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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of money paid as restitution to or on behalf of |
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certain individuals depicted in child pornography. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 42.037, Code of Criminal Procedure, is |
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amended by adding Subsection (r) to read as follows: |
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(r) The court shall order a defendant convicted of an |
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offense under Section 43.26, Penal Code, to make restitution to: |
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(1) an individual who as a child younger than 18 years |
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of age was depicted in the visual material, in an amount equal to |
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the expenses incurred by the individual as a result of the offense, |
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including: |
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(A) medical services relating to physical, |
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psychiatric, or psychological care; |
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(B) physical and occupational therapy or |
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rehabilitation; |
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(C) necessary transportation, temporary housing, |
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and child care expenses; |
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(D) lost income; and |
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(E) attorney's fees; or |
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(2) the compensation to child pornography victims fund |
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under Article 56.55 to the extent that: |
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(A) the fund has paid compensation to or on |
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behalf of the individual; or |
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(B) the court is unable to identify an individual |
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who as a child was depicted in the visual material, in an amount |
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determined by the court after considering: |
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(i) the average amount of the expenses |
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incurred by, and restitution ordered to, individuals in other |
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similar cases involving a conviction for an offense under Section |
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43.26, Penal Code; and |
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(ii) other factors the court considers |
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appropriate. |
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SECTION 2. Article 56.54(b), Code of Criminal Procedure, is |
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amended to read as follows: |
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(b) Except as provided by Subsections (h), (i), (j), and (k) |
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and Articles [Article] 56.541 and 56.55, the compensation to |
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victims of crime fund may be used only by the attorney general for |
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the payment of compensation to claimants or victims under this |
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subchapter. For purposes of this subsection, compensation to |
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claimants or victims includes money allocated from the fund to the |
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Crime Victims' Institute created by Section 96.65, Education Code, |
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for the operation of the institute and for other expenses in |
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administering this subchapter. The institute shall use money |
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allocated from the fund only for the purposes of Sections 96.65, |
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96.651, and 96.652, Education Code. |
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SECTION 3. Subchapter B, Chapter 56, Code of Criminal |
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Procedure, is amended by adding Article 56.55 to read as follows: |
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Art. 56.55. COMPENSATION TO CHILD PORNOGRAPHY VICTIMS FUND; |
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PAYMENT OF AWARDS OR EXPENSES. (a) The compensation to child |
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pornography victims fund is an account in the general revenue fund. |
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Money in the account may be used only to: |
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(1) award compensation under this article; or |
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(2) provide grants related to preventing child |
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pornography and related offenses, including trafficking of |
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persons. |
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(b) The attorney general shall: |
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(1) adopt rules governing the administration of the |
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compensation to child pornography victims fund, including rules |
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establishing procedures for the application, review, and award of |
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compensation or the issuance of a grant under this article; and |
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(2) notwithstanding any other provision of this |
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subchapter, transfer money from the compensation to child |
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pornography victims fund to a subaccount in the compensation to |
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victims of crime fund as necessary to award compensation or provide |
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a grant under this article. |
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(c) The attorney general shall award compensation to an |
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individual who as a child younger than 18 years of age was depicted |
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in visual material constituting the basis for one or more |
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convictions under Section 43.26, Penal Code, if the attorney |
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general finds by a preponderance of the evidence that sufficient |
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grounds exist for compensation under this article. |
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(d) An applicant for compensation under this article must |
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apply in writing on a form prescribed by the attorney general. The |
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applicant is not required to file an application under Article |
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56.36 to receive compensation under this article. |
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(e) An award for compensation under this article must be in |
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an amount equal to the expenses incurred by the individual as a |
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result of the offense, including: |
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(1) medical services relating to physical, |
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psychiatric, or psychological care; |
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(2) physical and occupational therapy or |
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rehabilitation; |
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(3) necessary transportation, temporary housing, and |
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child care expenses; |
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(4) loss of past earnings; and |
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(5) attorney's fees for assistance in obtaining |
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compensation under this article. |
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(f) The attorney general shall reduce an award under this |
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article by the amount of restitution received by or on behalf of the |
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individual under Article 42.037 and may reduce the award to the |
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extent that the applicable expenses are recouped from another |
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collateral source, including compensation awarded under Article |
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56.34. |
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(g) The attorney general may provide for the payment of an |
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award under this article in a lump sum or in installments. |
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(h) The attorney general by rule may limit the amount of |
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award that is payable to an individual under this article. |
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(i) The attorney general may use the compensation to victims |
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of crime fund to pay expenses associated with the administration of |
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the compensation to the child pornography victims fund under this |
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article. |
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(j) The attorney general may delegate a power, duty, or |
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responsibility given to the attorney general under this article to |
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a person in the attorney general's office. |
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(k) The name of an individual awarded compensation under |
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this article and any other identifying information regarding that |
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individual are confidential and not subject to disclosure under |
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Chapter 552, Government Code. |
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(l) To the extent of any conflict between this article and |
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another article of this subchapter regarding conduct for which |
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compensation may be awarded, this article controls. |
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SECTION 4. The change in law made by this Act applies only |
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to a conviction for a criminal offense committed on or after the |
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effective date of this Act. A criminal offense committed before the |
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effective date of this Act is governed by the law in effect on the |
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date the offense was committed, and the former law is continued in |
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effect for that purpose. For purposes of this section, a criminal |
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offense was committed before the effective date of this Act if any |
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element of the offense occurred before that date. |
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SECTION 5. This Act takes effect September 1, 2015. |