Texas 2015 - 84th Regular

Texas Senate Bill SB146 Compare Versions

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11 84R531 MAW-D
22 By: Rodríguez S.B. No. 146
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to compensation to victims of stalking for relocation and
88 housing rental expenses.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Article 56.32(a)(9), Code of Criminal Procedure,
1111 is amended to read as follows:
1212 (9) "Pecuniary loss" means the amount of expense
1313 reasonably and necessarily incurred as a result of personal injury
1414 or death for:
1515 (A) medical, hospital, nursing, or psychiatric
1616 care or counseling, or physical therapy;
1717 (B) actual loss of past earnings and anticipated
1818 loss of future earnings and necessary travel expenses because of:
1919 (i) a disability resulting from the
2020 personal injury;
2121 (ii) the receipt of medically indicated
2222 services related to the disability resulting from the personal
2323 injury; or
2424 (iii) participation in or attendance at
2525 investigative, prosecutorial, or judicial processes related to the
2626 criminally injurious conduct and participation in or attendance at
2727 any postconviction or postadjudication proceeding relating to
2828 criminally injurious conduct;
2929 (C) care of a child or dependent;
3030 (D) funeral and burial expenses, including, for
3131 an immediate family member or household member of the victim, the
3232 necessary expenses of traveling to and attending the funeral;
3333 (E) loss of support to a dependent, consistent
3434 with Article 56.41(b)(5);
3535 (F) reasonable and necessary costs of cleaning
3636 the crime scene;
3737 (G) reasonable replacement costs for clothing,
3838 bedding, or property of the victim seized as evidence or rendered
3939 unusable as a result of the criminal investigation;
4040 (H) reasonable and necessary costs for
4141 relocation and housing rental assistance payments [,] as provided
4242 by Article 56.42(d)[, incurred by a victim of family violence or a
4343 victim of sexual assault who is assaulted in the victim's place of
4444 residence for relocation and housing rental assistance payments];
4545 (I) for an immediate family member or household
4646 member of a deceased victim, bereavement leave of not more than 10
4747 work days; and
4848 (J) reasonable and necessary costs of traveling
4949 to and from a place of execution for the purpose of witnessing the
5050 execution, including one night's lodging near the place at which
5151 the execution is conducted.
5252 SECTION 2. Article 56.42(d), Code of Criminal Procedure, is
5353 amended to read as follows:
5454 (d) A victim who is a victim of stalking, family violence,
5555 or [a victim of] trafficking of persons, or a victim of sexual
5656 assault who is assaulted in the victim's place of residence, may
5757 receive a onetime-only assistance payment in an amount not to
5858 exceed:
5959 (1) $2,000 to be used for relocation expenses,
6060 including expenses for rental deposit, utility connections,
6161 expenses relating to the moving of belongings, motor vehicle
6262 mileage expenses, and for out-of-state moves, transportation,
6363 lodging, and meals; and
6464 (2) $1,800 to be used for housing rental expenses.
6565 SECTION 3. The change in law made by this Act applies only
6666 to a victim of a criminal offense committed or a violation that
6767 occurs on or after the effective date of this Act. The victim of a
6868 criminal offense committed or a violation that occurs before the
6969 effective date of this Act is governed by the law in effect on the
7070 date the offense was committed or the violation occurred, and the
7171 former law is continued in effect for that purpose. For purposes of
7272 this section, a criminal offense was committed or a violation
7373 occurred before the effective date of this Act if any element of the
7474 offense or violation occurred before that date.
7575 SECTION 4. This Act takes effect September 1, 2015.