Texas 2015 - 84th Regular

Texas Senate Bill SB1010 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Taylor of Collin S.B. No. 1010
2		-	(In the Senate - Filed March 6, 2015; March 10, 2015, read
3		-	first time and referred to Committee on State Affairs;
4		-	May 18, 2015, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 7, Nays 0; May 18, 2015,
6		-	sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 1010 By: Schwertner
9	2
10	3
11	4		A BILL TO BE ENTITLED
12	5		AN ACT
13	6		relating to the use of money paid as restitution to or on behalf of
14	7		certain individuals depicted in child pornography.
15	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	9		SECTION 1. Article 42.037, Code of Criminal Procedure, is
17	10		amended by adding Subsection (r) to read as follows:
18	11		(r) The court shall order a defendant convicted of an
19	12		offense under Section 43.26, Penal Code, to make restitution to:
20	13		(1) an individual who as a child younger than 18 years
21	14		of age was depicted in the visual material, in an amount equal to
22	15		the expenses incurred by the individual as a result of the offense,
23	16		including:
24	17		(A) medical services relating to physical,
25	18		psychiatric, or psychological care;
26	19		(B) physical and occupational therapy or
27	20		rehabilitation;
28	21		(C) necessary transportation, temporary housing,
29	22		and child care expenses;
30	23		(D) lost income; and
31	24		(E) attorney's fees; or
32	25		(2) the compensation to child pornography victims fund
33	26		under Article 56.55 to the extent that:
34	27		(A) the fund has paid compensation to or on
35	28		behalf of the individual; or
36	29		(B) the court is unable to identify an individual
37	30		who as a child was depicted in the visual material, in an amount
38	31		determined by the court after considering:
39	32		(i) the average amount of the expenses
40	33		incurred by, and restitution ordered to, individuals in other
41	34		similar cases involving a conviction for an offense under Section
42	35		43.26, Penal Code; and
43	36		(ii) other factors the court considers
44	37		appropriate.
45	38		SECTION 2. Article 56.54(b), Code of Criminal Procedure, is
46	39		amended to read as follows:
47	40		(b) Except as provided by Subsections (h), (i), (j), and (k)
48	41		and Articles [Article] 56.541 and 56.55, the compensation to
49	42		victims of crime fund may be used only by the attorney general for
50	43		the payment of compensation to claimants or victims under this
51	44		subchapter. For purposes of this subsection, compensation to
52	45		claimants or victims includes money allocated from the fund to the
53	46		Crime Victims' Institute created by Section 96.65, Education Code,
54	47		for the operation of the institute and for other expenses in
55	48		administering this subchapter. The institute shall use money
56	49		allocated from the fund only for the purposes of Sections 96.65,
57	50		96.651, and 96.652, Education Code.
58	51		SECTION 3. Subchapter B, Chapter 56, Code of Criminal
59	52		Procedure, is amended by adding Article 56.55 to read as follows:
60	53		Art. 56.55. COMPENSATION TO CHILD PORNOGRAPHY VICTIMS FUND;
61	54		PAYMENT OF AWARDS OR EXPENSES. (a) The compensation to child
62	55		pornography victims fund is an account in the general revenue fund.
63	56		Money in the account may be used only to:
64	57		(1) award compensation under this article; or
65	58		(2) provide grants related to preventing child
66	59		pornography and related offenses, including trafficking of
67	60		persons.
68	61		(b) The attorney general shall:
69	62		(1) adopt rules governing the administration of the
70	63		compensation to child pornography victims fund, including rules
71	64		establishing procedures for the application, review, and award of
72	65		compensation or the issuance of a grant under this article; and
73	66		(2) notwithstanding any other provision of this
74	67		subchapter, transfer money from the compensation to child
75	68		pornography victims fund to a subaccount in the compensation to
76	69		victims of crime fund as necessary to award compensation or provide
77	70		a grant under this article.
78	71		(c) The attorney general shall award compensation to an
79	72		individual who as a child younger than 18 years of age was depicted
80	73		in visual material constituting the basis for one or more
81	74		convictions under Section 43.26, Penal Code, if the attorney
82	75		general finds by a preponderance of the evidence that sufficient
83	76		grounds exist for compensation under this article.
84	77		(d) An applicant for compensation under this article must
85	78		apply in writing on a form prescribed by the attorney general. The
86	79		applicant is not required to file an application under Article
87	80		56.36 to receive compensation under this article.
88	81		(e) An award for compensation under this article must be in
89	82		an amount equal to the expenses incurred by the individual as a
90	83		result of the offense, including:
91	84		(1) medical services relating to physical,
92	85		psychiatric, or psychological care;
93	86		(2) physical and occupational therapy or
94	87		rehabilitation;
95	88		(3) necessary transportation, temporary housing, and
96	89		child care expenses;
97	90		(4) loss of past earnings; and
98	91		(5) attorney's fees for assistance in obtaining
99	92		compensation under this article.
100	93		(f) The attorney general shall reduce an award under this
101	94		article by the amount of restitution received by or on behalf of the
102	95		individual under Article 42.037 and may reduce the award to the
103	96		extent that the applicable expenses are recouped from another
104	97		collateral source, including compensation awarded under Article
105	98		56.34.
106	99		(g) The attorney general may provide for the payment of an
107	100		award under this article in a lump sum or in installments.
108	101		(h) The attorney general by rule may limit the amount of
109	102		award that is payable to an individual under this article.
110	103		(i) The attorney general may use the compensation to victims
111	104		of crime fund to pay expenses associated with the administration of
112	105		the compensation to the child pornography victims fund under this
113	106		article.
114	107		(j) The attorney general may delegate a power, duty, or
115	108		responsibility given to the attorney general under this article to
116	109		a person in the attorney general's office.
117	110		(k) The name of an individual awarded compensation under
118	111		this article and any other identifying information regarding that
119	112		individual are confidential and not subject to disclosure under
120	113		Chapter 552, Government Code.
121	114		(l) To the extent of any conflict between this article and
122	115		another article of this subchapter regarding conduct for which
123	116		compensation may be awarded, this article controls.
124	117		SECTION 4. The change in law made by this Act applies only
125	118		to a conviction for a criminal offense committed on or after the
126	119		effective date of this Act. A criminal offense committed before the
127	120		effective date of this Act is governed by the law in effect on the
128	121		date the offense was committed, and the former law is continued in
129	122		effect for that purpose. For purposes of this section, a criminal
130	123		offense was committed before the effective date of this Act if any
131	124		element of the offense occurred before that date.
132	125		SECTION 5. This Act takes effect September 1, 2015.
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