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A BILL TO BE ENTITLED
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AN ACT
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relating to crime victims' compensation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Articles 56B.003(2), (6), (7), and (10), Code of |
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Criminal Procedure, are amended to read as follows: |
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(2) "Claimant" means any of the following individuals, |
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other than a service provider, who is entitled to file or has filed |
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a claim for compensation under this chapter: |
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(A) an authorized individual acting on behalf of |
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a victim; |
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(B) an individual who legally assumes the |
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obligation or who voluntarily pays medical or burial expenses of a |
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victim incurred as a result of the criminally injurious conduct of |
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another; |
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(C) a dependent of a victim who died as a result |
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of the criminally injurious conduct; |
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(D) a [an immediate] family member or [a] |
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household member of a victim who, as a result of the criminally |
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injurious conduct: |
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(i) requires psychiatric care or |
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counseling; |
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(ii) incurs expenses for traveling to and |
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attending a deceased victim's funeral; or |
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(iii) suffers wage loss from bereavement |
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leave taken in connection with the death of the victim; or |
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(E) an authorized individual acting on behalf of |
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a child described by Paragraph (C) or (D). |
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(6) "Family violence" has the meaning assigned by |
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Section 71.004 [71.004(1)], Family Code. |
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(7) "Household member" means an individual who[: |
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[(A) is related by consanguinity or affinity to |
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the victim; and |
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[(B)] resided in the same permanent household as |
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the victim at the time that the criminally injurious conduct |
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occurred. |
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(10) "Pecuniary loss" means the amount of the expense |
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reasonably and necessarily incurred as a result of personal injury |
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or death for: |
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(A) medical, hospital, nursing, or psychiatric |
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care or counseling, or physical therapy; |
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(B) actual loss of past earnings and anticipated |
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loss of future earnings and necessary travel expenses because of: |
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(i) a disability resulting from the |
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personal injury; |
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(ii) the receipt of medically indicated |
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services related to the disability; or |
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(iii) participation in or attendance at |
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investigative, prosecutorial, or judicial processes or any |
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postconviction or postadjudication proceeding relating to |
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criminally injurious conduct; |
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(C) care of a child or dependent, including |
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specialized care for a child who is a victim; |
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(D) funeral and burial expenses, including, for a |
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[an immediate] family member or [a] household member of the victim, |
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the necessary expenses of traveling to and attending the funeral; |
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(E) loss of support to a dependent, consistent |
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with Article 56B.057(b)(5); |
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(F) reasonable and necessary costs of cleaning |
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the crime scene; |
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(G) reasonable replacement costs for clothing, |
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bedding, or property of the victim seized as evidence or rendered |
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unusable as a result of the criminal investigation; |
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(H) reasonable and necessary costs for |
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relocation and housing rental assistance payments as provided by |
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Articles [Article] 56B.106(c) and (c-1); |
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(I) for a [an immediate] family member or [a] |
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household member of a deceased victim, bereavement leave [of not |
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more than 10 work days]; and |
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(J) reasonable and necessary costs of traveling |
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to and from a place of execution to witness the execution, including |
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[one night's] lodging near the place where the execution is |
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conducted. |
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SECTION 2. Subdivision (8), Article 56B.003, Code of |
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Criminal Procedure, is redesignated as Subdivision (5-a), Article |
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56B.003, Code of Criminal Procedure, and amended to read as |
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follows: |
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(5-a) "Family [(8) "Immediate family] member" means an |
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individual who is related to a victim [within the second degree] by |
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consanguinity or affinity. |
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SECTION 3. Article 56B.057(d), Code of Criminal Procedure, |
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is amended to read as follows: |
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(d) Except as provided by rules adopted by the attorney |
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general to prevent the unjust enrichment of an offender, the |
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attorney general may not deny an award otherwise payable to a |
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claimant or victim because the claimant or victim: |
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(1) is a [an immediate] family member of the offender; |
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or |
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(2) resides in the same household as the offender. |
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SECTION 4. Article 56B.106, Code of Criminal Procedure, is |
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amended by amending Subsections (c) and (d) and adding Subsections |
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(c-1), (c-2), and (c-3) to read as follows: |
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(c) A victim of stalking, family violence, or trafficking of |
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persons, a victim of sexual assault who is assaulted in the victim's |
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place of residence, or a child who is a victim of a murder attempt in |
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the child's place of residence may receive compensation for the |
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following [a one-time assistance payment in an amount not to |
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exceed]: |
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(1) [$2,000 to be used for] relocation expenses, |
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including expenses for rental deposit, utility connections, |
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expenses relating to moving belongings, motor vehicle mileage |
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expenses, temporary or emergency lodging, and for an out-of-state |
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move, expenses for transportation, lodging, and meals; and |
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(2) [$1,800 to be used for] housing rental expenses. |
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(c-1) A victim other than a victim described by Subsection |
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(c), a dependent of any victim, or a family member or household |
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member of any victim may receive compensation for the following: |
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(1) relocation expenses, including expenses for |
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rental deposit, utility connections, expenses relating to moving |
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belongings, motor vehicle mileage expenses, temporary or emergency |
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lodging, and for an out-of-state move, expenses for transportation, |
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lodging, and meals; and |
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(2) housing rental expenses. |
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(c-2) Unless the attorney general determines that there is |
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an extraordinary health or safety need for compensation to be made |
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to more than two households, the attorney general may, for each |
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application based on criminally injurious conduct giving rise to |
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the need for relocation or housing rental expenses, award |
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compensation for relocation or housing rental expenses under |
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Subsection (c) or (c-1) to the households of no more than: |
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(1) one victim and one claimant; or |
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(2) two claimants, if the victim is deceased. |
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(c-3) The attorney general by rule may establish a |
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limitation on the amount of an award a victim or claimant may |
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receive under Subsection (c) or (c-1), except that the limitation |
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for: |
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(1) relocation expenses as provided by Subsection |
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(c)(1) or (c-1)(1) may not be less than $2,000; and |
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(2) housing rental expenses as provided by Subsection |
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(c)(2) or (c-1)(2) may not be less than $1,800. |
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(d) The attorney general by rule may establish a limitation |
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on an award a [An immediate] family member or household member of a |
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deceased victim may [not] receive for [more than $1,000 in] lost |
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wages as a result of bereavement leave taken by the family or |
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household member, except that the limit may not be less than the |
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lesser of: |
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(1) $1,000; or |
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(2) an amount equal to 10 work days of lost wages. |
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SECTION 5. 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 the effective date of this Act. Compensation for criminally |
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injurious conduct occurring before the effective date of this Act |
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is governed by the law in effect on the date the conduct occurred, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, criminally injurious conduct occurred |
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before the effective date of this Act if any element of the offense |
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underlying the conduct occurred before that date. |
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SECTION 6. This Act takes effect September 1, 2023. |