By: Campos, Garcia, Jones of Harris, Howard H.B. No. 1429
A BILL TO BE ENTITLED
AN ACT
relating to the definitions of family violence and household member
for purposes of crime victims' compensation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Articles 56B.003(6) and (7), Code of Criminal
Procedure, are amended to read as follows:
(6) "Family violence" means:
(A) an act by a member of a family or household
against another member of the family or household that is intended
to result in physical harm, bodily injury, assault, or sexual
assault or that is a threat that reasonably places the member in
fear of imminent physical harm, bodily injury, assault, or sexual
assault, but does not include defensive measures to protect
oneself;
(B) abuse, as that term is defined by Sections
261.001(1)(A), (B), (C), (D), (E), (G), (H), (I), (J), (K), and (M),
Family Code, by a member of a family or household toward a child of
the family or household; or
(C) dating violence, as that term is defined by
Section 71.0021 [has the meaning assigned by Section 71.004(1)],
Family Code.
(7) "Household member" means an individual who[:
[(A) is related by consanguinity or affinity to
the victim; and
[(B)] resided in the same permanent household as
the victim at the time that the criminally injurious conduct
occurred.
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, 2023.