| 1 | 1 | | By: Alvarado, Parker S.B. No. 1804 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to restitution and compensation paid to victims of certain |
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| 9 | 9 | | offenses for tattoo removal related to the offense. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. The heading to Article 42.0372, Code of Criminal |
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| 12 | 12 | | Procedure, is amended to read as follows: |
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| 13 | 13 | | Art. 42.0372. MANDATORY RESTITUTION FOR [CHILD] VICTIMS OF |
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| 14 | 14 | | TRAFFICKING OF PERSONS OR [COMPELLING] PROSTITUTION RELATED |
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| 15 | 15 | | OFFENSES. |
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| 16 | 16 | | SECTION 2. Article 42.0372(a), Code of Criminal Procedure, |
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| 17 | 17 | | is amended to read as follows: |
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| 18 | 18 | | (a) The court shall order a defendant convicted of an |
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| 19 | 19 | | offense under Chapter 20A or Subchapter A, Chapter 43 [Section |
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| 20 | 20 | | 20A.02 or 43.05(a)(2)], Penal Code, to pay restitution in an amount |
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| 21 | 21 | | equal to: |
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| 22 | 22 | | (1) the cost of necessary rehabilitation, including |
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| 23 | 23 | | medical, psychiatric, and psychological care and treatment; and |
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| 24 | 24 | | (2) the cost of the removal of a tattoo the victim |
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| 25 | 25 | | received as a result of force, fraud, or coercion related to the |
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| 26 | 26 | | offense[, for any victim of the offense who is younger than 18 years |
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| 27 | 27 | | of age]. |
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| 28 | 28 | | SECTION 3. Article 56B.003(10), Code of Criminal Procedure, |
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| 29 | 29 | | is amended to read as follows: |
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| 30 | 30 | | (10) "Pecuniary loss" means the amount of the expense |
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| 31 | 31 | | reasonably and necessarily incurred as a result of personal injury |
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| 32 | 32 | | or death for: |
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| 33 | 33 | | (A) medical, hospital, nursing, or psychiatric |
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| 34 | 34 | | care or counseling, or physical therapy; |
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| 35 | 35 | | (B) actual loss of past earnings and anticipated |
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| 36 | 36 | | loss of future earnings and necessary travel expenses because of: |
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| 37 | 37 | | (i) a disability resulting from the |
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| 38 | 38 | | personal injury; |
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| 39 | 39 | | (ii) the receipt of medically indicated |
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| 40 | 40 | | services related to the disability; or |
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| 41 | 41 | | (iii) participation in or attendance at |
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| 42 | 42 | | investigative, prosecutorial, or judicial processes or any |
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| 43 | 43 | | postconviction or postadjudication proceeding relating to |
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| 44 | 44 | | criminally injurious conduct; |
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| 45 | 45 | | (C) care of a child or dependent, including |
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| 46 | 46 | | specialized care for a child who is a victim; |
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| 47 | 47 | | (D) funeral and burial expenses, including, for a |
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| 48 | 48 | | family member or household member of the victim, the necessary |
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| 49 | 49 | | expenses of traveling to and attending the funeral; |
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| 50 | 50 | | (E) loss of support to a dependent, consistent |
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| 51 | 51 | | with Article 56B.057(b)(5); |
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| 52 | 52 | | (F) reasonable and necessary costs of cleaning |
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| 53 | 53 | | the crime scene; |
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| 54 | 54 | | (G) reasonable replacement costs for clothing, |
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| 55 | 55 | | bedding, or property of the victim seized as evidence or rendered |
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| 56 | 56 | | unusable as a result of the criminal investigation; |
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| 57 | 57 | | (H) reasonable and necessary costs for |
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| 58 | 58 | | relocation and housing rental assistance payments as provided by |
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| 59 | 59 | | Articles 56B.106(c) and (c-1); |
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| 60 | 60 | | (I) for a family member or household member of a |
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| 61 | 61 | | deceased victim, bereavement leave; [and] |
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| 62 | 62 | | (J) reasonable and necessary costs of traveling |
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| 63 | 63 | | to and from a place of execution to witness the execution, including |
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| 64 | 64 | | lodging near the place where the execution is conducted; and |
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| 65 | 65 | | (K) tattoo removal as provided by Article |
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| 66 | 66 | | 56B.106(c-4). |
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| 67 | 67 | | SECTION 4. Article 56B.106, Code of Criminal Procedure, is |
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| 68 | 68 | | amended by adding Subsection (c-4) to read as follows: |
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| 69 | 69 | | (c-4) A victim of trafficking of persons may receive |
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| 70 | 70 | | compensation in an amount not to exceed $3,000 for the removal of a |
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| 71 | 71 | | tattoo the victim received as a result of force, fraud, or coercion |
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| 72 | 72 | | related to the applicable offense. |
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| 73 | 73 | | SECTION 5. The changes in law made by this Act apply only to |
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| 74 | 74 | | an offense committed on or after the effective date of this Act. An |
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| 75 | 75 | | offense committed before the effective date of this Act is governed |
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| 76 | 76 | | by the law in effect on the date the offense was committed, and the |
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| 77 | 77 | | former law is continued in effect for that purpose. For purposes of |
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| 78 | 78 | | this section, an offense was committed before the effective date of |
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| 79 | 79 | | this Act if any element of the offense occurred before that date. |
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| 80 | 80 | | SECTION 6. This Act takes effect September 1, 2025. |
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