88R19048 CJD-F     By: King of Uvalde H.B. No. 2877     Substitute the following for H.B. No. 2877:     By:  Lozano C.S.H.B. No. 2877       A BILL TO BE ENTITLED   AN ACT   relating to crime victims' compensation.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Articles 56B.003(10) and (14), Code of Criminal   Procedure, are amended to read as follows:                (10)  "Pecuniary loss" means the amount of the expense   reasonably and necessarily incurred as a result of personal injury   or death for:                      (A)  medical, hospital, nursing, or psychiatric   care or counseling, or physical therapy;                      (B)  actual loss of past earnings and anticipated   loss of future earnings and necessary travel expenses because of:                            (i)  a disability resulting from the   personal injury;                            (ii)  the receipt of medically indicated   services related to the disability; or                            (iii)  participation in or attendance at   investigative, prosecutorial, or judicial processes or any   postconviction or postadjudication proceeding relating to   criminally injurious conduct;                      (C)  care of a child or dependent, including   specialized care for a child who is a victim;                      (D)  funeral and burial expenses, including, for   an immediate family member or [a] household member of the victim,   the necessary expenses of traveling to and attending the funeral;                      (E)  loss of support to a dependent, consistent   with Article 56B.057(b)(5);                      (F)  reasonable and necessary costs of cleaning   the crime scene;                      (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;                      (H)  reasonable and necessary costs for   relocation and housing rental assistance payments for a victim of   stalking, family violence, trafficking of persons, or sexual   assault or a child who is a victim of a murder attempt [as provided   by Article 56B.106(c)];                      (I)  for an immediate family member or a household   member of a deceased victim, bereavement leave [of not more than 10   work days]; and                      (J)  reasonable and necessary costs of traveling   to and from a place of execution to witness the execution, including   one night's lodging near the place where the execution is   conducted.                (14)  "Victim" means:                      (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 or another   state 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), Victims of Crime Act of 1984 (34 U.S.C. Section 20102(b));                            (ii)  is a resident of this state; and                            (iii)  would be entitled to compensation   under this chapter 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:                            (i)  is a child enrolled in a public or   private primary or secondary school where criminally injurious   conduct for which the governor issued a disaster declaration under   Section 418.014, Government Code, has occurred, but who was not   present at the time of the conduct; and                            (ii)  is a resident of this state.          SECTION 2.  Articles 56B.102(a) and (c), Code of Criminal   Procedure, are amended to read as follows:          (a)  The [Before acting on an application for compensation   under this chapter, the] attorney general by rule may establish a   process to make an emergency award if it appears likely that[:                [(1)  a final award will be made; and                [(2)]  the claimant or victim will suffer undue   hardship if immediate economic relief is not obtained.          (c)  The rules may provide that the amount of an emergency   award [must] be:                (1)  deducted from the final award; or                (2)  repaid by and recoverable from the claimant or   victim to the extent the emergency award exceeds the final award.          SECTION 3.  Subchapter C, Chapter 56B, Code of Criminal   Procedure, is amended by adding Article 56B.1035 to read as   follows:          Art. 56B.1035.  COMPENSATION FOR PECUNIARY LOSS LIMITED IN   CERTAIN CIRCUMSTANCES. Notwithstanding any other law,   compensation for pecuniary loss with respect to a victim described   by Article 56B.003(14)(D) is limited to:                (1)  psychiatric care or counseling for the victim; and                (2)  for an immediate family member or household member   of the victim, the necessary expenses of traveling to and attending   the funeral of another victim of the criminally injurious conduct.          SECTION 4.  Section 552.132(c), Government Code, is amended   to read as follows:          (c)  If the crime victim or claimant is awarded compensation   under Article 56B.103 or 56B.104, Code of Criminal Procedure, as of   the date of the award of compensation, [the name of the crime victim   or claimant and] the amount of compensation awarded to that crime   victim or claimant is [are] public information and is [are] not   excepted from the requirements of Section 552.021.          SECTION 5.  The following provisions of the Code of Criminal   Procedure are repealed:                (1)  Article 56B.102(b); and                (2)  Articles 56B.106(c) and (d).          SECTION 6.  Chapter 56B, Code of Criminal Procedure, as   amended by this Act, applies only to compensation for criminally   injurious conduct occurring on or after the effective date of this   Act. Compensation for criminally injurious conduct occurring   before the effective date of this Act is governed by the law in   effect on the date the conduct occurred, and the former law is   continued in effect for that purpose. For purposes of this section,   criminally injurious conduct occurred before the effective date of   this Act if any element of the offense underlying the conduct   occurred before that date.          SECTION 7.  This Act takes effect September 1, 2023.