Texas 2021 - 87th Regular

Texas House Bill HB2170 Compare Versions

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

Old	New	Differences
1	1	87R8147 AJZ-D
2	2	By: Raymond H.B. No. 2170
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to reimbursing a commissioners court and certain
8	8	individuals for the reasonable costs of transporting a body for the
9	9	purpose of an autopsy.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article 49.10, Code of Criminal Procedure, is
12	12	amended by adding Subsections (h-1) and (h-2) to read as follows:
13	13	(h-1) A commissioners court that pays a fee to transport a
14	14	body to or from a place where an autopsy can be performed under this
15	15	article may seek reimbursement for the reasonable costs of the
16	16	transportation as provided by this subsection. On application to
17	17	the attorney representing the state or the head of a law enforcement
18	18	agency, a commissioners court may be reimbursed from civil asset
19	19	forfeiture proceeds as provided by Article 59.06(u), regardless of
20	20	the circumstances of the death.
21	21	(h-2) On application to the attorney general and in
22	22	accordance with Chapter 56B, an individual who pays a fee to
23	23	transport a body from a place where an autopsy can be performed
24	24	under this article, including a family member of the deceased
25	25	victim, may be reimbursed from the compensation to victims of crime
26	26	fund for the reasonable costs of the transportation if the
27	27	physician performing the autopsy determines the death was caused by
28	28	unlawful means.
29	29	SECTION 2. Article 56B.003(10), Code of Criminal Procedure,
30	30	is amended to read as follows:
31	31	(10) "Pecuniary loss" means the amount of the expense
32	32	reasonably and necessarily incurred as a result of personal injury
33	33	or death for:
34	34	(A) medical, hospital, nursing, or psychiatric
35	35	care or counseling, or physical therapy;
36	36	(B) actual loss of past earnings and anticipated
37	37	loss of future earnings and necessary travel expenses because of:
38	38	(i) a disability resulting from the
39	39	personal injury;
40	40	(ii) the receipt of medically indicated
41	41	services related to the disability; or
42	42	(iii) participation in or attendance at
43	43	investigative, prosecutorial, or judicial processes or any
44	44	postconviction or postadjudication proceeding relating to
45	45	criminally injurious conduct;
46	46	(C) care of a child or dependent, including
47	47	specialized care for a child who is a victim;
48	48	(D) funeral and burial expenses, including:
49	49	(i) [,] for an immediate family member or a
50	50	household member of a deceased [the] victim, the necessary expenses
51	51	of traveling to and attending the funeral; and
52	52	(ii) the reasonable costs of transportation
53	53	of the body from a place where an autopsy can be performed if the
54	54	physician performing the autopsy determines the death was caused by
55	55	unlawful means;
56	56	(E) loss of support to a dependent, consistent
57	57	with Article 56B.057(b)(5);
58	58	(F) reasonable and necessary costs of cleaning
59	59	the crime scene;
60	60	(G) reasonable replacement costs for clothing,
61	61	bedding, or property of the victim seized as evidence or rendered
62	62	unusable as a result of the criminal investigation;
63	63	(H) reasonable and necessary costs for
64	64	relocation and housing rental assistance payments as provided by
65	65	Article 56B.106(c);
66	66	(I) for an immediate family member or a household
67	67	member of a deceased victim, bereavement leave of not more than 10
68	68	work days; and
69	69	(J) reasonable and necessary costs of traveling
70	70	to and from a place of execution to witness the execution, including
71	71	one night's lodging near the place where the execution is
72	72	conducted.
73	73	SECTION 3. Article 59.06, Code of Criminal Procedure, is
74	74	amended by adding Subsection (u) to read as follows:
75	75	(u) As a specific exception to Subsection (c) that the funds
76	76	described by that subsection be used only for the official purposes
77	77	of the attorney representing the state or for law enforcement
78	78	purposes, the attorney representing the state or the head of a law
79	79	enforcement agency, as applicable, may use any portion of the gross
80	80	amount credited to the attorney's or agency's special fund under
81	81	Subsection (c) to reimburse a commissioners court for the
82	82	reasonable costs of transporting a body for the purpose of an
83	83	autopsy.
84	84	SECTION 4. This Act takes effect September 1, 2021.