By: Whitmire  S.B. No. 1713
         (In the Senate - Filed March 11, 2011; March 23, 2011, read
  first time and referred to Committee on Criminal Justice;
  May 12, 2011, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 7, Nays 0; May 12, 2011,
  sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1713 By:  Whitmire
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to compensation under the Crime Victims' Compensation Act
  for forensic medical examinations performed with respect to victims
  of family violence.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subdivision (9), Subsection (a), Article 56.32,
  Code of Criminal Procedure, is amended to read as follows:
               (9)  "Pecuniary loss" means the amount of expense
  reasonably and necessarily incurred as a result of personal injury
  or death for:
                     (A)  medical, hospital, nursing, or psychiatric
  care or counseling, or physical therapy;
                     (B)  actual loss of past earnings and anticipated
  loss of future earnings and necessary travel expenses because of:
                           (i)  a disability resulting from the
  personal injury;
                           (ii)  the receipt of medically indicated
  services related to the disability resulting from the personal
  injury; or
                           (iii)  participation in or attendance at
  investigative, prosecutorial, or judicial processes related to the
  criminally injurious conduct and participation in or attendance at
  any postconviction or postadjudication proceeding relating to
  criminally injurious conduct;
                     (C)  care of a child or dependent;
                     (D)  funeral and burial expenses, including, for
  an immediate family member or household member of the victim, the
  necessary expenses of traveling to and attending the funeral;
                     (E)  loss of support to a dependent, consistent
  with Article 56.41(b)(5);
                     (F)  reasonable and necessary costs of cleaning
  the crime scene;
                     (G)  reasonable replacement costs for clothing,
  bedding, or property of the victim seized as evidence or rendered
  unusable as a result of the criminal investigation;
                     (H)  reasonable and necessary costs, as provided
  by Article 56.42(d), incurred by a victim of family violence or a
  victim of sexual assault who is assaulted in the victim's place of
  residence for relocation and housing rental assistance payments;
                     (I)  for an immediate family member or household
  member of a deceased victim, bereavement leave of not more than 10
  work days; [and]
                     (J)  reasonable and necessary costs of traveling
  to and from a place of execution for the purpose of witnessing the
  execution, including one night's lodging near the place at which
  the execution is conducted; and
                     (K)  a forensic medical examination performed
  with respect to a victim of family violence.
         SECTION 2.  The change in law made by this Act applies only
  to a victim of a criminal offense committed or a violation that
  occurs on or after the effective date of this Act.  A criminal
  offense committed or a violation that occurs before the effective
  date of this Act is governed by the law in effect on the date the
  offense was committed or the violation occurred, and the former law
  is continued in effect for that purpose. For purposes of this
  section, a criminal offense was committed or a violation occurred
  before the effective date of this Act if any element of the offense
  or violation occurred before that date.
         SECTION 3.  This Act takes effect September 1, 2011.
 
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