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.