| 6 | 4 | | AN ACT |
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| 7 | 5 | | relating to disclosure and use of certain information regarding the |
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| 8 | 6 | | Crime Victims' Compensation Act. |
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| 9 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 8 | | SECTION 1. Subchapter B, Chapter 56, Code of Criminal |
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| 11 | 9 | | Procedure, is amended by adding Article 56.65 to read as follows: |
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| 12 | 10 | | Art. 56.65. DISCLOSURE AND USE OF INFORMATION. (a) This |
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| 13 | 11 | | article does not apply to information made confidential by law. |
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| 14 | 12 | | (b) An application for compensation under this subchapter |
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| 15 | 13 | | and any information, document, summary, or other record provided to |
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| 16 | 14 | | or received, maintained, or created by the attorney general under |
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| 17 | 15 | | this subchapter is: |
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| 18 | 16 | | (1) except as provided by Section 552.132(c), |
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| 19 | 17 | | Government Code, not subject to disclosure under Chapter 552 of |
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| 20 | 18 | | that code; and |
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| 21 | 19 | | (2) except as provided by Subsection (c), not subject |
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| 22 | 20 | | to disclosure, discovery, subpoena, or other means of legal |
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| 23 | 21 | | compulsion for release. |
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| 24 | 22 | | (c) The attorney general may not release or disclose an |
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| 25 | 23 | | application for compensation under this subchapter, or any |
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| 26 | 24 | | information, document, summary, or other record provided to or |
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| 27 | 25 | | received, maintained, or created by the attorney general under this |
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| 28 | 26 | | subchapter, except: |
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| 29 | 27 | | (1) by court order for good cause shown, if the order |
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| 30 | 28 | | includes a finding that the information is not available from any |
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| 31 | 29 | | other source; |
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| 32 | 30 | | (2) with the consent of: |
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| 33 | 31 | | (A) the claimant or victim; or |
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| 34 | 32 | | (B) the person that provided the information to |
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| 35 | 33 | | the attorney general; |
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| 36 | 34 | | (3) to an employee or other person under the direction |
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| 37 | 35 | | of the attorney general; |
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| 38 | 36 | | (4) to another crime victims' compensation program |
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| 39 | 37 | | that meets the requirements of 42 U.S.C. Section 10602(b); |
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| 40 | 38 | | (5) to a person authorized by the attorney general to |
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| 41 | 39 | | receive the information in order to: |
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| 42 | 40 | | (A) conduct an audit as required by state or |
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| 43 | 41 | | federal law; |
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| 44 | 42 | | (B) provide a review or examination under Article |
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| 45 | 43 | | 56.38, 56.385, or 56.39 or under another provision of this |
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| 46 | 44 | | subchapter for the purpose of determining the appropriateness of an |
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| 47 | 45 | | award under this subchapter; |
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| 48 | 46 | | (C) prevent, deter, or punish fraud related to |
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| 49 | 47 | | this subchapter; or |
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| 50 | 48 | | (D) assert subrogation or restitution rights; |
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| 51 | 49 | | (6) as the attorney general determines necessary to |
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| 52 | 50 | | enforce this chapter, including presenting the application, |
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| 53 | 51 | | information, document, summary, or record in court; or |
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| 54 | 52 | | (7) in response to a subpoena that is issued in a |
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| 55 | 53 | | criminal proceeding and that requests an application for |
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| 56 | 54 | | compensation under this subchapter, subject to Subsection (d). |
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| 57 | 55 | | (d) If responding to a subpoena described by Subsection |
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| 58 | 56 | | (c)(7), the attorney general shall release only the victim's |
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| 59 | 57 | | completed application form as described by Article 56.36(a) after |
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| 60 | 58 | | redacting any confidential information described by Section |
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| 61 | 59 | | 552.132(b), Government Code. The release of a victim's completed |
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| 62 | 60 | | application form under this subsection does not affect the |
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| 63 | 61 | | authority of the court to order the release or disclosure of |
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| 64 | 62 | | additional information under this article. |
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| 65 | 63 | | SECTION 2. The change in law made by this Act applies only |
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| 66 | 64 | | to a request for information that is received on or after the |
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| 67 | 65 | | effective date of this Act. A request for information that was |
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| 68 | 66 | | received before the effective date of this Act is governed by the |
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| 69 | 67 | | law in effect on the date the request was received, and the former |
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| 70 | 68 | | law is continued in effect for that purpose. |
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| 71 | 69 | | SECTION 3. This Act takes effect September 1, 2017. |
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