By Black                                              H.B. No. 2179
          Substitute the following for H.B. No. 2179:
          By Combs                                          C.S.H.B. No. 2179
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to restitution paid by criminal defendants to crime
    1-3  victims.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 42, Code of Criminal Procedure, is
    1-6  amended by adding Article 42.037 to read as follows:
    1-7        Art. 42.037.  RESTITUTION.  (a)  In addition to or, in the
    1-8  case of a misdemeanor, in lieu of any other penalty authorized by
    1-9  law, the court that sentences a defendant convicted of an offense
   1-10  may order the defendant to make restitution to any victim of the
   1-11  offense.  If the court does not order restitution or orders partial
   1-12  restitution under this subsection, the court shall state on the
   1-13  record the reasons for not making the order or for the limited
   1-14  order.
   1-15        (b)(1)  If the offense results in damage to or loss or
   1-16  destruction of property of a victim of the offense, the court order
   1-17  the defendant to:
   1-18                    (A)  return the property to the owner of the
   1-19  property or someone designated by the owner; or
   1-20                    (B)  if return of the property is impossible or
   1-21  impractical or is an inadequate remedy, pay an amount equal to the
   1-22  greater of:
   1-23                          (i)  the value of the property on the date
    2-1  of the damage, loss, or destruction or
    2-2                          (ii)  the value of the property on the date
    2-3  of sentencing, less the value of any part of the property that is
    2-4  returned on the date the property is returned.
    2-5              (2)  If the offense results in bodily injury to a
    2-6  victim, the court may order the defendant to do any one or more of
    2-7  the following:
    2-8                    (A)  pay an amount equal to the cost of necessary
    2-9  medical and related professional services and devices relating to
   2-10  physical, psychiatric, and psychological care, including nonmedical
   2-11  care and treatment rendered in accordance with a method of healing
   2-12  recognized by the law of the place of treatment;
   2-13                    (B)  pay an amount equal to the cost of necessary
   2-14  physical and occupational therapy and rehabilitation;
   2-15                    (C)  reimburse the victim for income lost by the
   2-16  victim as a result of the offense.
   2-17              (3)  If the offense results in the death of a victim,
   2-18  the court may, in addition to an order under Subdivision (2), order
   2-19  the defendant to pay an amount equal to the cost of necessary
   2-20  funeral and related services.
   2-21              (4)  If the victim or the victim's estate consents, the
   2-22  court may, in addition to an order under Subdivision (2), order the
   2-23  defendant to make restitution by performing services instead of by
   2-24  paying money or make restitution to a person or organization
   2-25  designated by the victim or the estate.
    3-1        (c)  The court, in determining whether to order restitution
    3-2  and the amount of restitution, shall consider:
    3-3              (1)  the amount of the loss sustained by any victim as
    3-4  a result of the offense;
    3-5              (2)  the financial resources of the defendant;
    3-6              (3)  the financial needs and earning ability of the
    3-7  defendant and the defendant's dependents; and
    3-8              (4)  other factors the court deems appropriate.
    3-9        (d)  If the court orders restitution under this article and
   3-10  the victim is deceased the court shall order the defendant to make,
   3-11  restitution to the victim's estate.
   3-12        (e)  The court shall impose an order of restitution that is
   3-13  as fair as possible to the victim.  The imposition of the order may
   3-14  not unduly complicate or prolong the sentencing process.
   3-15        (f)(1)  The court may not order restitution for a loss for
   3-16  which the victim has received or will receive compensation.  The
   3-17  court may, in the interest of justice, order restitution to any
   3-18  person who has compensated the victim for the loss to the extent
   3-19  the person paid compensation.  An order of restitution shall
   3-20  require that all restitution to a victim be made before any
   3-21  restitution to any other person is made under the order.
   3-22              (2)  Any amount recovered by a victim from a person
   3-23  ordered to pay restitution in a federal or state civil proceeding
   3-24  is reduced by any amount previously paid to the victim by the
   3-25  person under an order of restitution.
    4-1        (g)(1)  The court may require a defendant to make restitution
    4-2  under this article within a specified period or in specified
    4-3  installments.
    4-4              (2)  The end of the period or the last installment may
    4-5  not be later than:
    4-6                    (A)  the end of the period of probation, if
    4-7  probation is ordered;
    4-8                    (B)  five years after the end of the term of
    4-9  imprisonment imposed, if the court does not order probation; or
   4-10                    (C)  five years after the date of sentencing in
   4-11  any other case.
   4-12              (3)  If the court does not provide otherwise, the
   4-13  defendant shall make restitution immediately.
   4-14              (4)  The order of restitution must require the
   4-15  defendant to make restitution directly to the victim or other
   4-16  person eligible for restitution under this article or to deliver
   4-17  the amount or property due as restitution to a community
   4-18  supervision and corrections department for transfer to the victim
   4-19  or person.
   4-20        (h)  If a defendant is placed on probation or is paroled or
   4-21  released on mandatory supervision under this chapter, the court or
   4-22  the Board of Pardons and Paroles shall order the payment of
   4-23  restitution ordered under this article as a condition of probation,
   4-24  parole, or mandatory supervision.  The court may revoke probation
   4-25  and the Board of Pardons and Paroles may revoke parole or mandatory
    5-1  supervision if the defendant fails to comply with the order.  In
    5-2  determining whether to revoke probation, parole, or mandatory
    5-3  supervision, the court or board shall consider:
    5-4              (1)  the defendant's employment status;
    5-5              (2)  the defendant's earning ability;
    5-6              (3)  the defendant's financial resources;
    5-7              (4)  the willfulness of the defendant's failure to pay;
    5-8  and
    5-9              (5)  any other special circumstances that may affect
   5-10  the defendant's ability to pay.
   5-11        (i)  In addition to any other terms and conditions of
   5-12  probation imposed under Article 42.12 of this code, the court may
   5-13  require a probationer to reimburse the crime victims compensation
   5-14  fund created under the Crime Victims Compensation Act (Article
   5-15  8309-1, Vernon's Texas Civil Statutes) and its subsequent
   5-16  amendments for any amounts paid from that fund to a victim of the
   5-17  probationer's offense.  In this subsection, "victim" has the
   5-18  meaning assigned by Article 56.01 of this code.
   5-19        (j)  The court may order a community supervision and
   5-20  corrections department to obtain information pertaining to the
   5-21  factors listed in Subsection (c) of this article.  The probation
   5-22  officer shall include the information in the report required under
   5-23  Section 9(a) of Article 42.12 of this code or a separate report, as
   5-24  the court directs.  The court shall permit the defendant and the
   5-25  prosecuting attorney to read the report.
    6-1        (k)  The court shall resolve any dispute relating to the
    6-2  proper amount or type of restitution.  The standard of proof is a
    6-3  preponderance of the evidence.  The burden of demonstrating the
    6-4  amount of the loss sustained by a victim as a result of the offense
    6-5  is on the prosecuting attorney.    The burden of demonstrating the
    6-6  financial resources of the defendant and the financial needs of the
    6-7  defendant and the defendant's dependents is on the defendant.  The
    6-8  burden of demonstrating other matters as the court deems
    6-9  appropriate is on the party designated by the court as justice
   6-10  requires.
   6-11        (l)  conviction of a defendant for an offense involving the
   6-12  act giving rise to restitution under this article estops the
   6-13  defendant from denying the essential allegations of that offense in
   6-14  any subsequent federal civil proceeding or state civil proceeding
   6-15  brought by the victim, to the extent consistent with state law.
   6-16        (m)  An order of restitution may be enforced by the state or
   6-17  a victim named in the order to receive the restitution in the same
   6-18  manner as a judgment in a civil action.
   6-19        SECTION 2.  Section 11(a), Article 42.12, Code of Criminal
   6-20  Procedure, is amended to read as follows:
   6-21        (a)  The court having jurisdiction of the case shall
   6-22  determine the terms and conditions of probation and may, at any
   6-23  time, during the period of probation alter or modify the
   6-24  conditions; provided, however, that the clerk of the court shall
   6-25  furnish a copy of such terms and conditions to the probationer, and
    7-1  shall note the date of delivery of such copy on the docket.  Terms
    7-2  and conditions of probation may include, but shall not be limited
    7-3  to, the conditions that the probationer shall:
    7-4              (1)  Commit no offense against the laws of this State
    7-5  or of any other State or to the United States;
    7-6              (2)  Avoid injurious or vicious habits;
    7-7              (3)  Avoid persons or places of disreputable or harmful
    7-8  character;
    7-9              (4)  Report to the probation officer as directed by the
   7-10  judge or probation officer and obey all rules and regulations of
   7-11  the probation department;
   7-12              (5)  Permit the probation officer to visit him at his
   7-13  home or elsewhere;
   7-14              (6)  Work faithfully at suitable employment as far as
   7-15  possible;
   7-16              (7)  Remain within a specified place;
   7-17              (8)  Pay his fine, if one be assessed, and all court
   7-18  costs whether a fine be assessed or not, in one or several sums<,
   7-19  and make restitution or reparation in any sum that the court shall
   7-20  determine>;
   7-21              (9)  Support his dependents;
   7-22              (10)  Participate, for a time specified by the court in
   7-23  any community-based program, including a community-service work
   7-24  program designated by the court;
   7-25              (11)  Reimburse the county in which the prosecution was
    8-1  instituted for compensation paid to appointed counsel for defending
    8-2  him in the case, if counsel was appointed, or if he was represented
    8-3  by a county-paid public defender, in an amount that would have been
    8-4  paid to an appointed attorney had the county not had a public
    8-5  defender;
    8-6              (12)  Remain under custodial supervision in a
    8-7  community-based facility, obey all rules and regulations of such
    8-8  facility, and pay a percentage of his income to the facility for
    8-9  room and board;
   8-10              (13)  Pay a percentage of his income to his dependents
   8-11  for their support while under custodial suspension in a
   8-12  community-based facility;
   8-13              (14)  <Pay a percentage of his income to the victim of
   8-14  the offense, if any, to compensate the victim for any property
   8-15  damage or medical expenses sustained by the victim as a direct
   8-16  result of the commission of the offense;>
   8-17              <(15)>  Submit to testing for controlled substances;
   8-18              (15) <(16)>  Attend counseling sessions for substance
   8-19  abusers or participate in substance abuse treatment services in a
   8-20  program or facility approved or licensed by the Texas Commission on
   8-21  Alcohol and Drug Abuse, if the person was sentenced for an offense
   8-22  involving controlled substances or the court determines that the
   8-23  defendant's use of controlled substances was connected to the
   8-24  commission to the offense;
   8-25              (16) <(17)>  Register under Article 6252-13c.1, Revised
    9-1  Statutes; and
    9-2              (17) <(18)>  With the consent of the victim of a
    9-3  misdemeanor offense or of any offense under Title 7, Penal Code,
    9-4  participate in victim-defendant mediation <for the purpose of
    9-5  making restitution to the victim>.
    9-6        SECTION 3.  Section 15(a), Article 42.12, Code of Criminal
    9-7  Procedure, as amended by Section 1, Chapter 111, Acts of the 71st
    9-8  Legislature, Regular Session, 1989, and Section 4.17, Chapter 785,
    9-9  Acts of the 71st Legislature, Regular Session, 1989, is amended to
   9-10  read as follows:
   9-11        (a)  If the court requires a probationer to make restitution
   9-12  to a victim of the probationer's offense, and a payment is received
   9-13  under <Section 6(a)(8) or (a)(14) of> this chapter <article> from
   9-14  the probationer for transmittal to a victim of the offense, the
   9-15  community supervision and corrections <probation> department that
   9-16  receives the payment for disbursement to the victim shall
   9-17  immediately deposit the payment in an interest-bearing account in
   9-18  the department having original jurisdiction.  The department shall
   9-19  transmit the payment to the victim as soon as practicable.
   9-20        SECTION 4.  Section 11(c), Article 42.12, Code of Criminal
   9-21  Procedure, as added by Section 2, Chapter 202, Acts of the 72nd
   9-22  Legislature, Regular Session, 1991, is repealed.
   9-23        SECTION 5.  (a)  The change in law made by this Act applies
   9-24  only to an order of restitution for an offense committed on or
   9-25  after the effective date of this Act.  For purposes of this
   10-1  section, an offense is committed before the effective date of this
   10-2  Act if any element of the offense occurs before the effective date.
   10-3        (b)  An order of restitution for an offense committed before
   10-4  the effective date of this Act is covered by the law in effect when
   10-5  the offense was committed, and the former law is continued in
   10-6  effect for this purpose.
   10-7        SECTION 6.  This Act takes effect September 1, 1993.
   10-8        SECTION 7.  The importance of this legislation and the
   10-9  crowded condition of the calendars in both houses create an
  10-10  emergency and an imperative public necessity that the
  10-11  constitutional rule requiring bills to be read on three several
  10-12  days in each house be suspended, and this rule is hereby suspended.