Bill Text: TX HB2970 | 2015-2016 | 84th Legislature | Comm Sub


Bill Title: Relating to the use of money paid as restitution to or on behalf of certain individuals depicted in child pornography.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-05-11 - Committee report sent to Calendars [HB2970 Detail]

Download: Texas-2015-HB2970-Comm_Sub.html
  84R22553 MAW-D
 
  By: Herrero H.B. No. 2970
 
  Substitute the following for H.B. No. 2970:
 
  By:  Herrero C.S.H.B. No. 2970
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the use of money paid as restitution to or on behalf of
  certain individuals depicted in child pornography.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 42.037, Code of Criminal Procedure, is
  amended by adding Subsection (r) to read as follows:
         (r)  The court shall order a defendant convicted of an
  offense under Section 43.26, Penal Code, to make restitution to:
               (1)  an individual who as a child younger than 18 years
  of age was depicted in the visual material, in an amount equal to
  the expenses incurred by the individual as a result of the offense,
  including:
                     (A)  medical services relating to physical,
  psychiatric, or psychological care;
                     (B)  physical and occupational therapy or
  rehabilitation;
                     (C)  necessary transportation, temporary housing,
  and child care expenses;
                     (D)  lost income; and
                     (E)  attorney's fees; or
               (2)  the compensation to child pornography victims fund
  under Article 56.55 to the extent that:
                     (A)  the fund has paid compensation to or on
  behalf of the individual; or
                     (B)  the court is unable to identify an individual
  who as a child was depicted in the visual material, in an amount
  determined by the court after considering:
                           (i)  the average amount of the expenses
  incurred by, and restitution ordered to, individuals in other
  similar cases involving a conviction for an offense under Section
  43.26, Penal Code; and
                           (ii)  other factors the court considers
  appropriate.
         SECTION 2.  Article 56.54(b), Code of Criminal Procedure, is
  amended to read as follows:
         (b)  Except as provided by Subsections (h), (i), (j), and (k)
  and Articles [Article] 56.541 and 56.55, the compensation to
  victims of crime fund may be used only by the attorney general for
  the payment of compensation to claimants or victims under this
  subchapter. For purposes of this subsection, compensation to
  claimants or victims includes money allocated from the fund to the
  Crime Victims' Institute created by Section 96.65, Education Code,
  for the operation of the institute and for other expenses in
  administering this subchapter. The institute shall use money
  allocated from the fund only for the purposes of Sections 96.65,
  96.651, and 96.652, Education Code.
         SECTION 3.  Subchapter B, Chapter 56, Code of Criminal
  Procedure, is amended by adding Article 56.55 to read as follows:
         Art. 56.55.  COMPENSATION TO CHILD PORNOGRAPHY VICTIMS FUND;
  PAYMENT OF AWARDS OR EXPENSES. (a) The compensation to child
  pornography victims fund is an account in the general revenue fund.
  Money in the account may be used only to:
               (1)  award compensation under this article; or
               (2)  provide grants related to preventing child
  pornography and related offenses, including trafficking of
  persons.
         (b)  The attorney general shall:
               (1)  adopt rules governing the administration of the
  compensation to child pornography victims fund, including rules
  establishing procedures for the application, review, and award of
  compensation or the issuance of a grant under this article; and
               (2)  notwithstanding any other provision of this
  subchapter, transfer money from the compensation to child
  pornography victims fund to a subaccount in the compensation to
  victims of crime fund as necessary to award compensation or provide
  a grant under this article.
         (c)  The attorney general shall award compensation to an
  individual who as a child younger than 18 years of age was depicted
  in visual material constituting the basis for one or more
  convictions under Section 43.26, Penal Code, if the attorney
  general finds by a preponderance of the evidence that sufficient
  grounds exist for compensation under this article.
         (d)  An applicant for compensation under this article must
  apply in writing on a form prescribed by the attorney general.  The
  applicant is not required to file an application under Article
  56.36 to receive compensation under this article.
         (e)  An award for compensation under this article must be in
  an amount equal to the expenses incurred by the individual as a
  result of the offense, including:
               (1)  medical services relating to physical,
  psychiatric, or psychological care;
               (2)  physical and occupational therapy or
  rehabilitation;
               (3)  necessary transportation, temporary housing, and
  child care expenses;
               (4)  loss of past earnings; and
               (5)  attorney's fees for assistance in obtaining
  compensation under this article.
         (f)  The attorney general shall reduce an award under this
  article by the amount of restitution received by or on behalf of the
  individual under Article 42.037 and may reduce the award to the
  extent that the applicable expenses are recouped from another
  collateral source, including compensation awarded under Article
  56.34.
         (g)  The attorney general may provide for the payment of an
  award under this article in a lump sum or in installments.
         (h)  The attorney general by rule may limit the amount of
  award that is payable to an individual under this article.
         (i)  The attorney general may use the compensation to victims
  of crime fund to pay expenses associated with the administration of
  the compensation to the child pornography victims fund under this
  article.
         (j)  The attorney general may delegate a power, duty, or
  responsibility given to the attorney general under this article to
  a person in the attorney general's office.
         (k)  The name of an individual awarded compensation under
  this article and any other identifying information regarding that
  individual are confidential and not subject to disclosure under
  Chapter 552, Government Code.
         (l)  To the extent of any conflict between this article and
  another article of this subchapter regarding conduct for which
  compensation may be awarded, this article controls.
         SECTION 4.  The change in law made by this Act applies only
  to a conviction for a criminal offense committed on or after the
  effective date of this Act. A criminal offense committed before the
  effective date of this Act is governed by the law in effect on the
  date the offense was committed, and the former law is continued in
  effect for that purpose. For purposes of this section, a criminal
  offense was committed before the effective date of this Act if any
  element of the offense occurred before that date.
         SECTION 5.  This Act takes effect September 1, 2015.
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