1 | 1 | | 84R531 MAW-D |
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2 | 2 | | By: RodrÃguez S.B. No. 146 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to compensation to victims of stalking for relocation and |
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8 | 8 | | housing rental expenses. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Article 56.32(a)(9), Code of Criminal Procedure, |
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11 | 11 | | is amended to read as follows: |
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12 | 12 | | (9) "Pecuniary loss" means the amount of expense |
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13 | 13 | | reasonably and necessarily incurred as a result of personal injury |
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14 | 14 | | or death for: |
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15 | 15 | | (A) medical, hospital, nursing, or psychiatric |
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16 | 16 | | care or counseling, or physical therapy; |
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17 | 17 | | (B) actual loss of past earnings and anticipated |
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18 | 18 | | loss of future earnings and necessary travel expenses because of: |
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19 | 19 | | (i) a disability resulting from the |
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20 | 20 | | personal injury; |
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21 | 21 | | (ii) the receipt of medically indicated |
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22 | 22 | | services related to the disability resulting from the personal |
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23 | 23 | | injury; or |
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24 | 24 | | (iii) participation in or attendance at |
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25 | 25 | | investigative, prosecutorial, or judicial processes related to the |
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26 | 26 | | criminally injurious conduct and participation in or attendance at |
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27 | 27 | | any postconviction or postadjudication proceeding relating to |
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28 | 28 | | criminally injurious conduct; |
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29 | 29 | | (C) care of a child or dependent; |
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30 | 30 | | (D) funeral and burial expenses, including, for |
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31 | 31 | | an immediate family member or household member of the victim, the |
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32 | 32 | | necessary expenses of traveling to and attending the funeral; |
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33 | 33 | | (E) loss of support to a dependent, consistent |
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34 | 34 | | with Article 56.41(b)(5); |
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35 | 35 | | (F) reasonable and necessary costs of cleaning |
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36 | 36 | | the crime scene; |
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37 | 37 | | (G) reasonable replacement costs for clothing, |
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38 | 38 | | bedding, or property of the victim seized as evidence or rendered |
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39 | 39 | | unusable as a result of the criminal investigation; |
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40 | 40 | | (H) reasonable and necessary costs for |
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41 | 41 | | relocation and housing rental assistance payments [,] as provided |
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42 | 42 | | by Article 56.42(d)[, incurred by a victim of family violence or a |
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43 | 43 | | victim of sexual assault who is assaulted in the victim's place of |
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44 | 44 | | residence for relocation and housing rental assistance payments]; |
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45 | 45 | | (I) for an immediate family member or household |
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46 | 46 | | member of a deceased victim, bereavement leave of not more than 10 |
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47 | 47 | | work days; and |
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48 | 48 | | (J) reasonable and necessary costs of traveling |
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49 | 49 | | to and from a place of execution for the purpose of witnessing the |
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50 | 50 | | execution, including one night's lodging near the place at which |
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51 | 51 | | the execution is conducted. |
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52 | 52 | | SECTION 2. Article 56.42(d), Code of Criminal Procedure, is |
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53 | 53 | | amended to read as follows: |
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54 | 54 | | (d) A victim who is a victim of stalking, family violence, |
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55 | 55 | | or [a victim of] trafficking of persons, or a victim of sexual |
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56 | 56 | | assault who is assaulted in the victim's place of residence, may |
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57 | 57 | | receive a onetime-only assistance payment in an amount not to |
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58 | 58 | | exceed: |
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59 | 59 | | (1) $2,000 to be used for relocation expenses, |
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60 | 60 | | including expenses for rental deposit, utility connections, |
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61 | 61 | | expenses relating to the moving of belongings, motor vehicle |
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62 | 62 | | mileage expenses, and for out-of-state moves, transportation, |
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63 | 63 | | lodging, and meals; and |
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64 | 64 | | (2) $1,800 to be used for housing rental expenses. |
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65 | 65 | | SECTION 3. The change in law made by this Act applies only |
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66 | 66 | | to a victim of a criminal offense committed or a violation that |
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67 | 67 | | occurs on or after the effective date of this Act. The victim of a |
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68 | 68 | | criminal offense committed or a violation that occurs before the |
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69 | 69 | | effective date of this Act is governed by the law in effect on the |
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70 | 70 | | date the offense was committed or the violation occurred, and the |
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71 | 71 | | former law is continued in effect for that purpose. For purposes of |
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72 | 72 | | this section, a criminal offense was committed or a violation |
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73 | 73 | | occurred before the effective date of this Act if any element of the |
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74 | 74 | | offense or violation occurred before that date. |
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75 | 75 | | SECTION 4. This Act takes effect September 1, 2015. |
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