By: Weber, et al. (Senate Sponsor - Van de Putte) H.B. No. 4009
(In the Senate - Received from the House May 15, 2009;
May 18, 2009, read first time and referred to Committee on Criminal
Justice; May 22, 2009, reported favorably by the following vote:
Yeas 6, Nays 0; May 22, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of a victim assistance program to
provide services to domestic victims of trafficking.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 531, Government Code, is amended by
adding Subchapter J-1 to read as follows:
SUBCHAPTER J-1. ASSISTANCE PROGRAM FOR DOMESTIC VICTIMS OF
TRAFFICKING
Sec. 531.381. DEFINITIONS. In this subchapter:
(1) "Domestic victim" means a victim of trafficking
who is a permanent legal resident or citizen of the United States.
(2) "Victim of trafficking" has the meaning assigned
by 22 U.S.C. Section 7102.
Sec. 531.382. VICTIM ASSISTANCE PROGRAM ESTABLISHED. The
commission shall develop and implement a program designed to assist
domestic victims, including victims who are children, in accessing
necessary services. The program must consist of at least the
following components:
(1) a searchable database of assistance programs for
domestic victims, including programs that provide mental health
services, other health services, services to meet victims' basic
needs, case management services, and any other services the
commission considers appropriate, that may be used to match victims
with appropriate resources;
(2) the grant program described by Section 531.383;
(3) recommended training programs for judges,
prosecutors, and law enforcement personnel; and
(4) an outreach initiative to ensure that victims,
judges, prosecutors, and law enforcement personnel are aware of the
availability of services through the program.
Sec. 531.383. GRANT PROGRAM. (a) Subject to available
funds, the commission shall establish a grant program to award
grants to public and nonprofit organizations that provide
assistance to domestic victims, including organizations that
provide public awareness activities, community outreach and
training, victim identification services, and legal services.
(b) To apply for a grant under this section, an applicant
must submit an application in the form and manner prescribed by the
commission. An applicant must describe in the application the
services the applicant intends to provide to domestic victims if
the grant is awarded.
(c) In awarding grants under this section, the commission
shall give preference to organizations that have experience in
successfully providing the types of services for which the grants
are awarded.
(d) A grant recipient shall provide reports as required by
the commission regarding the use of grant funds.
(e) Not later than December 1 of each even-numbered year,
the commission shall submit a report to the legislature summarizing
the activities, funding, and outcomes of programs awarded a grant
under this section and providing recommendations regarding the
grant program.
Sec. 531.384. TRAINING PROGRAMS. The commission, with
assistance from the Office of Court Administration of the Texas
Judicial System, the Department of Public Safety, and local law
enforcement agencies, shall create training programs designed to
increase the awareness of judges, prosecutors, and law enforcement
personnel of the needs of domestic victims, the availability of
services under this subchapter, the database of services described
by Section 531.382, and potential funding sources for those
services.
Sec. 531.385. FUNDING. (a) The commission may use
appropriated funds and may accept gifts, grants, and donations from
any sources for purposes of the victim assistance program
established under this subchapter.
(b) The commission shall conduct a study regarding
additional funding strategies for the victim assistance program.
In conducting the study, the commission, in cooperation with
appropriate governmental entities, shall identify appropriate
revenue streams, which may include revenue derived from:
(1) revenue streams similar to those used to fund
crime victims' compensation under Subchapter B, Chapter 56, Code of
Criminal Procedure;
(2) imposing additional court costs on defendants on
conviction of certain offenses;
(3) imposing additional fees on the filing of civil
cases;
(4) acquiring from law enforcement agencies the
proceeds from assets seized or forfeited under state or federal
law; and
(5) any other source identified by the commission.
(c) The commission shall submit a report regarding the
results of the study conducted under Subsection (b) to the 82nd
Legislature not later than December 1, 2010. The report must
include the commission's findings regarding appropriate revenue
streams for the victim assistance program, proposed legislation
necessary to receive the revenue for that purpose, and proposed
legislation regarding the establishment of a dedicated account to
which the revenue may be credited.
(d) This subsection and Subsections (b) and (c) expire
January 1, 2011.
SECTION 2. This Act takes effect September 1, 2009.
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