| 4 | 6 | | AN ACT |
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| 5 | 7 | | relating to the denial or reduction of an award otherwise payable |
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| 6 | 8 | | under the Crime Victims' Compensation Act. |
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| 7 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 10 | | SECTION 1. Article 56B.107, Code of Criminal Procedure, is |
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| 9 | 11 | | amended by amending Subsection (a) and adding Subsection (c) to |
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| 10 | 12 | | read as follows: |
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| 11 | 13 | | (a) Except as otherwise provided by this article, the [The] |
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| 12 | 14 | | attorney general may deny or reduce an award otherwise payable: |
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| 13 | 15 | | (1) if the claimant or victim has not substantially |
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| 14 | 16 | | cooperated with an appropriate law enforcement agency; |
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| 15 | 17 | | (2) if, as a result of the claimant's or victim's |
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| 16 | 18 | | behavior, the claimant or victim bears a share of the |
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| 17 | 19 | | responsibility for the act or omission giving rise to the claim; |
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| 18 | 20 | | (3) to the extent that pecuniary loss is recouped from |
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| 19 | 21 | | a collateral source; or |
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| 20 | 22 | | (4) if the claimant or victim was engaging in an |
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| 21 | 23 | | activity that at the time of the criminally injurious conduct was |
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| 22 | 24 | | prohibited by law, including a rule. |
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| 23 | 25 | | (c) The attorney general may not deny or reduce an award |
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| 24 | 26 | | under Subsection (a)(1) based on the interactions of the claimant |
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| 25 | 27 | | or victim with a law enforcement agency at the crime scene or |
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| 26 | 28 | | hospital unless the attorney general finds that the claimant or |
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| 27 | 29 | | victim, subsequent to the claimant's or victim's interactions at |
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| 28 | 30 | | the crime scene or hospital, failed or refused to substantially |
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| 29 | 31 | | cooperate with the law enforcement agency. |
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| 30 | 32 | | SECTION 2. The change in law made by this Act applies only |
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| 31 | 33 | | to compensation for criminally injurious conduct occurring on or |
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| 32 | 34 | | after the effective date of this Act. Compensation for criminally |
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| 33 | 35 | | injurious conduct occurring before the effective date of this Act |
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| 34 | 36 | | is governed by the law in effect on the date the conduct occurred, |
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| 35 | 37 | | and the former law is continued in effect for that purpose. For |
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| 36 | 38 | | purposes of this section, criminally injurious conduct occurred |
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| 37 | 39 | | before the effective date of this Act if any element of the offense |
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| 38 | 40 | | underlying the conduct occurred before that date. |
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| 39 | 41 | | SECTION 3. This Act takes effect September 1, 2021. |
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| 40 | | - | ______________________________ ______________________________ |
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| 41 | | - | President of the Senate Speaker of the House |
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| 42 | | - | I hereby certify that S.B. No. 957 passed the Senate on |
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| 43 | | - | May 10, 2021, by the following vote: Yeas 30, Nays 0. |
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| 44 | | - | ______________________________ |
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| 45 | | - | Secretary of the Senate |
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| 46 | | - | I hereby certify that S.B. No. 957 passed the House on |
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| 47 | | - | May 25, 2021, by the following vote: Yeas 147, Nays 0, one |
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| 48 | | - | present not voting. |
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| 49 | | - | ______________________________ |
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| 50 | | - | Chief Clerk of the House |
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| 51 | | - | Approved: |
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| 52 | | - | ______________________________ |
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| 53 | | - | Date |
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| 54 | | - | ______________________________ |
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| 55 | | - | Governor |
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