Texas 2009 - 81st Regular

Texas Senate Bill SB1949 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R6245 SJM-D
2	2	By: Hinojosa S.B. No. 1949
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the provision of crime victims' compensation to
8	8	juvenile offenders who are victims of criminally injurious conduct.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 56.35, Code of Criminal Procedure, is
11	11	amended to read as follows:
12	12	Art. 56.35. TYPES OF ASSISTANCE. (a) If the attorney
13	13	general approves an application for compensation under Article
14	14	56.41, the attorney general shall determine what type of state
15	15	assistance will best aid the claimant or victim. Subject to
16	16	Subsection (b), the [The] attorney general may do one or more of the
17	17	following:
18	18	(1) authorize cash payment or payments to or on behalf
19	19	of a claimant or victim for pecuniary loss;
20	20	(2) refer a claimant or victim to a state agency for
21	21	vocational or other rehabilitative services; or
22	22	(3) provide counseling services for a claimant or
23	23	victim or contract with a private entity to provide counseling
24	24	services.
25	25	(b) The attorney general may provide the assistance
26	26	authorized by Subsection (a)(2) or (3) to a victim who is committed
27	27	to, attending, or residing in a facility, home, or institution
28	28	described by Article 56.41(e)(1), (2), (3), or (4) only if the
29	29	facility, home, or institution does not offer the same or similar
30	30	assistance to the victim.
31	31	SECTION 2. Article 56.37, Code of Criminal Procedure, is
32	32	amended by adding Subsection (e) to read as follows:
33	33	(e) Notwithstanding Subsections (a) and (c), a claimant or
34	34	victim filing an application with respect to a victim of criminally
35	35	injurious conduct committed to, attending, or residing in a
36	36	facility, home, or institution described by Article 56.41(e)(1),
37	37	(2), (3), or (4) may file the application not later than September
38	38	1, 2012, if the conduct occurred on or after September 1, 2003, and
39	39	before September 1, 2009. This subsection expires October 1, 2012.
40	40	SECTION 3. Article 56.41, Code of Criminal Procedure, is
41	41	amended by amending Subsection (b) and adding Subsections (d) and
42	42	(e) to read as follows:
43	43	(b) The attorney general shall deny an application for
44	44	compensation under this subchapter if:
45	45	(1) the criminally injurious conduct is not reported
46	46	as provided by Article 56.46;
47	47	(2) the application is not made in the manner provided
48	48	by Articles 56.36 and 56.37;
49	49	(3) the claimant or victim knowingly and willingly
50	50	participated in the criminally injurious conduct;
51	51	(4) the claimant or victim is the offender or an
52	52	accomplice of the offender;
53	53	(5) an award of compensation to the claimant or victim
54	54	would benefit the offender or an accomplice of the offender;
55	55	(6) the claimant or victim was incarcerated in a penal
56	56	institution[, as defined by Section 1.07, Penal Code,] at the time
57	57	the offense was committed; or
58	58	(7) the claimant or victim knowingly or intentionally
59	59	submits false or forged information to the attorney general.
60	60	(d) The attorney general may not deny an otherwise payable
61	61	award because the criminally injurious conduct on which the
62	62	application is based occurred while the victim was committed to,
63	63	attending, or residing in a facility, home, or institution
64	64	described by Subsection (e)(1), (2), (3), or (4).
65	65	(e) In this article, "penal institution" means a facility
66	66	operated by or under contract with the Texas Department of Criminal
67	67	Justice or a municipal or county jail. The term does not include:
68	68	(1) a "secure correctional facility" or "secure
69	69	detention facility" as defined by Section 51.02, Family Code;
70	70	(2) a facility, home, or institution licensed under or
71	71	accredited in accordance with Chapter 42, Human Resources Code, if
72	72	a juvenile offender is required to attend or reside at the facility,
73	73	home, or institution under a court order issued under Section
74	74	54.04, Family Code;
75	75	(3) a residential facility for juvenile offenders,
76	76	other than a secure correctional facility or a secure detention
77	77	facility described by Subdivision (1), that is operated by or under
78	78	contract with the state or a political subdivision of the state and
79	79	in which a juvenile offender is required to reside under a court
80	80	order issued under Section 54.04, Family Code; or
81	81	(4) a facility or institution that is operated by or
82	82	under contract with the Texas Youth Commission and is not otherwise
83	83	described by this subsection.
84	84	SECTION 4. The change in law made by this Act applies only
85	85	to compensation for criminally injurious conduct occurring on or
86	86	after September 1, 2003. Compensation for criminally injurious
87	87	conduct occurring before September 1, 2003, is covered by the law in
88	88	effect when the conduct occurred, and the former law is continued in
89	89	effect for that purpose. For purposes of this section, criminally
90	90	injurious conduct occurred before September 1, 2003, if any element
91	91	of the offense underlying the conduct occurred before that date.
92	92	SECTION 5. This Act takes effect September 1, 2009.