Texas 2015 - 84th Regular

Texas House Bill HB692 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	84R4266 MAW-D
2	2	By: Longoria, Guerra H.B. No. 692
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to compensation under the Crime Victims' Compensation Act
8	8	for damages to real property suffered as a result of a person
9	9	evading arrest or detention.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Articles 56.32(a)(4), (9), and (11), Code of
12	12	Criminal Procedure, are amended to read as follows:
13	13	(4) "Criminally injurious conduct" means conduct
14	14	that:
15	15	(A) occurs or is attempted;
16	16	(B) poses a substantial threat of personal injury
17	17	or death;
18	18	(C) is punishable by fine, imprisonment, or
19	19	death, or would be punishable by fine, imprisonment, or death if the
20	20	person engaging in the conduct possessed capacity to commit the
21	21	conduct; and
22	22	(D) does not arise out of the ownership,
23	23	maintenance, or use of a motor vehicle, aircraft, or water vehicle,
24	24	unless the conduct is:
25	25	(i) intended to cause personal injury or
26	26	death;
27	27	(ii) [or the conduct is] in violation of
28	28	Section 545.157 or 545.401, Transportation Code, if the conduct
29	29	[and] results in bodily injury or death;
30	30	(iii) [, or is] in violation of Section
31	31	550.021, Transportation Code; or
32	32	(iv) in violation of[, or] one or more of
33	33	the following sections of the Penal Code:
34	34	(a) [(i)] Section 19.04
35	35	(manslaughter);
36	36	(b) [(ii)] Section 19.05 (criminally
37	37	negligent homicide);
38	38	(c) [(iii)] Section 22.02 (aggravated
39	39	assault);
40	40	(d) [(iv)] Section 22.05 (deadly
41	41	conduct);
42	42	(e) Section 38.04 (evading arrest or
43	43	detention), if the conduct involved the use of a vehicle as defined
44	44	by that section;
45	45	(f) [(v)] Section 49.04 (driving
46	46	while intoxicated);
47	47	(g) [(vi)] Section 49.05 (flying
48	48	while intoxicated);
49	49	(h) [(vii)] Section 49.06 (boating
50	50	while intoxicated);
51	51	(i) [(viii)] Section 49.07
52	52	(intoxication assault); or
53	53	(j) [(ix)] Section 49.08
54	54	(intoxication manslaughter).
55	55	(9) "Pecuniary loss" means the amount of expense
56	56	reasonably and necessarily incurred as a result of:
57	57	(A) personal injury or death for:
58	58	(i) [(A)] medical, hospital, nursing, or
59	59	psychiatric care or counseling, or physical therapy;
60	60	(ii) [(B)] actual loss of past earnings and
61	61	anticipated loss of future earnings and necessary travel expenses
62	62	because of:
63	63	(a) [(i)] a disability resulting from
64	64	the personal injury;
65	65	(b) [(ii)] the receipt of medically
66	66	indicated services related to the disability resulting from the
67	67	personal injury; or
68	68	(c) [(iii)] participation in or
69	69	attendance at investigative, prosecutorial, or judicial processes
70	70	related to the criminally injurious conduct and participation in or
71	71	attendance at any postconviction or postadjudication proceeding
72	72	relating to criminally injurious conduct;
73	73	(iii) [(C)] care of a child or dependent;
74	74	(iv) [(D)] funeral and burial expenses,
75	75	including, for an immediate family member or household member of
76	76	the victim, the necessary expenses of traveling to and attending
77	77	the funeral;
78	78	(v) [(E)] loss of support to a dependent,
79	79	consistent with Article 56.41(b)(5);
80	80	(vi) [(F)] reasonable and necessary costs
81	81	of cleaning the crime scene;
82	82	(vii) [(G)] reasonable replacement costs
83	83	for clothing, bedding, or property of the victim seized as evidence
84	84	or rendered unusable as a result of the criminal investigation;
85	85	(viii) [(H)] reasonable and necessary
86	86	costs, as provided by Article 56.42(d), incurred by a victim of
87	87	family violence or a victim of sexual assault who is assaulted in
88	88	the victim's place of residence for relocation and housing rental
89	89	assistance payments;
90	90	(ix) [(I)] for an immediate family member
91	91	or household member of a deceased victim, bereavement leave of not
92	92	more than 10 work days; and
93	93	(x) [(J)] reasonable and necessary costs of
94	94	traveling to and from a place of execution for the purpose of
95	95	witnessing the execution, including one night's lodging near the
96	96	place at which the execution is conducted; and
97	97	(B) damage to the victim's real property that is
98	98	caused by criminally injurious conduct described by Subdivision
99	99	(4)(D)(iv)(e).
100	100	(11) "Victim" means[, except as provided by Subsection
101	101	(c)]:
102	102	(A) an individual who:
103	103	(i) suffers personal injury or death as a
104	104	result of criminally injurious conduct or as a result of actions
105	105	taken by the individual as an intervenor, if the conduct or actions
106	106	occurred in this state; and
107	107	(ii) is a resident of this state, another
108	108	state of the United States, the District of Columbia, the
109	109	Commonwealth of Puerto Rico, or a possession or territory of the
110	110	United States;
111	111	(B) an individual who:
112	112	(i) suffers personal injury or death as a
113	113	result of criminally injurious conduct or as a result of actions
114	114	taken by the individual as an intervenor, if the conduct or actions
115	115	occurred in a state or country that does not have a crime victims'
116	116	compensation program that meets the requirements of Section
117	117	1403(b), [Crime] Victims of Crime [Compensation] Act of 1984 (42
118	118	U.S.C. Section 10602(b));
119	119	(ii) is a resident of this state; and
120	120	(iii) would be entitled to compensation
121	121	under this subchapter if the criminally injurious conduct or
122	122	actions had occurred in this state; [or]
123	123	(C) an individual who:
124	124	(i) suffers personal injury or death as a
125	125	result of criminally injurious conduct caused by an act of
126	126	international terrorism as defined by 18 U.S.C. Section 2331
127	127	committed outside of the United States; and
128	128	(ii) is a resident of this state; or
129	129	(D) an individual who, as a result of criminally
130	130	injurious conduct described by Subdivision (4)(D)(iv)(e), suffers
131	131	damages to real property located in this state and owned by the
132	132	individual.
133	133	SECTION 2. Article 56.34(b), Code of Criminal Procedure, is
134	134	amended to read as follows:
135	135	(b) The attorney general[,] shall establish whether, as a
136	136	direct result of criminally injurious conduct, a claimant or victim
137	137	suffered:
138	138	(1) personal injury or death that resulted in a
139	139	pecuniary loss for which the claimant or victim is not compensated
140	140	from a collateral source; or
141	141	(2) damages to real property, if the criminally
142	142	injurious conduct is conduct described by Article
143	143	56.32(a)(4)(D)(iv)(e).
144	144	SECTION 3. Article 56.36(b), Code of Criminal Procedure, is
145	145	amended to read as follows:
146	146	(b) An application must be verified and must contain:
147	147	(1) the date on which the criminally injurious conduct
148	148	occurred;
149	149	(2) a description of the nature and circumstances of
150	150	the criminally injurious conduct;
151	151	(3) a complete financial statement, including:
152	152	(A) the cost of medical care or burial expenses
153	153	and the loss of wages or support the claimant or victim has incurred
154	154	or will incur; [and]
155	155	(B) the damages to real property suffered by the
156	156	claimant or victim as a result of criminally injurious conduct
157	157	described by Article 56.32(a)(4)(D)(iv)(e); and
158	158	(C) the extent to which the claimant or victim
159	159	has been indemnified from a collateral source for the [those]
160	160	expenses or damages described by Paragraphs (A) and (B) [from a
161	161	collateral source];
162	162	(4) if appropriate, a statement indicating the extent
163	163	of a disability resulting from the injury incurred;
164	164	(5) an authorization permitting the attorney general
165	165	to verify the contents of the application; and
166	166	(6) other information the attorney general requires.
167	167	SECTION 4. Article 56.42, Code of Criminal Procedure, is
168	168	amended by adding Subsection (b-1) to read as follows:
169	169	(b-1) Awards payable to a victim and all other claimants
170	170	sustaining pecuniary loss because of damages to real property as a
171	171	result of criminally injurious conduct described by Article
172	172	56.32(a)(4)(D)(iv)(e) may not exceed $50,000 in the aggregate.
173	173	SECTION 5. Article 56.48(a), Code of Criminal Procedure, is
174	174	amended to read as follows:
175	175	(a) Not later than the 40th day after the attorney general
176	176	renders a final decision, a claimant or victim may file with the
177	177	attorney general a notice of dissatisfaction with the decision.
178	178	Not later than the 40th day after the claimant or victim gives
179	179	notice, the claimant or victim shall bring suit in the district
180	180	court having jurisdiction in the county in which:
181	181	(1) the injury or death occurred;
182	182	(2) the victim resided at the time the injury or death
183	183	occurred; [or]
184	184	(3) if the victim resided out of state at the time of
185	185	the injury or death, in the county where the injury or death
186	186	occurred or in a district court of Travis County; or
187	187	(4) the real property is located, if the criminally
188	188	injurious conduct is described by Article 56.32(a)(4)(D)(iv)(e)
189	189	and resulted in pecuniary loss with respect to the property.
190	190	SECTION 6. The change in law made by this Act applies only
191	191	to a victim of a criminal offense committed or a violation that
192	192	occurs on or after the effective date of this Act. A criminal
193	193	offense committed or a violation that occurs before the effective
194	194	date of this Act is governed by the law in effect on the date the
195	195	offense was committed or the violation occurred, and the former law
196	196	is continued in effect for that purpose. For purposes of this
197	197	section, a criminal offense was committed or a violation occurred
198	198	before the effective date of this Act if any element of the offense
199	199	or violation occurred before that date.
200	200	SECTION 7. This Act takes effect September 1, 2015.