HB 3268 Introduced

Relating to the denial or reduction of an award otherwise payable under the Crime Victims’ Compensation Act. 

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A BILL TO BE ENTITLED

 

AN ACT

 

relating to the denial or reduction of an award otherwise payable

 

under the Crime Victims’ Compensation Act.

 

       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 

       SECTION 1.  Article 56B.107(a), Code of Criminal Procedure,

 

is amended to read as follows:

 

       (a)  Except as otherwise provided by this article, the

 

attorney general may deny or reduce an award otherwise payable:

 

             (1)  if the claimant or victim has not substantially

 

cooperated with an appropriate law enforcement agency;

 

             (2)  if, as a result of the claimant’s or victim’s

 

behavior, the claimant or victim bears a share of the

 

responsibility for the act or omission giving rise to the claim;

 

             (3)  to the extent that pecuniary loss is recouped from

 

a collateral source; or

 

             (4)  if the claimant or victim was engaging in an

 

activity that at the time of the criminally injurious conduct was:

 

                   (A)  prohibited by law, including a rule; and

 

                   (B)  related to the criminally injurious conduct.

 

       SECTION 2.  The change in law made 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 3.  This Act takes effect September 1, 2025. 

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