Texas 2017 - 85th Regular

Texas House Bill HB535 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R4112 MAW-D
2	2	By: Longoria H.B. No. 535
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to compensation under the Crime Victims' Compensation Act
8	8	for damages to real property suffered as a result of a person
9	9	evading arrest or detention.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Articles 56.32(a)(4), (9), and (11), Code of
12	12	Criminal Procedure, are amended to read as follows:
13	13	(4) "Criminally injurious conduct" means conduct
14	14	that:
15	15	(A) occurs or is attempted;
16	16	(B) poses a substantial threat of personal injury
17	17	or death;
18	18	(C) is punishable by fine, imprisonment, or
19	19	death, or would be punishable by fine, imprisonment, or death if the
20	20	person engaging in the conduct possessed capacity to commit the
21	21	conduct; and
22	22	(D) does not arise out of the ownership,
23	23	maintenance, or use of a motor vehicle, aircraft, or water vehicle,
24	24	unless the conduct is:
25	25	(i) intended to cause personal injury or
26	26	death;
27	27	(ii) [or the conduct is] in violation of
28	28	Section 545.157 or 545.401, Transportation Code, if the conduct
29	29	[and] results in bodily injury or death;
30	30	(iii) [, or is] in violation of Section
31	31	550.021, Transportation Code; or
32	32	(iv) in violation of[, or] one or more of
33	33	the following sections of the Penal Code:
34	34	(a) [(i)] Section 19.04
35	35	(manslaughter);
36	36	(b) [(ii)] Section 19.05 (criminally
37	37	negligent homicide);
38	38	(c) [(iii)] Section 22.02 (aggravated
39	39	assault);
40	40	(d) [(iv)] Section 22.05 (deadly
41	41	conduct);
42	42	(e) Section 38.04 (evading arrest or
43	43	detention), if the conduct involved the use of a vehicle as defined
44	44	by that section;
45	45	(f) [(v)] Section 49.04 (driving
46	46	while intoxicated);
47	47	(g) [(vi)] Section 49.05 (flying
48	48	while intoxicated);
49	49	(h) [(vii)] Section 49.06 (boating
50	50	while intoxicated);
51	51	(i) [(viii)] Section 49.07
52	52	(intoxication assault); or
53	53	(j) [(ix)] Section 49.08
54	54	(intoxication manslaughter).
55	55	(9) "Pecuniary loss" means the amount of expense
56	56	reasonably and necessarily incurred as a result of:
57	57	(A) personal injury or death for:
58	58	(i) [(A)] medical, hospital, nursing, or
59	59	psychiatric care or counseling, or physical therapy;
60	60	(ii) [(B)] actual loss of past earnings and
61	61	anticipated loss of future earnings and necessary travel expenses
62	62	because of:
63	63	(a) [(i)] a disability resulting from
64	64	the personal injury;
65	65	(b) [(ii)] the receipt of medically
66	66	indicated services related to the disability resulting from the
67	67	personal injury; or
68	68	(c) [(iii)] participation in or
69	69	attendance at investigative, prosecutorial, or judicial processes
70	70	related to the criminally injurious conduct and participation in or
71	71	attendance at any postconviction or postadjudication proceeding
72	72	relating to criminally injurious conduct;
73	73	(iii) [(C)] care of a child or dependent;
74	74	(iv) [(D)] funeral and burial expenses,
75	75	including, for an immediate family member or household member of
76	76	the victim, the necessary expenses of traveling to and attending
77	77	the funeral;
78	78	(v) [(E)] loss of support to a dependent,
79	79	consistent with Article 56.41(b)(5);
80	80	(vi) [(F)] reasonable and necessary costs
81	81	of cleaning the crime scene;
82	82	(vii) [(G)] reasonable replacement costs
83	83	for clothing, bedding, or property of the victim seized as evidence
84	84	or rendered unusable as a result of the criminal investigation;
85	85	(viii) [(H)] reasonable and necessary
86	86	costs for relocation and housing rental assistance payments as
87	87	provided by Article 56.42(d);
88	88	(ix) [(I)] for an immediate family member
89	89	or household member of a deceased victim, bereavement leave of not
90	90	more than 10 work days; and
91	91	(x) [(J)] reasonable and necessary costs of
92	92	traveling to and from a place of execution for the purpose of
93	93	witnessing the execution, including one night's lodging near the
94	94	place at which the execution is conducted; and
95	95	(B) damage to the victim's real property that is
96	96	caused by criminally injurious conduct described by Subdivision
97	97	(4)(D)(iv)(e).
98	98	(11) "Victim" means[, except as provided by Subsection
99	99	(c)]:
100	100	(A) an individual who:
101	101	(i) suffers personal injury or death as a
102	102	result of criminally injurious conduct or as a result of actions
103	103	taken by the individual as an intervenor, if the conduct or actions
104	104	occurred in this state; and
105	105	(ii) is a resident of this state, another
106	106	state of the United States, the District of Columbia, the
107	107	Commonwealth of Puerto Rico, or a possession or territory of the
108	108	United States;
109	109	(B) an individual who:
110	110	(i) suffers personal injury or death as a
111	111	result of criminally injurious conduct or as a result of actions
112	112	taken by the individual as an intervenor, if the conduct or actions
113	113	occurred in a state or country that does not have a crime victims'
114	114	compensation program that meets the requirements of Section
115	115	1403(b), [Crime] Victims of Crime [Compensation] Act of 1984 (42
116	116	U.S.C. Section 10602(b));
117	117	(ii) is a resident of this state; and
118	118	(iii) would be entitled to compensation
119	119	under this subchapter if the criminally injurious conduct or
120	120	actions had occurred in this state; [or]
121	121	(C) an individual who:
122	122	(i) suffers personal injury or death as a
123	123	result of criminally injurious conduct caused by an act of
124	124	international terrorism as defined by 18 U.S.C. Section 2331
125	125	committed outside of the United States; and
126	126	(ii) is a resident of this state; or
127	127	(D) an individual who, as a result of criminally
128	128	injurious conduct described by Subdivision (4)(D)(iv)(e), suffers
129	129	damages to real property located in this state and owned by the
130	130	individual.
131	131	SECTION 2. Article 56.34(b), Code of Criminal Procedure, is
132	132	amended to read as follows:
133	133	(b) The attorney general[,] shall establish whether, as a
134	134	direct result of criminally injurious conduct, a claimant or victim
135	135	suffered:
136	136	(1) personal injury or death that resulted in a
137	137	pecuniary loss for which the claimant or victim is not compensated
138	138	from a collateral source; or
139	139	(2) damages to real property, if the criminally
140	140	injurious conduct is conduct described by Article
141	141	56.32(a)(4)(D)(iv)(e).
142	142	SECTION 3. Article 56.36(b), Code of Criminal Procedure, is
143	143	amended to read as follows:
144	144	(b) An application must be verified and must contain:
145	145	(1) the date on which the criminally injurious conduct
146	146	occurred;
147	147	(2) a description of the nature and circumstances of
148	148	the criminally injurious conduct;
149	149	(3) a complete financial statement, including:
150	150	(A) the cost of medical care or burial expenses
151	151	and the loss of wages or support the claimant or victim has incurred
152	152	or will incur; [and]
153	153	(B) the damages to real property suffered by the
154	154	claimant or victim as a result of criminally injurious conduct
155	155	described by Article 56.32(a)(4)(D)(iv)(e); and
156	156	(C) the extent to which the claimant or victim
157	157	has been indemnified from a collateral source for the [those]
158	158	expenses or damages described by Paragraphs (A) and (B) [from a
159	159	collateral source];
160	160	(4) if appropriate, a statement indicating the extent
161	161	of a disability resulting from the injury incurred;
162	162	(5) an authorization permitting the attorney general
163	163	to verify the contents of the application; and
164	164	(6) other information the attorney general requires.
165	165	SECTION 4. Article 56.42, Code of Criminal Procedure, is
166	166	amended by adding Subsection (b-1) to read as follows:
167	167	(b-1) Awards payable to a victim and all other claimants
168	168	sustaining pecuniary loss because of damages to real property as a
169	169	result of criminally injurious conduct described by Article
170	170	56.32(a)(4)(D)(iv)(e) may not exceed $50,000 in the aggregate.
171	171	SECTION 5. Article 56.48(a), Code of Criminal Procedure, is
172	172	amended to read as follows:
173	173	(a) Not later than the 40th day after the attorney general
174	174	renders a final decision, a claimant or victim may file with the
175	175	attorney general a notice of dissatisfaction with the decision.
176	176	Not later than the 40th day after the claimant or victim gives
177	177	notice, the claimant or victim shall bring suit in the district
178	178	court having jurisdiction in the county in which:
179	179	(1) the injury or death occurred;
180	180	(2) the victim resided at the time the injury or death
181	181	occurred; [or]
182	182	(3) if the victim resided out of state at the time of
183	183	the injury or death, in the county where the injury or death
184	184	occurred or in a district court of Travis County; or
185	185	(4) the real property is located, if the criminally
186	186	injurious conduct is described by Article 56.32(a)(4)(D)(iv)(e)
187	187	and resulted in pecuniary loss with respect to the property.
188	188	SECTION 6. The change in law made by this Act applies only
189	189	to a victim of a criminal offense committed or a violation that
190	190	occurs on or after the effective date of this Act. A criminal
191	191	offense committed or a violation that occurs before the effective
192	192	date of this Act is governed by the law in effect on the date the
193	193	offense was committed or the violation occurred, and the former law
194	194	is continued in effect for that purpose. For purposes of this
195	195	section, a criminal offense was committed or a violation occurred
196	196	before the effective date of this Act if any element of the offense
197	197	or violation occurred before that date.
198	198	SECTION 7. This Act takes effect September 1, 2017.