|
|
|
|
AN ACT
|
|
relating to allowing certain claimants to file an application under |
|
the Crime Victims' Compensation Act. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Article 56.37, Code of Criminal Procedure, is |
|
amended by adding Subsection (e) to read as follows: |
|
(e) For a claim that is based on criminally injurious |
|
conduct in violation of Chapter 19, Penal Code, the claimant must |
|
file an application not later than three years after the date the |
|
identity of the victim is established by a law enforcement agency. |
|
SECTION 2. Article 56.61, Code of Criminal Procedure, is |
|
amended to read as follows: |
|
Art. 56.61. COMPENSATION FOR CERTAIN CRIMINALLY INJURIOUS |
|
CONDUCT PROHIBITED; EXCEPTION. (a) Except as provided by |
|
Subsection (b), the [The] attorney general may not award |
|
compensation for pecuniary [economic] loss arising from criminally |
|
injurious conduct that occurred before January 1, 1980. |
|
(b) The attorney general may award compensation for |
|
pecuniary loss arising from criminally injurious conduct that |
|
occurred before January 1, 1980, if: |
|
(1) the conduct was in violation of Chapter 19, Penal |
|
Code; |
|
(2) the identity of the victim is established by a law |
|
enforcement agency on or after September 1, 2009; and |
|
(3) the claimant files the application for |
|
compensation within the limitations period provided by Article |
|
56.37(e). |
|
SECTION 3. The change in law made by this Act applies only |
|
to criminally injurious conduct committed against a victim whose |
|
identity is established by a law enforcement agency on or after the |
|
effective date of this Act. Criminally injurious conduct committed |
|
against a victim whose identity is established by a law enforcement |
|
agency before the effective date of this Act is covered by the law |
|
in effect on the date the victim's identity was established, and the |
|
former law is continued in effect for that purpose. |
|
SECTION 4. This Act takes effect September 1, 2009. |
|
|
|
|
|
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
I hereby certify that S.B. No. 808 passed the Senate on |
|
April 9, 2009, by the following vote: Yeas 31, Nays 0. |
|
|
|
|
______________________________ |
|
Secretary of the Senate |
|
|
I hereby certify that S.B. No. 808 passed the House on |
|
May 26, 2009, by the following vote: Yeas 143, Nays 0, two |
|
present not voting. |
|
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
|
|
Approved: |
|
|
|
______________________________ |
|
Date |
|
|
|
|
|
______________________________ |
|
Governor |