| 1 | 1 | | H.B. No. 2916 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to allowing certain claimants to file an application under |
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| 6 | 6 | | the Crime Victims' Compensation Act. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Article 56.37, Code of Criminal Procedure, is |
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| 9 | 9 | | amended by adding Subsection (e) to read as follows: |
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| 10 | 10 | | (e) For a claim that is based on criminally injurious |
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| 11 | 11 | | conduct in violation of Chapter 19, Penal Code, the claimant must |
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| 12 | 12 | | file an application not later than three years after the date the |
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| 13 | 13 | | identity of the victim is established by a law enforcement agency. |
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| 14 | 14 | | SECTION 2. Article 56.61, Code of Criminal Procedure, is |
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| 15 | 15 | | amended to read as follows: |
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| 16 | 16 | | Art. 56.61. COMPENSATION FOR CERTAIN CRIMINALLY INJURIOUS |
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| 17 | 17 | | CONDUCT PROHIBITED; EXCEPTION. (a) Except as provided by |
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| 18 | 18 | | Subsection (b), the [The] attorney general may not award |
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| 19 | 19 | | compensation for pecuniary [economic] loss arising from criminally |
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| 20 | 20 | | injurious conduct that occurred before January 1, 1980. |
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| 21 | 21 | | (b) The attorney general may award compensation for |
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| 22 | 22 | | pecuniary loss arising from criminally injurious conduct that |
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| 23 | 23 | | occurred before January 1, 1980, if: |
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| 24 | 24 | | (1) the conduct was in violation of Chapter 19, Penal |
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| 25 | 25 | | Code; |
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| 26 | 26 | | (2) the identity of the victim is established by a law |
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| 27 | 27 | | enforcement agency on or after January 1, 2009, and the pecuniary |
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| 28 | 28 | | loss was incurred with respect to the victim's funeral or burial on |
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| 29 | 29 | | or after that date; and |
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| 30 | 30 | | (3) the claimant files the application for |
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| 31 | 31 | | compensation within the limitations period provided by Article |
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| 32 | 32 | | 56.37(e). |
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| 33 | 33 | | SECTION 3. The change in law made by this Act applies only |
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| 34 | 34 | | to criminally injurious conduct committed against a victim whose |
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| 35 | 35 | | identity is established by a law enforcement agency on or after |
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| 36 | 36 | | January 1, 2009. Criminally injurious conduct committed against a |
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| 37 | 37 | | victim whose identity is established by a law enforcement agency |
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| 38 | 38 | | before January 1, 2009, is covered by the law in effect on the date |
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| 39 | 39 | | the victim's identity was established, and the former law is |
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| 40 | 40 | | continued in effect for that purpose. |
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| 41 | 41 | | SECTION 4. This Act takes effect immediately if it receives |
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| 42 | 42 | | a vote of two-thirds of all the members elected to each house, as |
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| 43 | 43 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 44 | 44 | | Act does not receive the vote necessary for immediate effect, this |
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| 45 | 45 | | Act takes effect September 1, 2009. |
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| 46 | 46 | | ______________________________ ______________________________ |
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| 47 | 47 | | President of the Senate Speaker of the House |
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| 48 | 48 | | I certify that H.B. No. 2916 was passed by the House on April |
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| 49 | 49 | | 28, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not |
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| 50 | 50 | | voting. |
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| 51 | 51 | | ______________________________ |
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| 52 | 52 | | Chief Clerk of the House |
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| 53 | 53 | | I certify that H.B. No. 2916 was passed by the Senate on May |
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| 54 | 54 | | 27, 2009, by the following vote: Yeas 31, Nays 0. |
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| 55 | 55 | | ______________________________ |
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| 56 | 56 | | Secretary of the Senate |
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| 57 | 57 | | APPROVED: _____________________ |
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| 58 | 58 | | Date |
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| 59 | 59 | | _____________________ |
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| 60 | 60 | | Governor |
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