Bill making traffickers pay for victims’ tattoo removal

The text as introduced · 612 words

89R12451 MCF-F

By: Alvarado
S.B. No. 1804

A BILL TO BE ENTITLED

AN ACT

relating to restitution and compensation paid to victims of certain

offenses for tattoo removal related to the offense.

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

SECTION 1. The heading to Article 42.0372, Code of Criminal

Procedure, is amended to read as follows:

Art. 42.0372. MANDATORY RESTITUTION FOR [ CHILD ] VICTIMS OF

TRAFFICKING OF PERSONS OR [ COMPELLING ] PROSTITUTION RELATED

OFFENSES .

SECTION 2. Article 42.0372(a), Code of Criminal Procedure,

is amended to read as follows:

(a) The court shall order a defendant convicted of an

offense under Chapter 20A or Subchapter A, Chapter 43 [ Section

20A.02 or 43.05(a)(2) ], Penal Code, to pay restitution in an amount

equal to :

(1) the cost of necessary rehabilitation, including

medical, psychiatric, and psychological care and treatment ; and

(2) the cost of the removal of a tattoo the victim

received as a result of force, fraud, or coercion related to the

offense [ , for any victim of the offense who is younger than 18

years of age ].

SECTION 3. Article 56B.003(10), Code of Criminal Procedure,

is 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 a

family member or 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 as provided by

Articles 56B.106(c) and (c-1);

(I) for a family member or household member of a

deceased victim, bereavement leave; [ and ]

(J) reasonable and necessary costs of traveling

to and from a place of execution to witness the execution, including

lodging near the place where the execution is conducted ; and

(K) tattoo removal as provided by Article

56B.106(c-4) .

SECTION 4. Article 56B.106, Code of Criminal Procedure, is

amended by adding Subsection (c-4) to read as follows:

(c-4) A victim of trafficking of persons may receive

compensation in an amount not to exceed $3,000 for the removal of a

tattoo the victim received as a result of force, fraud, or coercion

related to the applicable offense.

SECTION 5. The changes in law made by this Act apply only to

an offense committed on or after the effective date of this Act. An

offense committed before the effective date of this Act is governed

by the law in effect on the date the offense was committed, and the

former law is continued in effect for that purpose. For purposes of

this section, an offense was committed before the effective date of

this Act if any element of the offense occurred before that date.

SECTION 6. This Act takes effect September 1, 2025.