| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | By: Kent H.B. No. 4663 | |
| 2 | 2 | ||
| 3 | 3 | ||
| 4 | 4 | A BILL TO BE ENTITLED | |
| 5 | 5 | AN ACT | |
| 6 | 6 | relating to the rights of victims of fraudulent financial schemes. | |
| 7 | 7 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 8 | 8 | SECTION 1. Chapter 56.34 of the Code of Criminal Procedure | |
| 9 | 9 | is amended to read as follows: | |
| 10 | 10 | Art. 56.34. COMPENSATION. (a) The attorney general shall | |
| 11 | 11 | award compensation for pecuniary loss arising from criminally | |
| 12 | 12 | injurious conduct if the attorney general is satisfied by a | |
| 13 | 13 | preponderance of the evidence that the requirements of this | |
| 14 | 14 | subchapter are met. | |
| 15 | 15 | (b) The attorney general, shall establish whether, as a | |
| 16 | 16 | direct result of criminally injurious conduct, a claimant or victim | |
| 17 | 17 | suffered personal injury or death or suffered severe financial | |
| 18 | 18 | hardship from a fraudulent financial scheme that resulted in a | |
| 19 | 19 | pecuniary loss for which the claimant or victim is not compensated | |
| 20 | 20 | from a collateral source. | |
| 21 | 21 | SECTION 2. Chapter 56.42 of the Code of Criminal Procedure | |
| 22 | 22 | is amended as follows by adding subsection (f): | |
| 23 | 23 | (f) the limits of awards payable to victims of a fraudulent | |
| 24 | 24 | financial scheme shall not be less than the losses to the victim | |
| 25 | 25 | from that fraudulent financial scheme. | |
| 26 | 26 | SECTION 3. This Act takes effect September 1, 2009. |