Texas 2013 - 83rd Regular

Texas Senate Bill SB744 Latest Draft

Bill / Introduced Version

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                            83R4151 MAW-D
 By: Nelson S.B. No. 744


 A BILL TO BE ENTITLED
 AN ACT
 relating to compensation under the Crime Victims' Compensation Act
 for loss of support to a dependent who is a victim.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Article 56.32(a)(9), Code of Criminal Procedure,
 is amended to read as follows:
 (9)  "Pecuniary loss" means the amount of expense
 reasonably and necessarily incurred as a result of personal injury
 or death for:
 (A)  medical, hospital, nursing, or psychiatric
 care or counseling, or physical therapy;
 (B)  actual loss of past earnings and anticipated
 loss of future earnings and necessary travel expenses because of:
 (i)  a disability resulting from the
 personal injury;
 (ii)  the receipt of medically indicated
 services related to the disability resulting from the personal
 injury; or
 (iii)  participation in or attendance at
 investigative, prosecutorial, or judicial processes related to the
 criminally injurious conduct and participation in or attendance at
 any postconviction or postadjudication proceeding relating to
 criminally injurious conduct;
 (C)  care of a child or dependent;
 (D)  funeral and burial expenses, including, for
 an immediate family member or household member of the victim, the
 necessary expenses of traveling to and attending the funeral;
 (E)  loss of support, consistent with Article
 56.41(b)(5), paid for the benefit of:
 (i)  [to] a dependent of a parent or guardian
 who is a victim; or
 (ii)  a dependent who is a victim [,
 consistent with Article 56.41(b)(5)];
 (F)  reasonable and necessary costs of cleaning
 the crime scene;
 (G)  reasonable replacement costs for clothing,
 bedding, or property of the victim seized as evidence or rendered
 unusable as a result of the criminal investigation;
 (H)  reasonable and necessary costs, as provided
 by Article 56.42(d), incurred by a victim of family violence or a
 victim of sexual assault who is assaulted in the victim's place of
 residence for relocation and housing rental assistance payments;
 (I)  for an immediate family member or household
 member of a deceased victim, bereavement leave of not more than 10
 work days; and
 (J)  reasonable and necessary costs of traveling
 to and from a place of execution for the purpose of witnessing the
 execution, including one night's lodging near the place at which
 the execution is conducted.
 SECTION 2.  The change in law made by this Act applies only
 to a pecuniary loss arising from a criminal offense committed or a
 violation that occurs on or after the effective date of this Act. A
 criminal offense committed or a violation that occurs before the
 effective date of this Act is governed by the law in effect on the
 date the offense was committed or the violation occurred, and the
 former law is continued in effect for that purpose. For purposes of
 this section, a criminal offense was committed or a violation
 occurred before the effective date of this Act if any element of the
 offense or violation occurred before that date.
 SECTION 3.  This Act takes effect September 1, 2013.