| 1 | 1 | | 89R13679 CJD-D |
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| 2 | 2 | | By: Simmons H.B. No. 3268 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the denial or reduction of an award otherwise payable |
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| 10 | 10 | | under the Crime Victims' Compensation Act. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Article 56B.107(a), Code of Criminal Procedure, |
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| 13 | 13 | | is amended to read as follows: |
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| 14 | 14 | | (a) Except as otherwise provided by this article, the |
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| 15 | 15 | | attorney general may deny or reduce an award otherwise payable: |
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| 16 | 16 | | (1) if the claimant or victim has not substantially |
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| 17 | 17 | | cooperated with an appropriate law enforcement agency; |
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| 18 | 18 | | (2) if, as a result of the claimant's or victim's |
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| 19 | 19 | | behavior, the claimant or victim bears a share of the |
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| 20 | 20 | | responsibility for the act or omission giving rise to the claim; |
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| 21 | 21 | | (3) to the extent that pecuniary loss is recouped from |
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| 22 | 22 | | a collateral source; or |
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| 23 | 23 | | (4) if the claimant or victim was engaging in an |
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| 24 | 24 | | activity that at the time of the criminally injurious conduct was: |
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| 25 | 25 | | (A) prohibited by law, including a rule; and |
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| 26 | 26 | | (B) related to the criminally injurious conduct. |
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| 27 | 27 | | SECTION 2. The change in law made by this Act applies only |
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| 28 | 28 | | to compensation for criminally injurious conduct occurring on or |
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| 29 | 29 | | after the effective date of this Act. Compensation for criminally |
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| 30 | 30 | | injurious conduct occurring before the effective date of this Act |
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| 31 | 31 | | is governed by the law in effect on the date the conduct occurred, |
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| 32 | 32 | | and the former law is continued in effect for that purpose. For |
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| 33 | 33 | | purposes of this section, criminally injurious conduct occurred |
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| 34 | 34 | | before the effective date of this Act if any element of the offense |
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| 35 | 35 | | underlying the conduct occurred before that date. |
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| 36 | 36 | | SECTION 3. This Act takes effect September 1, 2025. |
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