BILL ANALYSIS



H.B. 2422
By: Talton
4-19-95
Committee Report (Unamended)


BACKGROUND

Currently, a judge cannot order a person convicted of a misdemeanor
to pay both restitution and a fine.  This puts the judge in the
position of having to make the hobson's choice of who to please and
who to hurt -- impose a fine that will go to the county's general
fund or reimburse the crime victim.

PURPOSE

If enacted, H.B. 2422 would allow the judge entering a conviction
in a misdemeanor case to assess both a fine and restitution in the
same manner as a judge can presently do in a felony.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 42.037(a), Code of Criminal Procedure
(RESTITUTION), by allowing the court to impose restitution to the
victim in addition to any fine authorized by law. Requires the
court to state on the records reasons for not imposing restitution,
partial or whole restitution, if the situation calls for such an
explanation.

SECTION 2.

     (a) Change in law made by this Act applies to an offense
     committed on or after the effective date of this Act.

     (b) Makes effect of the Act prospective.

SECTION 3.  Effective date:  September 1, 1995

SECTION 4.  Emergency clause.

SUMMARY OF COMMITTEE ACTION

HB 2422 was considered by the full committee in a public hearing on
April 19, 1995.  HB 2422 was reported favorably without amendment,
with the recommendation that it do pass and be printed and be sent
to the Committee on Local and Consent Calendars, by a record vote
of 7 ayes, 0 nays, 0 pnv, and 2 absent.