84R4266 MAW-D
	By: Longoria, Guerra	H.B. No. 692

	A BILL TO BE ENTITLED
	AN ACT
	relating to compensation under the Crime Victims' Compensation Act
	for damages to real property suffered as a result of a person
	evading arrest or detention.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Articles 56.32(a)(4), (9), and (11), Code of
	Criminal Procedure, are amended to read as follows:
	(4)  "Criminally injurious conduct" means conduct
	that:
	(A)  occurs or is attempted;
	(B)  poses a substantial threat of personal injury
	or death;
	(C)  is punishable by fine, imprisonment, or
	death, or would be punishable by fine, imprisonment, or death if the
	person engaging in the conduct possessed capacity to commit the
	conduct; and
	(D)  does not arise out of the ownership,
	maintenance, or use of a motor vehicle, aircraft, or water vehicle,
	unless the conduct is:
	(i)  intended to cause personal injury or
	death;
	(ii)  [or the conduct is] in violation of
	Section 545.157 or 545.401, Transportation Code, if the conduct
	[and] results in bodily injury or death;
	(iii)  [, or is] in violation of Section
	550.021, Transportation Code; or
	(iv)  in violation of[, or] one or more of
	the following sections of the Penal Code:
	(a) [(i)]  Section 19.04
	(manslaughter);
	(b) [(ii)]  Section 19.05 (criminally
	negligent homicide);
	(c) [(iii)]  Section 22.02 (aggravated
	assault);
	(d) [(iv)]  Section 22.05 (deadly
	conduct);
	(e)  Section 38.04 (evading arrest or
	detention), if the conduct involved the use of a vehicle as defined
	by that section;
	(f) [(v)]  Section 49.04 (driving
	while intoxicated);
	(g) [(vi)]  Section 49.05 (flying
	while intoxicated);
	(h) [(vii)]  Section 49.06 (boating
	while intoxicated);
	(i) [(viii)]  Section 49.07
	(intoxication assault); or
	(j) [(ix)]  Section 49.08
	(intoxication manslaughter).
	(9)  "Pecuniary loss" means the amount of expense
	reasonably and necessarily incurred as a result of:
	(A)  personal injury or death for:
	(i) [(A)]  medical, hospital, nursing, or
	psychiatric care or counseling, or physical therapy;
	(ii) [(B)]  actual loss of past earnings and
	anticipated loss of future earnings and necessary travel expenses
	because of:
	(a) [(i)]  a disability resulting from
	the personal injury;
	(b) [(ii)]  the receipt of medically
	indicated services related to the disability resulting from the
	personal injury; or
	(c) [(iii)]  participation in or
	attendance at investigative, prosecutorial, or judicial processes
	related to the criminally injurious conduct and participation in or
	attendance at any postconviction or postadjudication proceeding
	relating to criminally injurious conduct;
	(iii) [(C)]  care of a child or dependent;
	(iv) [(D)]  funeral and burial expenses,
	including, for an immediate family member or household member of
	the victim, the necessary expenses of traveling to and attending
	the funeral;
	(v) [(E)]  loss of support to a dependent,
	consistent with Article 56.41(b)(5);
	(vi) [(F)]  reasonable and necessary costs
	of cleaning the crime scene;
	(vii) [(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;
	(viii) [(H)]  reasonable and necessary
	costs, as provided by Article 56.42(d), incurred by a victim of
	family violence or a victim of sexual assault who is assaulted in
	the victim's place of residence for relocation and housing rental
	assistance payments;
	(ix) [(I)]  for an immediate family member
	or household member of a deceased victim, bereavement leave of not
	more than 10 work days; and
	(x) [(J)]  reasonable and necessary costs of
	traveling to and from a place of execution for the purpose of
	witnessing the execution, including one night's lodging near the
	place at which the execution is conducted; and
	(B)  damage to the victim's real property that is
	caused by criminally injurious conduct described by Subdivision
	(4)(D)(iv)(e).
	(11)  "Victim" means[, except as provided by Subsection
	(c)]:
	(A)  an individual who:
	(i)  suffers personal injury or death as a
	result of criminally injurious conduct or as a result of actions
	taken by the individual as an intervenor, if the conduct or actions
	occurred in this state; and
	(ii)  is a resident of this state, another
	state of the United States, the District of Columbia, the
	Commonwealth of Puerto Rico, or a possession or territory of the
	United States;
	(B)  an individual who:
	(i)  suffers personal injury or death as a
	result of criminally injurious conduct or as a result of actions
	taken by the individual as an intervenor, if the conduct or actions
	occurred in a state or country that does not have a crime victims'
	compensation program that meets the requirements of Section
	1403(b), [Crime] Victims of Crime [Compensation] Act of 1984 (42
	U.S.C. Section 10602(b));
	(ii)  is a resident of this state; and
	(iii)  would be entitled to compensation
	under this subchapter if the criminally injurious conduct or
	actions had occurred in this state; [or]
	(C)  an individual who:
	(i)  suffers personal injury or death as a
	result of criminally injurious conduct caused by an act of
	international terrorism as defined by 18 U.S.C. Section 2331
	committed outside of the United States; and
	(ii)  is a resident of this state; or
	(D)  an individual who, as a result of criminally
	injurious conduct described by Subdivision (4)(D)(iv)(e), suffers
	damages to real property located in this state and owned by the
	individual.
	SECTION 2.  Article 56.34(b), Code of Criminal Procedure, is
	amended to read as follows:
	(b)  The attorney general[,] shall establish whether, as a
	direct result of criminally injurious conduct, a claimant or victim
	suffered:
	(1)  personal injury or death that resulted in a
	pecuniary loss for which the claimant or victim is not compensated
	from a collateral source; or
	(2)  damages to real property, if the criminally
	injurious conduct is conduct described by Article
	56.32(a)(4)(D)(iv)(e).
	SECTION 3.  Article 56.36(b), Code of Criminal Procedure, is
	amended to read as follows:
	(b)  An application must be verified and must contain:
	(1)  the date on which the criminally injurious conduct
	occurred;
	(2)  a description of the nature and circumstances of
	the criminally injurious conduct;
	(3)  a complete financial statement, including:
	(A)  the cost of medical care or burial expenses
	and the loss of wages or support the claimant or victim has incurred
	or will incur; [and]
	(B)  the damages to real property suffered by the
	claimant or victim as a result of criminally injurious conduct
	described by Article 56.32(a)(4)(D)(iv)(e); and
	(C)  the extent to which the claimant or victim
	has been indemnified from a collateral source for the [those]
	expenses or damages described by Paragraphs (A) and (B) [from a
	collateral source];
	(4)  if appropriate, a statement indicating the extent
	of a disability resulting from the injury incurred;
	(5)  an authorization permitting the attorney general
	to verify the contents of the application; and
	(6)  other information the attorney general requires.
	SECTION 4.  Article 56.42, Code of Criminal Procedure, is
	amended by adding Subsection (b-1) to read as follows:
	(b-1)  Awards payable to a victim and all other claimants
	sustaining pecuniary loss because of damages to real property as a
	result of criminally injurious conduct described by Article
	56.32(a)(4)(D)(iv)(e) may not exceed $50,000 in the aggregate.
	SECTION 5.  Article 56.48(a), Code of Criminal Procedure, is
	amended to read as follows:
	(a)  Not later than the 40th day after the attorney general
	renders a final decision, a claimant or victim may file with the
	attorney general a notice of dissatisfaction with the decision.
	Not later than the 40th day after the claimant or victim gives
	notice, the claimant or victim shall bring suit in the district
	court having jurisdiction in the county in which:
	(1)  the injury or death occurred;
	(2)  the victim resided at the time the injury or death
	occurred; [or]
	(3)  if the victim resided out of state at the time of
	the injury or death, in the county where the injury or death
	occurred or in a district court of Travis County; or
	(4)  the real property is located, if the criminally
	injurious conduct is described by Article 56.32(a)(4)(D)(iv)(e)
	and resulted in pecuniary loss with respect to the property.
	SECTION 6.  The change in law made by this Act applies only
	to a victim of a criminal offense committed or a violation that
	occurs on or after the effective date of this Act. A criminal
	offense committed or a violation that occurs before the effective
	date of this Act is governed by the law in effect on the date the
	offense was committed or the violation occurred, and the former law
	is continued in effect for that purpose. For purposes of this
	section, a criminal offense was committed or a violation occurred
	before the effective date of this Act if any element of the offense
	or violation occurred before that date.
	SECTION 7.  This Act takes effect September 1, 2015.