81R6245 SJM-D
By: Hinojosa S.B. No. 1949
A BILL TO BE ENTITLED
AN ACT
relating to the provision of crime victims' compensation to
juvenile offenders who are victims of criminally injurious conduct.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 56.35, Code of Criminal Procedure, is
amended to read as follows:
Art. 56.35. TYPES OF ASSISTANCE. (a) If the attorney
general approves an application for compensation under Article
56.41, the attorney general shall determine what type of state
assistance will best aid the claimant or victim. Subject to
Subsection (b), the [The] attorney general may do one or more of the
following:
(1) authorize cash payment or payments to or on behalf
of a claimant or victim for pecuniary loss;
(2) refer a claimant or victim to a state agency for
vocational or other rehabilitative services; or
(3) provide counseling services for a claimant or
victim or contract with a private entity to provide counseling
services.
(b) The attorney general may provide the assistance
authorized by Subsection (a)(2) or (3) to a victim who is committed
to, attending, or residing in a facility, home, or institution
described by Article 56.41(e)(1), (2), (3), or (4) only if the
facility, home, or institution does not offer the same or similar
assistance to the victim.
SECTION 2. Article 56.37, Code of Criminal Procedure, is
amended by adding Subsection (e) to read as follows:
(e) Notwithstanding Subsections (a) and (c), a claimant or
victim filing an application with respect to a victim of criminally
injurious conduct committed to, attending, or residing in a
facility, home, or institution described by Article 56.41(e)(1),
(2), (3), or (4) may file the application not later than September
1, 2012, if the conduct occurred on or after September 1, 2003, and
before September 1, 2009. This subsection expires October 1, 2012.
SECTION 3. Article 56.41, Code of Criminal Procedure, is
amended by amending Subsection (b) and adding Subsections (d) and
(e) to read as follows:
(b) The attorney general shall deny an application for
compensation under this subchapter if:
(1) the criminally injurious conduct is not reported
as provided by Article 56.46;
(2) the application is not made in the manner provided
by Articles 56.36 and 56.37;
(3) the claimant or victim knowingly and willingly
participated in the criminally injurious conduct;
(4) the claimant or victim is the offender or an
accomplice of the offender;
(5) an award of compensation to the claimant or victim
would benefit the offender or an accomplice of the offender;
(6) the claimant or victim was incarcerated in a penal
institution[, as defined by Section 1.07, Penal Code,] at the time
the offense was committed; or
(7) the claimant or victim knowingly or intentionally
submits false or forged information to the attorney general.
(d) The attorney general may not deny an otherwise payable
award because the criminally injurious conduct on which the
application is based occurred while the victim was committed to,
attending, or residing in a facility, home, or institution
described by Subsection (e)(1), (2), (3), or (4).
(e) In this article, "penal institution" means a facility
operated by or under contract with the Texas Department of Criminal
Justice or a municipal or county jail. The term does not include:
(1) a "secure correctional facility" or "secure
detention facility" as defined by Section 51.02, Family Code;
(2) a facility, home, or institution licensed under or
accredited in accordance with Chapter 42, Human Resources Code, if
a juvenile offender is required to attend or reside at the facility,
home, or institution under a court order issued under Section
54.04, Family Code;
(3) a residential facility for juvenile offenders,
other than a secure correctional facility or a secure detention
facility described by Subdivision (1), that is operated by or under
contract with the state or a political subdivision of the state and
in which a juvenile offender is required to reside under a court
order issued under Section 54.04, Family Code; or
(4) a facility or institution that is operated by or
under contract with the Texas Youth Commission and is not otherwise
described by this subsection.
SECTION 4. The change in law made by this Act applies only
to compensation for criminally injurious conduct occurring on or
after September 1, 2003. Compensation for criminally injurious
conduct occurring before September 1, 2003, is covered by the law in
effect when the conduct occurred, and the former law is continued in
effect for that purpose. For purposes of this section, criminally
injurious conduct occurred before September 1, 2003, if any element
of the offense underlying the conduct occurred before that date.
SECTION 5. This Act takes effect September 1, 2009.