HBA-JLV C.S.H.B. 2085 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2085
By: Gallego
Criminal Jurisprudence
4/23/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Current law limits the aggregate amount of awards to $50,000 that a victim
of crime may receive for pecuniary losses because of injury or death.  It
also limits the additional amount to $50,000 that the attorney general is
authorized to award for extraordinary pecuniary losses if the personal
injury is catastrophic and results in total and permanent disability to the
victim.  Many Texans would like to see an increase in the current
limitations of compensation paid to victims of crime for extraordinary
pecuniary losses due to increased losses incurred by certain victims of
crime and an increased amount of money remaining in the compensation to
victims of crime fund.  C.S.H.B. 2085 authorizes the attorney general to
increase to $75,000 the limit on compensation paid by the state to certain
victims of crime for extraordinary pecuniary losses. 

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. 

ANALYSIS

C.S.H.B. 2085 amends the Code of Criminal Procedure to authorize the
attorney general,  in addition to an amount of $50,000 compensation paid by
the state to certain victims of crime, to increase the compensation paid by
the state to certain victims of crime, from $50,000 to $75,000, for
extraordinary pecuniary losses, for lost wages and reasonable and necessary
costs for services related to a total and permanent disability.  The bill
adds durable medical equipment, rehabilitation technology, and long-term
medical expenses incurred as a result of medically indicated treatment for
the personal injury to the list of things for which a person may be awarded
compensation. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2085 modifies the original to remove the increase of the limit on
compensation paid by the state to certain victims of crime to $75,000.  The
substitute includes as extraordinary pecuniary losses, reasonable and
necessary costs of durable medical equipment, rehabilitation technology,
and long-term medical expenses incurred as a result of medically indicated
treatment for the personal injury.