BILL ANALYSIS



H.B. 2424
By: Talton
 4-19-95
Committee Report (Unamended)


BACKGROUND

Currently it is not required as part of community supervision that
a defendant make a payment to the Crime Victims Compensation Fund.

PURPOSE

If enacted, H.B. 2424 would add a payment to the Crime Victims
Compensation Fund if no restitution is required of the list of
things that a judge can order a defendant to do as a condition of
community supervision.

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 Section 11(a), Article 42.12, Code of Criminal
Procedure, as amended by Section 2, Chapter 806, and Section 4.01,
Chapter 900, Acts of the 73rd Legislature, Regular Session, 1993,
by requiring that if no reimbursement is demanded of the defendant,
then he or she can be ordered to pay the Crime Victims Compensation
Fund $50.00 for a misdemeanor and $100.00 for a felony.

SECTION 2.  Amends Section 56.54, Code of Criminal Procedure
(FUNDS), by adding Subsection (h) that states that Sections 403.094
and 403.095, Government Code, do not apply to the compensation of
victims of crime fund or the compensation to victims of crime
auxiliary fund.

SECTION 3.  Recreates the compensation to victims of crime fund and
the compensation to victims of crime auxiliary fund as special
funds to be used for purposes under Subchapter B, Chapter 56, Code
of Criminal Procedure.

SECTION 4.

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

     (b) Makes effect of the Act prospective.

SECTION 5.  Effective Date:  September 1, 1995.

SECTION 6.  Emergency clause.


SUMMARY OF COMMITTEE ACTION

HB 2424 was considered by the full committee in a public hearing on
April 19, 1995.  The following person testified on the bill:

     Laurel E. Kelly, resource witness for the Office of the
     Attorney General.

HB 2424 was reported favorably without amendment, with the
recommendation that it do pass and be printed by a record vote of
7 ayes, 0 nays, 0 pnv, and 2 absent.