Texas 2021 - 87th Regular

Texas Senate Bill SB957 Latest Draft

Bill / Enrolled Version Filed 05/26/2021

                            S.B. No. 957


 AN ACT
 relating to the denial or reduction of an award otherwise payable
 under the Crime Victims' Compensation Act.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Article 56B.107, Code of Criminal Procedure, is
 amended by amending Subsection (a) and adding Subsection (c) to
 read as follows:
 (a)  Except as otherwise provided by this article, the [The]
 attorney general may deny or reduce an award otherwise payable:
 (1)  if the claimant or victim has not substantially
 cooperated with an appropriate law enforcement agency;
 (2)  if, as a result of the claimant's or victim's
 behavior, the claimant or victim bears a share of the
 responsibility for the act or omission giving rise to the claim;
 (3)  to the extent that pecuniary loss is recouped from
 a collateral source; or
 (4)  if the claimant or victim was engaging in an
 activity that at the time of the criminally injurious conduct was
 prohibited by law, including a rule.
 (c)  The attorney general may not deny or reduce an award
 under Subsection (a)(1) based on the interactions of the claimant
 or victim with a law enforcement agency at the crime scene or
 hospital unless the attorney general finds that the claimant or
 victim, subsequent to the claimant's or victim's interactions at
 the crime scene or hospital, failed or refused to substantially
 cooperate with the law enforcement agency.
 SECTION 2.  The change in law made by this Act applies only
 to compensation for criminally injurious conduct occurring on or
 after the effective date of this Act.  Compensation for criminally
 injurious conduct occurring before the effective date of this Act
 is governed by the law in effect on the date the conduct occurred,
 and the former law is continued in effect for that purpose.  For
 purposes of this section, criminally injurious conduct occurred
 before the effective date of this Act if any element of the offense
 underlying the conduct occurred before that date.
 SECTION 3.  This Act takes effect September 1, 2021.
 ______________________________ ______________________________
 President of the Senate Speaker of the House
 I hereby certify that S.B. No. 957 passed the Senate on
 May 10, 2021, by the following vote:  Yeas 30, Nays 0.
 ______________________________
 Secretary of the Senate
 I hereby certify that S.B. No. 957 passed the House on
 May 25, 2021, by the following vote:  Yeas 147, Nays 0, one
 present not voting.
 ______________________________
 Chief Clerk of the House
 Approved:
 ______________________________
 Date
 ______________________________
 Governor