Bill Text: TX SB1010 | 2015-2016 | 84th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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 (Republican 1-0)
Status: (Engrossed - Dead) 2015-05-23 - Referred to Criminal Jurisprudence [SB1010 Detail]
Download: Texas-2015-SB1010-Introduced.html
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 (Republican 1-0)
Status: (Engrossed - Dead) 2015-05-23 - Referred to Criminal Jurisprudence [SB1010 Detail]
Download: Texas-2015-SB1010-Introduced.html
84R8950 MAW-D | ||
By: Taylor of Collin | S.B. No. 1010 |
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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 [ |
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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) pay expenses related to preventing crime, | ||
including human trafficking crime. | ||
(b) The attorney general shall establish a committee, | ||
consisting of six members appointed by the attorney general, to | ||
administer the account. Notwithstanding any other provision of | ||
this subchapter, the committee shall 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 under Subsections (c)-(j) or to pay expenses related | ||
to preventing crime. | ||
(c) The committee 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 committee 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) lost income; and | ||
(5) attorney's fees. | ||
(f) The committee 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. | ||
(g) The committee 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 aggregate | ||
amount of award that is payable to an individual under this article. | ||
(i) 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. | ||
(j) 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. |