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AN ACT
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relating to the definition of criminally injurious conduct for |
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purposes of the Crime Victims' Compensation Act. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subdivision (4), Subsection (a), Section 56.32, |
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Code of Criminal Procedure, is amended to read as follows: |
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(4) "Criminally injurious conduct" means conduct |
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that: |
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(A) occurs or is attempted; |
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(B) poses a substantial threat of personal injury |
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or death; |
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(C) is punishable by fine, imprisonment, or |
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death, or would be punishable by fine, imprisonment, or death if the |
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person engaging in the conduct possessed capacity to commit the |
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conduct; and |
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(D) does not arise out of the ownership, |
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maintenance, or use of a motor vehicle, aircraft, or water vehicle, |
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unless the conduct is intended to cause personal injury or death or |
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the conduct is in violation of Section 545.157 or 545.401, |
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Transportation Code, and results in bodily injury or death, or is in |
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violation of Section 550.021, Transportation Code, or one or more |
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of the following sections of the Penal Code: |
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(i) Section 19.04 (manslaughter); |
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(ii) Section 19.05 (criminally negligent |
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homicide); |
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(iii) Section 22.02 (aggravated assault); |
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(iv) Section 22.05 (deadly conduct); |
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(v) Section 49.04 (driving while |
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intoxicated); |
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(vi) [(v)] Section 49.05 (flying while |
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intoxicated); |
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(vii) [(vi)] Section 49.06 (boating while |
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intoxicated); |
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(viii) [(vii)] Section 49.07 (intoxication |
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assault); or |
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(ix) [(viii)] Section 49.08 (intoxication |
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manslaughter). |
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SECTION 2. The changes in law made by this Act apply only to |
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compensation for criminally injurious conduct occurring on or after |
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the effective date of this Act. Compensation for criminally |
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injurious conduct occurring before the effective date of this Act |
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is covered by the law in effect when the conduct occurred, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, criminally injurious conduct occurred before the |
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effective date of this Act if any element of the offense underlying |
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the conduct occurred before that date. |
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SECTION 3. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 157 passed the Senate on |
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April 19, 2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 157 passed the House on |
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May 17, 2007, by the following vote: Yeas 143, Nays 0, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |