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AN ACT
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relating to allowing certain claimants to file an application under |
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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. Article 56.37, Code of Criminal Procedure, is |
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amended by adding Subsection (e) to read as follows: |
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(e) For a claim that is based on criminally injurious |
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conduct in violation of Chapter 19, Penal Code, the claimant must |
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file an application not later than three years after the date the |
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identity of the victim is established by a law enforcement agency. |
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SECTION 2. Article 56.61, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 56.61. COMPENSATION FOR CERTAIN CRIMINALLY INJURIOUS |
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CONDUCT PROHIBITED; EXCEPTION. (a) Except as provided by |
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Subsection (b), the [The] attorney general may not award |
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compensation for pecuniary [economic] loss arising from criminally |
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injurious conduct that occurred before January 1, 1980. |
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(b) The attorney general may award compensation for |
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pecuniary loss arising from criminally injurious conduct that |
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occurred before January 1, 1980, if: |
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(1) the conduct was in violation of Chapter 19, Penal |
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Code; |
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(2) the identity of the victim is established by a law |
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enforcement agency on or after January 1, 2009, and the pecuniary |
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loss was incurred with respect to the victim's funeral or burial on |
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or after that date; and |
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(3) the claimant files the application for |
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compensation within the limitations period provided by Article |
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56.37(e). |
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SECTION 3. The change in law made by this Act applies only |
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to criminally injurious conduct committed against a victim whose |
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identity is established by a law enforcement agency on or after |
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January 1, 2009. Criminally injurious conduct committed against a |
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victim whose identity is established by a law enforcement agency |
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before January 1, 2009, is covered by the law in effect on the date |
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the victim's identity was established, and the former law is |
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continued in effect for that purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2916 was passed by the House on April |
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28, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2916 was passed by the Senate on May |
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27, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |