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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of crime victims' compensation to |
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juvenile offenders who are victims of criminally injurious conduct. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 56.35, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 56.35. TYPES OF ASSISTANCE. (a) If the attorney |
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general approves an application for compensation under Article |
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56.41, the attorney general shall determine what type of state |
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assistance will best aid the claimant or victim. Subject to |
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Subsection (b), the [The] attorney general may do one or more of the |
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following: |
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(1) authorize cash payment or payments to or on behalf |
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of a claimant or victim for pecuniary loss; |
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(2) refer a claimant or victim to a state agency for |
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vocational or other rehabilitative services; or |
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(3) provide counseling services for a claimant or |
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victim or contract with a private entity to provide counseling |
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services. |
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(b) The attorney general may provide the assistance |
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authorized by Subsection (a)(2) or (3) to a victim who is committed |
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to, attending, or residing in a facility, home, or institution |
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described by Article 56.41(e)(1), (2), (3), or (4) only if the |
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facility, home, or institution does not offer the same or similar |
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assistance to the victim. |
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SECTION 2. 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) Notwithstanding Subsections (a) and (c), a claimant or |
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victim filing an application with respect to a victim of criminally |
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injurious conduct committed to, attending, or residing in a |
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facility, home, or institution described by Article 56.41(e)(1), |
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(2), (3), or (4) may file the application not later than September |
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1, 2012, if the conduct occurred on or after September 1, 2003, and |
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before September 1, 2009. This subsection expires October 1, 2012. |
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SECTION 3. Article 56.41, Code of Criminal Procedure, is |
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amended by amending Subsection (b) and adding Subsections (d) and |
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(e) to read as follows: |
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(b) The attorney general shall deny an application for |
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compensation under this subchapter if: |
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(1) the criminally injurious conduct is not reported |
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as provided by Article 56.46; |
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(2) the application is not made in the manner provided |
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by Articles 56.36 and 56.37; |
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(3) the claimant or victim knowingly and willingly |
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participated in the criminally injurious conduct; |
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(4) the claimant or victim is the offender or an |
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accomplice of the offender; |
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(5) an award of compensation to the claimant or victim |
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would benefit the offender or an accomplice of the offender; |
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(6) the claimant or victim was incarcerated in a penal |
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institution[, as defined by Section 1.07, Penal Code,] at the time |
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the offense was committed; or |
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(7) the claimant or victim knowingly or intentionally |
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submits false or forged information to the attorney general. |
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(d) The attorney general may not deny an otherwise payable |
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award because the criminally injurious conduct on which the |
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application is based occurred while the victim was committed to, |
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attending, or residing in a facility, home, or institution |
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described by Subsection (e)(1), (2), (3), or (4). |
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(e) In this article, "penal institution" means a facility |
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operated by or under contract with the Texas Department of Criminal |
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Justice or a municipal or county jail. The term does not include: |
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(1) a "secure correctional facility" or "secure |
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detention facility" as defined by Section 51.02, Family Code; |
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(2) a facility, home, or institution licensed under or |
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accredited in accordance with Chapter 42, Human Resources Code, if |
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a juvenile offender is required to attend or reside at the facility, |
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home, or institution under a court order issued under Section |
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54.04, Family Code; |
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(3) a residential facility for juvenile offenders, |
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other than a secure correctional facility or a secure detention |
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facility described by Subdivision (1), that is operated by or under |
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contract with the state or a political subdivision of the state and |
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in which a juvenile offender is required to reside under a court |
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order issued under Section 54.04, Family Code; or |
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(4) a facility or institution that is operated by or |
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under contract with the Texas Youth Commission and is not otherwise |
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described by this subsection. |
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SECTION 4. The change in law made by this Act applies only |
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to compensation for criminally injurious conduct occurring on or |
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after September 1, 2003. Compensation for criminally injurious |
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conduct occurring before September 1, 2003, is covered by the law in |
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effect when the conduct occurred, and the former law is continued in |
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effect for that purpose. For purposes of this section, criminally |
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injurious conduct occurred before September 1, 2003, if any element |
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of the offense underlying the conduct occurred before that date. |
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SECTION 5. This Act takes effect September 1, 2009. |