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A BILL TO BE ENTITLED
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AN ACT
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relating to the payment of restitution by a person released on |
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parole or to mandatory supervision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 508.322, Government Code, is amended by |
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amending Subsections (c), (d), (e), and (f) and adding Subsections |
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(c-1) and (c-2) to read as follows: |
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(c) When a parole panel orders the payment of restitution |
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from a releasee as provided by Article 42.037(h), Code of Criminal |
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Procedure, the department shall: |
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(1) collect the payment for disbursement to the |
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victim; |
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(2) deposit the payment in the releasee restitution |
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fund; and |
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(3) transmit the payment to the clerk of the court that |
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entered the order of restitution [to the victim] as soon as |
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practicable for the clerk to remit the payment to the victim. |
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(c-1) The department shall include the releasee's name and |
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other relevant identifying information, the cause number, and the |
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payment amount when transmitting a payment to the clerk of the court |
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under Subsection (c)(3). |
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(c-2) On receipt of a payment transmitted to the clerk of |
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the court under Subsection (c)(3), the clerk shall process and |
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account for the payment in the same manner as if the payment had |
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been made directly to the clerk. |
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(d) If a victim who is entitled to restitution cannot be |
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located, immediately after receiving a final payment in |
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satisfaction of an order of restitution for the victim, the clerk of |
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the court [department] shall attempt to notify the victim of that |
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fact by certified mail, mailed to the last known address of the |
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victim. If a victim then makes a claim for payment, the clerk of |
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the court [department] promptly shall remit the payment to the |
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victim. |
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(e) If a victim who is entitled to restitution does not make |
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a claim for payment before the fifth anniversary of the date the |
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clerk of the court [department] receives the initial restitution |
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payment or if, after the victim makes a claim for payment, the clerk |
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[department] is unable to locate the victim for a period of five |
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years after the date the clerk [department] last made a payment to |
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the victim, any unclaimed restitution payments being held by the |
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clerk [department] for payment to the victim are presumed |
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abandoned. The clerk of the court [department] shall report and |
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deliver to the comptroller all unclaimed restitution payments |
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presumed abandoned under this section in the manner provided by |
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Chapter 77, Property Code. |
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(f) If on March 1 a clerk of the court [department] is not |
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holding unclaimed restitution payments that are presumed abandoned |
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under this section, the clerk [department] shall file a property |
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report under Section 77.051, Property Code, that certifies that the |
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clerk [department] is not holding any unclaimed restitution |
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payments that are presumed abandoned under this section. |
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SECTION 2. This Act takes effect December 1, 2023. |