| 1 | 1 | | By: Campos, Garcia, Jones of Harris, Howard H.B. No. 1429 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the definitions of family violence and household member |
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| 7 | 7 | | for purposes of crime victims' compensation. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Articles 56B.003(6) and (7), Code of Criminal |
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| 10 | 10 | | Procedure, are amended to read as follows: |
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| 11 | 11 | | (6) "Family violence" means: |
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| 12 | 12 | | (A) an act by a member of a family or household |
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| 13 | 13 | | against another member of the family or household that is intended |
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| 14 | 14 | | to result in physical harm, bodily injury, assault, or sexual |
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| 15 | 15 | | assault or that is a threat that reasonably places the member in |
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| 16 | 16 | | fear of imminent physical harm, bodily injury, assault, or sexual |
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| 17 | 17 | | assault, but does not include defensive measures to protect |
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| 18 | 18 | | oneself; |
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| 19 | 19 | | (B) abuse, as that term is defined by Sections |
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| 20 | 20 | | 261.001(1)(A), (B), (C), (D), (E), (G), (H), (I), (J), (K), and (M), |
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| 21 | 21 | | Family Code, by a member of a family or household toward a child of |
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| 22 | 22 | | the family or household; or |
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| 23 | 23 | | (C) dating violence, as that term is defined by |
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| 24 | 24 | | Section 71.0021 [has the meaning assigned by Section 71.004(1)], |
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| 25 | 25 | | Family Code. |
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| 26 | 26 | | (7) "Household member" means an individual who[: |
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| 27 | 27 | | [(A) is related by consanguinity or affinity to |
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| 28 | 28 | | the victim; and |
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| 29 | 29 | | [(B)] resided in the same permanent household as |
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| 30 | 30 | | the victim at the time that the criminally injurious conduct |
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| 31 | 31 | | occurred. |
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| 32 | 32 | | SECTION 2. The change in law made by this Act applies only |
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| 33 | 33 | | to compensation for criminally injurious conduct occurring on or |
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| 34 | 34 | | after the effective date of this Act. Compensation for criminally |
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| 35 | 35 | | injurious conduct occurring before the effective date of this Act |
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| 36 | 36 | | is governed by the law in effect on the date the conduct occurred, |
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| 37 | 37 | | and the former law is continued in effect for that purpose. For |
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| 38 | 38 | | purposes of this section, criminally injurious conduct occurred |
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| 39 | 39 | | before the effective date of this Act if any element of the offense |
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| 40 | 40 | | underlying the conduct occurred before that date. |
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| 41 | 41 | | SECTION 3. This Act takes effect September 1, 2023. |
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