engaging in the conduct possessed capacity to commit the 
conduct; and
			(D)  does not arise out of the ownership, 
maintenance, or use of a motor vehicle, aircraft, or water vehicle, 
unless the conduct is intended to cause personal injury or death or 
the conduct is in violation of Section 545.157 or 545.401, 
Transportation Code, and results in bodily injury or death, or is in 
violation of Section 550.021, Transportation Code, or one or more 
of the following sections of the Penal Code:
				(i)  Section 19.04 (manslaughter);                                          
				(ii)  Section 19.05 (criminally negligent 
homicide);                      
				(iii)  Section 22.02 (aggravated assault);                                  
				(iv)  Section 22.05 (deadly conduct);                                
				(v)  Section 49.04 (driving while 
intoxicated);                    
				(vi) [(v)]  Section 49.05 (flying while 
intoxicated);
				(vii) [(vi)]  Section 49.06 (boating while 
intoxicated);
				(viii) [(vii)]  Section 49.07 (intoxication 
assault); or
				(ix) [(viii)]  Section 49.08 (intoxication 
manslaughter).
	SECTION 2.  The changes in law made by this Act apply only to 
compensation for criminally injurious conduct occurring on or after 
the effective date of this Act.  Compensation for criminally 
injurious conduct occurring before the effective date of this Act 
is covered by the law in effect when the conduct occurred, and the 
former law is continued in effect for that purpose.  For purposes of 
this section, criminally injurious conduct occurred before the 
effective date of this Act if any element of the offense underlying 
the conduct occurred before that date.
	SECTION 3.  This Act takes effect September 1, 2005.