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A BILL TO BE ENTITLED
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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 the |
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effective date of this Act. Criminally injurious conduct committed |
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against a victim whose identity is established by a law enforcement |
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agency before the effective date of this Act is covered by the law |
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in effect on the date the victim's identity was established, and the |
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former law is 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. |