Bill Text: TX HB4883 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to reimbursing a commissioners court and certain individuals for the reasonable costs of transporting a body for the purpose of an autopsy.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-23 - Referred to County Affairs [HB4883 Detail]
Download: Texas-2023-HB4883-Introduced.html
88R2677 AJZ-D | ||
By: Raymond | H.B. No. 4883 |
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relating to reimbursing a commissioners court and certain | ||
individuals for the reasonable costs of transporting a body for the | ||
purpose of an autopsy. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 49.10, Code of Criminal Procedure, is | ||
amended by adding Subsections (h-1) and (h-2) to read as follows: | ||
(h-1) A commissioners court that pays a fee to transport a | ||
body to or from a place where an autopsy can be performed under this | ||
article may seek reimbursement for the reasonable costs of the | ||
transportation as provided by this subsection. On application to | ||
the attorney representing the state or the head of a law enforcement | ||
agency, a commissioners court may be reimbursed from civil asset | ||
forfeiture proceeds as provided by Article 59.06(v), regardless of | ||
the circumstances of the death. | ||
(h-2) On application to the attorney general and in | ||
accordance with Chapter 56B, an individual who pays a fee to | ||
transport a body from a place where an autopsy can be performed | ||
under this article, including a family member of the deceased | ||
victim, may be reimbursed from the compensation to victims of crime | ||
fund for the reasonable costs of the transportation if the | ||
physician performing the autopsy determines the death was caused by | ||
unlawful means. | ||
SECTION 2. Article 56B.003(10), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(10) "Pecuniary loss" means the amount of the expense | ||
reasonably and necessarily incurred as a result of personal injury | ||
or death for: | ||
(A) medical, hospital, nursing, or psychiatric | ||
care or counseling, or physical therapy; | ||
(B) actual loss of past earnings and anticipated | ||
loss of future earnings and necessary travel expenses because of: | ||
(i) a disability resulting from the | ||
personal injury; | ||
(ii) the receipt of medically indicated | ||
services related to the disability; or | ||
(iii) participation in or attendance at | ||
investigative, prosecutorial, or judicial processes or any | ||
postconviction or postadjudication proceeding relating to | ||
criminally injurious conduct; | ||
(C) care of a child or dependent, including | ||
specialized care for a child who is a victim; | ||
(D) funeral and burial expenses, including: | ||
(i) [ |
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household member of a deceased [ |
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of traveling to and attending the funeral; and | ||
(ii) the reasonable costs of transportation | ||
of the body from a place where an autopsy can be performed if the | ||
physician performing the autopsy determines the death was caused by | ||
unlawful means; | ||
(E) loss of support to a dependent, consistent | ||
with Article 56B.057(b)(5); | ||
(F) reasonable and necessary costs of cleaning | ||
the crime scene; | ||
(G) reasonable replacement costs for clothing, | ||
bedding, or property of the victim seized as evidence or rendered | ||
unusable as a result of the criminal investigation; | ||
(H) reasonable and necessary costs for | ||
relocation and housing rental assistance payments as provided by | ||
Article 56B.106(c); | ||
(I) for an immediate family member or a household | ||
member of a deceased victim, bereavement leave of not more than 10 | ||
work days; and | ||
(J) reasonable and necessary costs of traveling | ||
to and from a place of execution to witness the execution, including | ||
one night's lodging near the place where the execution is | ||
conducted. | ||
SECTION 3. Article 59.06, Code of Criminal Procedure, is | ||
amended by adding Subsection (v) to read as follows: | ||
(v) As a specific exception to Subsection (c) that the funds | ||
described by that subsection be used only for the official purposes | ||
of the attorney representing the state or for law enforcement | ||
purposes, the attorney representing the state or the head of a law | ||
enforcement agency, as applicable, may use any portion of the gross | ||
amount credited to the attorney's or agency's special fund under | ||
Subsection (c) to reimburse a commissioners court for the | ||
reasonable costs of transporting a body for the purpose of an | ||
autopsy. | ||
SECTION 4. This Act takes effect September 1, 2023. |