Texas 2015 - 84th Regular

Texas House Bill HB2970 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R22553 MAW-D
2	2	By: Herrero H.B. No. 2970
3	3	Substitute the following for H.B. No. 2970:
4	4	By: Herrero C.S.H.B. No. 2970
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the use of money paid as restitution to or on behalf of
10	10	certain individuals depicted in child pornography.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Article 42.037, Code of Criminal Procedure, is
13	13	amended by adding Subsection (r) to read as follows:
14	14	(r) The court shall order a defendant convicted of an
15	15	offense under Section 43.26, Penal Code, to make restitution to:
16	16	(1) an individual who as a child younger than 18 years
17	17	of age was depicted in the visual material, in an amount equal to
18	18	the expenses incurred by the individual as a result of the offense,
19	19	including:
20	20	(A) medical services relating to physical,
21	21	psychiatric, or psychological care;
22	22	(B) physical and occupational therapy or
23	23	rehabilitation;
24	24	(C) necessary transportation, temporary housing,
25	25	and child care expenses;
26	26	(D) lost income; and
27	27	(E) attorney's fees; or
28	28	(2) the compensation to child pornography victims fund
29	29	under Article 56.55 to the extent that:
30	30	(A) the fund has paid compensation to or on
31	31	behalf of the individual; or
32	32	(B) the court is unable to identify an individual
33	33	who as a child was depicted in the visual material, in an amount
34	34	determined by the court after considering:
35	35	(i) the average amount of the expenses
36	36	incurred by, and restitution ordered to, individuals in other
37	37	similar cases involving a conviction for an offense under Section
38	38	43.26, Penal Code; and
39	39	(ii) other factors the court considers
40	40	appropriate.
41	41	SECTION 2. Article 56.54(b), Code of Criminal Procedure, is
42	42	amended to read as follows:
43	43	(b) Except as provided by Subsections (h), (i), (j), and (k)
44	44	and Articles [Article] 56.541 and 56.55, the compensation to
45	45	victims of crime fund may be used only by the attorney general for
46	46	the payment of compensation to claimants or victims under this
47	47	subchapter. For purposes of this subsection, compensation to
48	48	claimants or victims includes money allocated from the fund to the
49	49	Crime Victims' Institute created by Section 96.65, Education Code,
50	50	for the operation of the institute and for other expenses in
51	51	administering this subchapter. The institute shall use money
52	52	allocated from the fund only for the purposes of Sections 96.65,
53	53	96.651, and 96.652, Education Code.
54	54	SECTION 3. Subchapter B, Chapter 56, Code of Criminal
55	55	Procedure, is amended by adding Article 56.55 to read as follows:
56	56	Art. 56.55. COMPENSATION TO CHILD PORNOGRAPHY VICTIMS FUND;
57	57	PAYMENT OF AWARDS OR EXPENSES. (a) The compensation to child
58	58	pornography victims fund is an account in the general revenue fund.
59	59	Money in the account may be used only to:
60	60	(1) award compensation under this article; or
61	61	(2) provide grants related to preventing child
62	62	pornography and related offenses, including trafficking of
63	63	persons.
64	64	(b) The attorney general shall:
65	65	(1) adopt rules governing the administration of the
66	66	compensation to child pornography victims fund, including rules
67	67	establishing procedures for the application, review, and award of
68	68	compensation or the issuance of a grant under this article; and
69	69	(2) notwithstanding any other provision of this
70	70	subchapter, transfer money from the compensation to child
71	71	pornography victims fund to a subaccount in the compensation to
72	72	victims of crime fund as necessary to award compensation or provide
73	73	a grant under this article.
74	74	(c) The attorney general shall award compensation to an
75	75	individual who as a child younger than 18 years of age was depicted
76	76	in visual material constituting the basis for one or more
77	77	convictions under Section 43.26, Penal Code, if the attorney
78	78	general finds by a preponderance of the evidence that sufficient
79	79	grounds exist for compensation under this article.
80	80	(d) An applicant for compensation under this article must
81	81	apply in writing on a form prescribed by the attorney general. The
82	82	applicant is not required to file an application under Article
83	83	56.36 to receive compensation under this article.
84	84	(e) An award for compensation under this article must be in
85	85	an amount equal to the expenses incurred by the individual as a
86	86	result of the offense, including:
87	87	(1) medical services relating to physical,
88	88	psychiatric, or psychological care;
89	89	(2) physical and occupational therapy or
90	90	rehabilitation;
91	91	(3) necessary transportation, temporary housing, and
92	92	child care expenses;
93	93	(4) loss of past earnings; and
94	94	(5) attorney's fees for assistance in obtaining
95	95	compensation under this article.
96	96	(f) The attorney general shall reduce an award under this
97	97	article by the amount of restitution received by or on behalf of the
98	98	individual under Article 42.037 and may reduce the award to the
99	99	extent that the applicable expenses are recouped from another
100	100	collateral source, including compensation awarded under Article
101	101	56.34.
102	102	(g) The attorney general may provide for the payment of an
103	103	award under this article in a lump sum or in installments.
104	104	(h) The attorney general by rule may limit the amount of
105	105	award that is payable to an individual under this article.
106	106	(i) The attorney general may use the compensation to victims
107	107	of crime fund to pay expenses associated with the administration of
108	108	the compensation to the child pornography victims fund under this
109	109	article.
110	110	(j) The attorney general may delegate a power, duty, or
111	111	responsibility given to the attorney general under this article to
112	112	a person in the attorney general's office.
113	113	(k) The name of an individual awarded compensation under
114	114	this article and any other identifying information regarding that
115	115	individual are confidential and not subject to disclosure under
116	116	Chapter 552, Government Code.
117	117	(l) To the extent of any conflict between this article and
118	118	another article of this subchapter regarding conduct for which
119	119	compensation may be awarded, this article controls.
120	120	SECTION 4. The change in law made by this Act applies only
121	121	to a conviction for a criminal offense committed on or after the
122	122	effective date of this Act. A criminal offense committed before the
123	123	effective date of this Act is governed by the law in effect on the
124	124	date the offense was committed, and the former law is continued in
125	125	effect for that purpose. For purposes of this section, a criminal
126	126	offense was committed before the effective date of this Act if any
127	127	element of the offense occurred before that date.
128	128	SECTION 5. This Act takes effect September 1, 2015.