BILL ANALYSIS

H.B. 3745

By: Manuel

Appropriations

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The attorney general's crime victims' compensation (CVC) program exists to provide financial assistance to individuals who have suffered losses due to a violent crime. However, current state law imposes certain limitations on the attorney general's authority to make emergency awards under the program, which can delay much-needed financial relief for crime victims and their families. The bill author has informed the committee that these limitations may cause economic hardship for victims facing extraordinary circumstances, such as victims affected by crimes committed during a state of emergency. H.B. 3745 seeks to address these issues and enhance the responsiveness of the CVC program by authorizing the attorney general to make emergency awards without certain limitations in cases involving a deceased victim and criminal conduct that resulted in a proclaimed state of emergency.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 3745 amends the Code of Criminal Procedure to revise the authorization for the attorney general, before acting on an application for compensation under the Crime Victims' Compensation Act, to make an emergency award if it appears likely that a final award will be made and the claimant or victim will suffer undue hardship if immediate economic relief is not obtained by doing the following:

· extending the period during which the attorney general may make an emergency award by removing the specification that the attorney general may make an emergency award only before acting on an application for compensation; and

· specifying that such an emergency award is for anticipated pecuniary losses.

The bill establishes that the following limitations on emergency awards do not apply to an application for compensation under the Crime Victims' Compensation Act made by a claimant in relation to a deceased victim and arising from criminally injurious conduct that resulted in a proclaimed state of emergency under applicable Government Code provisions:

· the limitation establishing that the attorney general may make an emergency award only if it appears likely that a final award will be made; and

· the requirement for the amount of an emergency award to be deducted from the final award or repaid by and recoverable from the claimant or victim to the extent the emergency award exceeds the final reward.

H.B. 3745 applies only to compensation for criminally injurious conduct occurring on or after the bill's effective date. Compensation for criminally injurious conduct occurring before the bill's effective date is governed by the law in effect on the date the conduct occurred, and the former law is continued in effect for that purpose. For these purposes, criminally injurious conduct occurred before the bill's effective date if any element of the offense underlying the conduct occurred before that date.

EFFECTIVE DATE

September 1, 2025.