By: Taylor of Collin S.B. No. 1010
A BILL TO BE ENTITLED
AN ACT
relating to the use of money paid as restitution to or on behalf of
certain individuals depicted in child pornography.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 42.037, Code of Criminal Procedure, is
amended by adding Subsection (r) to read as follows:
(r) The court shall order a defendant convicted of an
offense under Section 43.26, Penal Code, to make restitution to:
(1) an individual who as a child younger than 18 years
of age was depicted in the visual material, in an amount equal to
the expenses incurred by the individual as a result of the offense,
including:
(A) medical services relating to physical,
psychiatric, or psychological care;
(B) physical and occupational therapy or
rehabilitation;
(C) necessary transportation, temporary housing,
and child care expenses;
(D) lost income; and
(E) attorney's fees; or
(2) the compensation to child pornography victims fund
under Article 56.55 to the extent that:
(A) the fund has paid compensation to or on
behalf of the individual; or
(B) the court is unable to identify an individual
who as a child was depicted in the visual material, in an amount
determined by the court after considering:
(i) the average amount of the expenses
incurred by, and restitution ordered to, individuals in other
similar cases involving a conviction for an offense under Section
43.26, Penal Code; and
(ii) other factors the court considers
appropriate.
SECTION 2. Article 56.54(b), Code of Criminal Procedure, is
amended to read as follows:
(b) Except as provided by Subsections (h), (i), (j), and (k)
and Articles [Article] 56.541 and 56.55, the compensation to
victims of crime fund may be used only by the attorney general for
the payment of compensation to claimants or victims under this
subchapter. For purposes of this subsection, compensation to
claimants or victims includes money allocated from the fund to the
Crime Victims' Institute created by Section 96.65, Education Code,
for the operation of the institute and for other expenses in
administering this subchapter. The institute shall use money
allocated from the fund only for the purposes of Sections 96.65,
96.651, and 96.652, Education Code.
SECTION 3. Subchapter B, Chapter 56, Code of Criminal
Procedure, is amended by adding Article 56.55 to read as follows:
Art. 56.55. COMPENSATION TO CHILD PORNOGRAPHY VICTIMS FUND;
PAYMENT OF AWARDS OR EXPENSES. (a) The compensation to child
pornography victims fund is an account in the general revenue fund.
Money in the account may be used only to:
(1) award compensation under this article; or
(2) provide grants related to preventing child
pornography and related offenses, including trafficking of
persons.
(b) The attorney general shall:
(1) adopt rules governing the administration of the
compensation to child pornography victims fund, including rules
establishing procedures for the application, review, and award of
compensation or the issuance of a grant under this article; and
(2) notwithstanding any other provision of this
subchapter, transfer money from the compensation to child
pornography victims fund to a subaccount in the compensation to
victims of crime fund as necessary to award compensation or provide
a grant under this article.
(c) The attorney general shall award compensation to an
individual who as a child younger than 18 years of age was depicted
in visual material constituting the basis for one or more
convictions under Section 43.26, Penal Code, if the attorney
general finds by a preponderance of the evidence that sufficient
grounds exist for compensation under this article.
(d) An applicant for compensation under this article must
apply in writing on a form prescribed by the attorney general. The
applicant is not required to file an application under Article
56.36 to receive compensation under this article.
(e) An award for compensation under this article must be in
an amount equal to the expenses incurred by the individual as a
result of the offense, including:
(1) medical services relating to physical,
psychiatric, or psychological care;
(2) physical and occupational therapy or
rehabilitation;
(3) necessary transportation, temporary housing, and
child care expenses;
(4) loss of past earnings; and
(5) attorney's fees for assistance in obtaining
compensation under this article.
(f) The attorney general shall reduce an award under this
article by the amount of restitution received by or on behalf of the
individual under Article 42.037 and may reduce the award to the
extent that the applicable expenses are recouped from another
collateral source, including compensation awarded under Article
56.34.
(g) The attorney general may provide for the payment of an
award under this article in a lump sum or in installments.
(h) The attorney general by rule may limit the amount of
award that is payable to an individual under this article.
(i) The attorney general may use the compensation to victims
of crime fund to pay expenses associated with the administration of
the compensation to the child pornography victims fund under this
article.
(j) The attorney general may delegate a power, duty, or
responsibility given to the attorney general under this article to
a person in the attorney general's office.
(k) The name of an individual awarded compensation under
this article and any other identifying information regarding that
individual are confidential and not subject to disclosure under
Chapter 552, Government Code.
(l) To the extent of any conflict between this article and
another article of this subchapter regarding conduct for which
compensation may be awarded, this article controls.
SECTION 4. The change in law made by this Act applies only
to a conviction for a criminal offense committed on or after the
effective date of this Act. A criminal offense committed before the
effective date of this Act is governed by the law in effect on the
date the offense was committed, and the former law is continued in
effect for that purpose. For purposes of this section, a criminal
offense was committed before the effective date of this Act if any
element of the offense occurred before that date.
SECTION 5. This Act takes effect September 1, 2015.