Texas 2015 - 84th Regular

Texas Senate Bill SB146 Latest Draft

Bill / Introduced Version Filed 11/10/2014

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                            84R531 MAW-D
 By: Rodríguez S.B. No. 146


 A BILL TO BE ENTITLED
 AN ACT
 relating to compensation to victims of stalking for relocation and
 housing rental expenses.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Article 56.32(a)(9), Code of Criminal Procedure,
 is amended to read as follows:
 (9)  "Pecuniary loss" means the amount of expense
 reasonably and necessarily incurred as a result of personal injury
 or death for:
 (A)  medical, hospital, nursing, or psychiatric
 care or counseling, or physical therapy;
 (B)  actual loss of past earnings and anticipated
 loss of future earnings and necessary travel expenses because of:
 (i)  a disability resulting from the
 personal injury;
 (ii)  the receipt of medically indicated
 services related to the disability resulting from the personal
 injury; or
 (iii)  participation in or attendance at
 investigative, prosecutorial, or judicial processes related to the
 criminally injurious conduct and participation in or attendance at
 any postconviction or postadjudication proceeding relating to
 criminally injurious conduct;
 (C)  care of a child or dependent;
 (D)  funeral and burial expenses, including, for
 an immediate family member or household member of the victim, the
 necessary expenses of traveling to and attending the funeral;
 (E)  loss of support to a dependent, consistent
 with Article 56.41(b)(5);
 (F)  reasonable and necessary costs of cleaning
 the crime scene;
 (G)  reasonable replacement costs for clothing,
 bedding, or property of the victim seized as evidence or rendered
 unusable as a result of the criminal investigation;
 (H)  reasonable and necessary costs for
 relocation and housing rental assistance payments [,] as provided
 by Article 56.42(d)[, incurred by a victim of family violence or a
 victim of sexual assault who is assaulted in the victim's place of
 residence for relocation and housing rental assistance payments];
 (I)  for an immediate family member or household
 member of a deceased victim, bereavement leave of not more than 10
 work days; and
 (J)  reasonable and necessary costs of traveling
 to and from a place of execution for the purpose of witnessing the
 execution, including one night's lodging near the place at which
 the execution is conducted.
 SECTION 2.  Article 56.42(d), Code of Criminal Procedure, is
 amended to read as follows:
 (d)  A victim who is a victim of stalking, family violence,
 or [a victim of] trafficking of persons, or a victim of sexual
 assault who is assaulted in the victim's place of residence, may
 receive a onetime-only assistance payment in an amount not to
 exceed:
 (1)  $2,000 to be used for relocation expenses,
 including expenses for rental deposit, utility connections,
 expenses relating to the moving of belongings, motor vehicle
 mileage expenses, and for out-of-state moves, transportation,
 lodging, and meals; and
 (2)  $1,800 to be used for housing rental expenses.
 SECTION 3.  The change in law made by this Act applies only
 to a victim of a criminal offense committed or a violation that
 occurs on or after the effective date of this Act. The victim of a
 criminal offense committed or a violation that occurs before the
 effective date of this Act is governed by the law in effect on the
 date the offense was committed or the violation occurred, and the
 former law is continued in effect for that purpose. For purposes of
 this section, a criminal offense was committed or a violation
 occurred before the effective date of this Act if any element of the
 offense or violation occurred before that date.
 SECTION 4.  This Act takes effect September 1, 2015.