HBA-KMH H.B. 3255 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3255
By: Gallego
Criminal Jurisprudence
3/30/1999
Introduced


BACKGROUND AND PURPOSE 

Currently, the Crime Victim's Compensation Act does not permit victims of
domestic violence to file claims seeking compensation from the compensation
to victims of crime fund for reimbursement of relocation and housing rental
expenses.  Frequently, such victims have no recourse when they attempt to
relocate in order to escape further violence.  H.B. 3255 permits a victim
of domestic violence to file a claim on the compensation to victims of
crime fund to seek compensation for costs incurred for relocation and
housing rental expenses. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 56.32(9), Code of Criminal Procedure, to expand
the definition of "pecuniary loss" to include reasonable and necessary
costs, as provided by Article 56.42(d) (Limits on Compensation), Code of
Criminal Procedure, incurred by victims of domestic violence for relocation
and housing rental assistance payments. 

SECTION 2.  Amends Section 56.42, Code of Criminal Procedure, by adding
Subsection (d), as follows: 

(d)(1) Authorizes a claimant who is a victim of domestic violence to
receive a one-time only assistance payment in an amount to exceed $2,000 to
be used for relocation expenses, including expenses for rental deposit,
utility hook-ups, moving van, labor, packing, and private vehicle milage,
and, for out-of-state moves, transportation fare, lodging, and meals. 

(2) Authorizes a claimant who is a victim of domestic violence to receive a
one-time only assistance payment of housing rental expenses in an amount
not to exceed $1,800. 

(3) Qualifies a claimant who is a victim of domestic violence for payments
under this section only if: 

(A) the alleged offender was living with the victim at the time of the
crime; 

(B) the alleged offender was assisting in or was solely or partly
responsible for making the housing rental payments; and 

(C) the victim has sought a court order barring the alleged offender from
entering onto the premises and the order has been issued or the victim
agrees not to permit the alleged offender to enter onto the premises. 

SECTION 2. CRIMINAL OFFENSES OR VIOLATIONS. Makes application of this Act
prospective. 

SECTION 3. EFFECTIVE DATE.  Effective date: September 1, 1999.

SECTION 4. EMERGENCY.  Emergency clause.