By Allen, et al.                                        H.B. No. 11
       74R1725 GWK-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to participation by victims in certain criminal
    1-3  proceedings, restitution for victims, and training for officers who
    1-4  deal with victims; providing a penalty.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6                               ARTICLE 1
    1-7        SECTION 1.01.  Article 56.02(a), Code of Criminal Procedure,
    1-8  is amended to read as follows:
    1-9        (a)  A victim, guardian of a victim, or close relative of a
   1-10  deceased victim is entitled to the following rights within the
   1-11  criminal justice system:
   1-12              (1)  the right to receive from law enforcement agencies
   1-13  adequate protection from harm and threats of harm arising from
   1-14  cooperation with prosecution efforts;
   1-15              (2)  the right to have the magistrate take the safety
   1-16  of the victim or his family into consideration as an element in
   1-17  fixing the amount of bail for the accused;
   1-18              (3)  the right, if requested, to be informed:
   1-19                    (A)  by the attorney representing the state of
   1-20  relevant court proceedings, including appellate proceedings, and to
   1-21  be informed if those <court> proceedings have been canceled or
   1-22  rescheduled prior to the event; and
   1-23                    (B)  by an appellate court of decisions of the
   1-24  court, after the decisions are entered but before the decisions are
    2-1  made public;
    2-2              (4)  the right to be informed, when requested, by a
    2-3  peace officer concerning the defendant's right to bail and the
    2-4  procedures in criminal investigations and by the district
    2-5  attorney's office concerning the general procedures in the criminal
    2-6  justice system, including general procedures in guilty plea
    2-7  negotiations and arrangements, restitution, and the appeals and
    2-8  parole process;
    2-9              (5)  the right to provide pertinent information to a
   2-10  probation department conducting a presentencing investigation
   2-11  concerning the impact of the offense on the victim and his family
   2-12  by testimony, written statement, or any other manner prior to any
   2-13  sentencing of the offender;
   2-14              (6)  the right to receive information regarding
   2-15  compensation to victims of crime as provided by Subchapter B <the
   2-16  Crime Victims Compensation Act (Article 8309-1, Vernon's Texas
   2-17  Civil Statutes)>, including information related to the costs that
   2-18  may be compensated under that subchapter <Act> and the amount of
   2-19  compensation, eligibility for compensation, and procedures for
   2-20  application for compensation under that subchapter <Act>, the
   2-21  payment for a medical examination under Article 56.06 of this code
   2-22  for a victim of a sexual assault, and when requested, to referral
   2-23  to available social service agencies that may offer additional
   2-24  assistance;
   2-25              (7)  the right to be informed, upon request, of parole
   2-26  procedures, to participate in the parole process, to be notified,
   2-27  if requested, of parole proceedings concerning a defendant in the
    3-1  victim's case, to provide to the Board of Pardons and Paroles  for
    3-2  inclusion in the defendant's file information to be considered by
    3-3  the board prior to the parole of any defendant convicted of any
    3-4  crime subject to this Act, and to be notified, if requested, of the
    3-5  defendant's release;
    3-6              (8)  the right to be provided with a waiting area,
    3-7  separate or secure from other witnesses, including the offender and
    3-8  relatives of the offender, before testifying in any proceeding
    3-9  concerning the offender; if a separate waiting area is not
   3-10  available, other safeguards should be taken to minimize the
   3-11  victim's contact with the offender and the offender's relatives and
   3-12  witnesses, before and during court proceedings;
   3-13              (9)  the right to prompt return of any property of the
   3-14  victim that is held by a law enforcement agency or the attorney for
   3-15  the state as evidence when the property is no longer required for
   3-16  that purpose;
   3-17              (10)  the right to have the attorney for the state
   3-18  notify the employer of the victim, if requested, of the necessity
   3-19  of the victim's cooperation and testimony in a proceeding that may
   3-20  necessitate the absence of the victim from work for good cause;
   3-21  <and>
   3-22              (11)  the right to counseling, on request, regarding
   3-23  acquired immune deficiency syndrome (AIDS) and human
   3-24  immunodeficiency virus (HIV) infection and testing for acquired
   3-25  immune deficiency syndrome (AIDS), human immunodeficiency virus
   3-26  (HIV) infection, antibodies to HIV, or infection with any other
   3-27  probable causative agent of AIDS, if the offense is an offense
    4-1  under Section 21.11(a)(1), 22.011, or 22.021, Penal Code; and
    4-2              (12)  the right to request victim-offender mediation
    4-3  coordinated by the victim services section of the Texas Department
    4-4  of Criminal Justice.
    4-5        SECTION 1.02.  Article 56.02(b), Code of Criminal Procedure,
    4-6  is amended to read as follows:
    4-7        (b)  A victim, guardian of a victim, or close relative of a
    4-8  deceased victim is entitled to the right to be present at all
    4-9  public court proceedings related to the offense, subject to the
   4-10  approval of the judge in the case.
   4-11        SECTION 1.03.  Article 56.08, Code of Criminal Procedure, is
   4-12  amended by adding Subsection (d) to read as follows:
   4-13        (d)  The brief general statement describing the plea
   4-14  bargaining stage in a criminal trial required by Subsection (a)(1)
   4-15  shall include a statement that:
   4-16              (1)  the victim impact statement provided by the
   4-17  victim, guardian of a victim, or close relative of a deceased
   4-18  victim will be considered by the attorney representing the state in
   4-19  entering into the plea bargain agreement; and
   4-20              (2)  the judge before accepting the plea bargain is
   4-21  required under Section 26.13(e) to ask:
   4-22                    (A)  whether a victim impact statement has been
   4-23  returned to the attorney; and
   4-24                    (B)  if a statement has been returned, for a copy
   4-25  of the statement.
   4-26        SECTION 1.04.  Chapter 56, Code of Criminal Procedure, is
   4-27  amended by adding Article 56.12 to read as follows:
    5-1        Art. 56.12.  NOTIFICATION OF ESCAPE OR TRANSFER UNDER WRIT OR
    5-2  WARRANT.  (a)  The institutional division of the Texas Department
    5-3  of Criminal Justice shall immediately notify the victim of an
    5-4  offense, the victim's guardian, or the victim's close relative if
    5-5  the victim is deceased, if the victim, victim's guardian, or
    5-6  victim's close relative has notified the institutional division as
    5-7  provided by Subsection (b), whenever the offender:
    5-8              (1)  escapes from a facility operated by the
    5-9  institutional division; or
   5-10              (2)  is transferred from the custody of the
   5-11  institutional division to the custody of a peace officer under a
   5-12  writ of attachment or a bench warrant.
   5-13        (b)  It is the responsibility of the victim, guardian, or
   5-14  close relative desiring notification of an offender's escape or
   5-15  transfer from custody under a writ of attachment or bench warrant
   5-16  to notify the institutional division of the Texas Department of
   5-17  Criminal Justice of the desire for notification and any change of
   5-18  address.
   5-19        (c)  In providing notice under Subsection (a)(2), the
   5-20  institutional division shall include the name, address, and
   5-21  telephone number of the peace officer receiving the inmate into
   5-22  custody.  On returning the inmate to the custody of the
   5-23  institutional division, the peace officer shall notify the victim,
   5-24  the victim's guardian, or the victim's close relative if the victim
   5-25  is deceased, of that fact.
   5-26        SECTION 1.05.  Article 42.131, Code of Criminal Procedure, is
   5-27  amended by adding Section 14 to read as follows:
    6-1        Sec. 14.  VICTIM NOTIFICATION.  (a)  A department, using the
    6-2  name and address provided by the attorney representing the state
    6-3  under Article 56.08(e), shall make a reasonable effort to notify a
    6-4  victim of the defendant's crime or, if the victim has a guardian or
    6-5  is deceased, to notify the guardian of the victim or close relative
    6-6  of the deceased victim of:
    6-7              (1)  the fact that the defendant has been placed on
    6-8  community supervision;
    6-9              (2)  the conditions of community supervision imposed on
   6-10  the defendant by the court; and
   6-11              (3)  the date, time, and location of any hearing or
   6-12  proceeding at which the conditions of the defendant's community
   6-13  supervision may be modified or the defendant's placement on
   6-14  community supervision may be revoked or terminated.
   6-15        (b)  In this section, "close relative of a deceased victim,"
   6-16  "guardian of a victim," and "victim" have the meanings assigned by
   6-17  Article 56.01.
   6-18        SECTION 1.06.  Article 56.08, Code of Criminal Procedure, is
   6-19  amended by adding Subsection (e) to read as follows:
   6-20        (e)  An attorney representing the state who receives
   6-21  information concerning a victim's current address and phone number
   6-22  shall immediately provide that information to the community
   6-23  supervision and corrections department supervising the defendant,
   6-24  if the defendant is placed on community supervision.
   6-25        SECTION 1.07.  Section 8(f)(2), Article 42.18, Code of
   6-26  Criminal Procedure, is amended to read as follows:
   6-27              (2)  Before a parole panel considers for parole a
    7-1  prisoner who is serving a sentence for an offense in which a person
    7-2  was a victim, the pardons and paroles division, using the name and
    7-3  address provided on the victim impact statement, shall make a
    7-4  reasonable effort to notify a victim of the prisoner's crime or if
    7-5  the victim has a legal guardian or is deceased, to notify the legal
    7-6  guardian or close relative of the deceased victim.  If the notice
    7-7  is sent to a guardian or close relative of a deceased victim, the
    7-8  notice must contain a request by the pardons and paroles division
    7-9  that the guardian or relative inform other persons having an
   7-10  interest in the matter that the prisoner is being considered for
   7-11  parole.  If a hearing is held, the parole panel shall allow a
   7-12  victim, guardian of a victim, close relative of a deceased victim,
   7-13  or a representative of a victim or his guardian or close relative
   7-14  to provide, at that person's discretion,  a written or oral
   7-15  statement.  If a hearing is not held, the parole panel shall allow
   7-16  a victim, guardian of a victim, close relative of a deceased
   7-17  victim, or a representative of a victim or his guardian or close
   7-18  relative to meet with the individual panel members and provide, at
   7-19  that person's discretion, a written or oral statement.  This
   7-20  subsection may not be construed to limit the number of persons who
   7-21  may provide statements for or against the release of the prisoner
   7-22  on parole.  The parole panel shall consider the statements and the
   7-23  information provided in a victim impact statement in determining
   7-24  whether or not to recommend parole.  However, the failure of the
   7-25  pardons and paroles division to comply with notice requirements of
   7-26  this subsection is not a ground for revocation of parole.
   7-27        SECTION 1.08.  Section 18, Article 42.18, Code of Criminal
    8-1  Procedure, is amended to read as follows:
    8-2        Sec. 18.  Confidential Information.  (a)  All information
    8-3  obtained and maintained in connection with inmates of the
    8-4  institutional division subject to parole, release to mandatory
    8-5  supervision, or executive clemency, or individuals who may be on
    8-6  mandatory supervision or parole and under the supervision of the
    8-7  pardons and paroles division, or persons directly identified in any
    8-8  proposed plan of release for a prisoner is<, including victim
    8-9  impact statements, lists of inmates eligible for parole, and
   8-10  inmates' arrest records, shall be> confidential and privileged
   8-11  information <and shall not be> subject to <public> inspection only
   8-12  on request by<; provided, however, that all such information shall
   8-13  be available to> the governor, the members of the board, and the
   8-14  Criminal Justice Policy Council for the purpose of performing <to
   8-15  perform> its duties under Section 413.021, Government Code<, upon
   8-16  request>.  Information described under this subsection includes
   8-17  victim protest letters or other correspondence, victim impact
   8-18  statements, lists of inmates eligible for parole, and inmates'
   8-19  arrest records.
   8-20        (b)  Statistical <It is further provided that statistical>
   8-21  and general information respecting the parole and mandatory
   8-22  supervision program and system, including the names of paroled
   8-23  prisoners, prisoners released to mandatory supervision, and data
   8-24  recorded in connection with parole and mandatory supervision
   8-25  services, is <shall be> subject to public inspection at any
   8-26  reasonable time.
   8-27        (c)  A person commits an offense if the person releases to
    9-1  anyone other than the governor, the members of the board, or the
    9-2  Criminal Justice Policy Council information that:
    9-3              (1)  is described under Subsection (a); and
    9-4              (2)  contains material regarding the victim's identity
    9-5  or location.
    9-6        (d)  An offense under this section is a Class B misdemeanor.
    9-7        SECTION 1.09.  Article 56.03(e), Code of Criminal Procedure,
    9-8  is amended to read as follows:
    9-9        (e)  Prior to the imposition of a sentence by the court in a
   9-10  criminal case, the court, if it has received a victim impact
   9-11  statement, shall consider the information provided in the
   9-12  statement.  Before sentencing the defendant, the court shall permit
   9-13  the defendant or his counsel a reasonable time to read the
   9-14  statement, excluding the victim's name, address, and telephone
   9-15  number, comment on the statement, and, with the approval of the
   9-16  court, introduce testimony or other information alleging a factual
   9-17  inaccuracy in the statement.  If the court sentences the defendant
   9-18  to a term of community supervision <probation>, the court shall
   9-19  forward any victim's impact statement received in the case to the
   9-20  community supervision and corrections <probation> department
   9-21  supervising the defendant, along with the papers in the case.
   9-22        SECTION 1.10.  This article takes effect September 1, 1995.
   9-23                               ARTICLE 2
   9-24        SECTION 2.01.  Subchapter A, Chapter 56, Code of Criminal
   9-25  Procedure, is amended by adding Article 56.13 to read as follows:
   9-26        Art. 56.13.  VICTIM-OFFENDER MEDIATION.  The victim services
   9-27  section of the Texas Department of Criminal Justice shall:
   10-1              (1)  train volunteers to act as mediators between
   10-2  victims, guardians of victims, and close relatives of deceased
   10-3  victims and offenders whose criminal conduct caused bodily injury
   10-4  or death to victims; and
   10-5              (2)  provide mediation services through referral of a
   10-6  trained volunteer, if requested by a victim, guardian of a victim,
   10-7  or close relative of a deceased victim.
   10-8        SECTION 2.02.  Article 42.12, Code of Criminal Procedure, is
   10-9  amended by adding Section 30 to read as follows:
  10-10        Sec. 30.  VICTIM-OFFENDER MEDIATION.  If a judge who places a
  10-11  defendant on community supervision receives notice from the victim
  10-12  services section of the Texas Department of Criminal Justice that a
  10-13  victim of the defendant, or the victim's guardian or close
  10-14  relative, wishes to participate in victim-offender mediation with
  10-15  the defendant, the court shall encourage the defendant to
  10-16  participate in the mediation program provided by the section.  The
  10-17  judge may not require the defendant to participate and may not
  10-18  reward the defendant for participation by modifying conditions of
  10-19  community supervision, offering early termination of community
  10-20  supervision, or granting any other benefit to the defendant.
  10-21        SECTION 2.03.  Article 42.18, Code of Criminal Procedure, is
  10-22  amended by adding Section 29 to read as follows:
  10-23        Sec. 29.  VICTIM-OFFENDER MEDIATION.  If the pardons and
  10-24  paroles division receives notice from the victim services section
  10-25  of the Texas Department of Criminal Justice that a victim of the
  10-26  defendant, or the victim's guardian or close relative, wishes to
  10-27  participate in victim-offender mediation with a person released to
   11-1  parole or mandatory supervision, the division shall encourage the
   11-2  person to participate in the mediation program provided by the
   11-3  section.  The pardons and paroles division may not require the
   11-4  defendant to participate and may not reward the person for
   11-5  participation by modifying conditions of release or the person's
   11-6  level of supervision or by granting any other benefit to the
   11-7  person.
   11-8        SECTION 2.04.  Subchapter A, Chapter 501, Government Code, is
   11-9  amended by adding Section 501.018 to read as follows:
  11-10        Sec. 501.018.  VICTIM-OFFENDER MEDIATION.  If the
  11-11  institutional division receives notice from the victim services
  11-12  section of the department that a victim of an inmate imprisoned by
  11-13  the division, or the victim's guardian or close relative, wishes to
  11-14  participate in victim-offender mediation with the inmate, the
  11-15  division shall encourage the inmate to participate in the program
  11-16  provided by the section.  The institutional division may not
  11-17  require the inmate to participate and may not reward the inmate for
  11-18  participation by improving the inmate's classification status or
  11-19  privileges or by granting any other benefits to the inmate.
  11-20        SECTION 2.05.  Article 56.05, Code of Criminal Procedure, is
  11-21  amended by adding Subsection (d) to read as follows:
  11-22        (d)  The Texas Crime Victim Clearinghouse shall periodically
  11-23  develop and submit to the court of criminal appeals, the Commission
  11-24  on Law Enforcement Officer Standards and Education, and the Texas
  11-25  Department of Criminal Justice recommendations for training in
  11-26  crime victims' issues of law enforcement officers, prosecutors,
  11-27  judges, community supervision and corrections department officers,
   12-1  and parole officers.
   12-2        SECTION 2.06.  Subchapter B, Chapter 22, Government Code, is
   12-3  amended by adding Sections 22.110 and 22.111 to read as follows:
   12-4        Sec. 22.110.  JUDICIAL INSTRUCTION REGARDING CRIME VICTIMS'
   12-5  ISSUES.  (a)  The court of criminal appeals shall provide judicial
   12-6  training in crime victims' issues.
   12-7        (b)  The court of criminal appeals shall adopt the rules
   12-8  necessary to accomplish the purposes of this section.  Each
   12-9  district judge and each judge of a statutory county court must
  12-10  complete at least four hours of training within the judge's first
  12-11  term of office.  Each judge who files an affidavit with the office
  12-12  of court administration stating that the judge does not hear
  12-13  criminal cases is exempt from the training requirement.
  12-14        (c)  In adopting the rules, the court of criminal appeals
  12-15  shall consult with the Texas Crime Victim Clearinghouse and may
  12-16  request recommendations for instruction content.  The instruction
  12-17  must include information about:
  12-18              (1)  crime victims' rights under Chapter 56, Code of
  12-19  Criminal Procedure; and
  12-20              (2)  the duty of the court to consider a victim impact
  12-21  statement before imposing a sentence and to ensure that a victim is
  12-22  afforded the rights granted under Chapter 56, Code of Criminal
  12-23  Procedure.
  12-24        Sec. 22.111.  INSTRUCTION ON CRIME VICTIMS' ISSUES REQUIRED
  12-25  FOR PROSECUTORS.  (a)  Each attorney representing the state in the
  12-26  prosecution of felonies shall, as an official duty, annually
  12-27  complete a course of instruction related to crime victims' issues.
   13-1        (b)  The court of criminal appeals shall adopt rules to
   13-2  provide for the training required by Subsection (a).  In adopting
   13-3  the rules, the court shall consult with the Texas Crime Victim
   13-4  Clearinghouse and may request recommendations for instruction
   13-5  content.  The instruction must include information about:
   13-6              (1)  crime victims' rights under Chapter 56, Code of
   13-7  Criminal Procedure; and
   13-8              (2)  the duty of the prosecution, law enforcement
   13-9  agencies, and the court to ensure that a victim is afforded the
  13-10  rights granted under Chapter 56, Code of Criminal Procedure.
  13-11        SECTION 2.07.  Section 415.032(b), Government Code, is
  13-12  amended to read as follows:
  13-13        (b)  In establishing requirements under this section, the
  13-14  commission shall require courses and programs to provide training
  13-15  in:
  13-16              (1)  crime victims' rights under Chapter 56, Code of
  13-17  Criminal Procedure, and the duty of law enforcement agencies to
  13-18  ensure that a victim is afforded those rights; and
  13-19              (2)  the investigation of cases that involve the
  13-20  following:
  13-21                    (A) <(1)>  child abuse;
  13-22                    (B) <(2)>  child neglect;
  13-23                    (C) <(3)>  family violence; and
  13-24                    (D) <(4)>  sexual assault.
  13-25        SECTION 2.08.  Section 415.034(b), Government Code, is
  13-26  amended to read as follows:
  13-27        (b)  The commission shall require a state, county, special
   14-1  district, or municipal agency that appoints or employs peace
   14-2  officers to provide each peace officer with a training program
   14-3  every 24 months.  The course must:
   14-4              (1)  be approved by the commission; and
   14-5              (2)  include education and training in:
   14-6                    (A)  civil rights, racial sensitivity, and
   14-7  cultural diversity; <and>
   14-8                    (B)  crime victims' rights under Chapter 56, Code
   14-9  of Criminal Procedure, and the duty of law enforcement agencies to
  14-10  ensure that a victim is afforded those rights; and
  14-11                    (C)  the recognition of cases that involve the
  14-12  following:
  14-13                          (i)  child abuse;
  14-14                          (ii)  child neglect;
  14-15                          (iii)  family violence; and
  14-16                          (iv)  sexual assault.
  14-17        SECTION 2.09.  Chapter 493, Government Code, is amended by
  14-18  adding Section 493.015 to read as follows:
  14-19        Sec. 493.015.  INSTRUCTION REGARDING CRIME VICTIMS' ISSUES.
  14-20  (a)  The department shall provide an annual four-hour training
  14-21  program in crime victims' issues:
  14-22              (1)  through the community justice assistance division,
  14-23  to community supervision and corrections department officers; and
  14-24              (2)  through the pardons and paroles division, to
  14-25  parole officers.
  14-26        (b)  The board shall adopt rules to provide the training
  14-27  required by Subsection (a).  In adopting the rules, the court shall
   15-1  consult with the Texas Crime Victim Clearinghouse and may request
   15-2  recommendations for instruction content.  The instruction must
   15-3  include information about:
   15-4              (1)  crime victims' rights under Chapter 56, Code of
   15-5  Criminal Procedure; and
   15-6              (2)  the duty of community supervision and corrections
   15-7  department officers and parole officers to ensure that a victim is
   15-8  afforded those rights.
   15-9        SECTION 2.10.  (a)  Each judge who is in office on December
  15-10  31, 1995, and is not exempt must complete the judicial training
  15-11  required by Section 22.110, Government Code, as added by this Act,
  15-12  notwithstanding the requirement of that section that it be
  15-13  completed within the first term of office.  The training must be
  15-14  completed before August 31, 1998.
  15-15        (b)  A judge who takes office on or after January 1, 1996,
  15-16  and who is not exempt from or has not otherwise satisfied the
  15-17  requirements of Section 22.110(b), Government Code, as added by
  15-18  this Act, must complete the judicial training required by that
  15-19  section within the judge's first term of office that begins on or
  15-20  after that date.
  15-21        SECTION 2.11.  The change in law made by Section 22.111,
  15-22  Government Code, as added by this Act, applies only to training for
  15-23  prosecutors to be completed for calendar years beginning on or
  15-24  after January 1, 1996.
  15-25        SECTION 2.12.  (a)  The Commission on Law Enforcement Officer
  15-26  Standards and Education shall establish the new courses and
  15-27  programs required by this Act not later than January 1, 1996.
   16-1        (b)  For persons who are officers on September 1, 1995, the
   16-2  first set of courses required under Section 415.034, Government
   16-3  Code, as amended by this Act, must be completed before September 1,
   16-4  1997.
   16-5        SECTION 2.13.  The Texas Board of Criminal Justice shall
   16-6  establish the programs required by this Act not later than January
   16-7  1, 1996.  For persons who are community supervision and corrections
   16-8  department officers or parole officers on September 1, 1995,
   16-9  participation in a program required by Section 493.015, Government
  16-10  Code, as added by this Act, must be completed by September 1, 1997.
  16-11        SECTION 2.14.  This article takes effect September 1, 1995.
  16-12                               ARTICLE 3
  16-13        SECTION 3.01.  Subsection (g)(1), Article 42.037, Code of
  16-14  Criminal Procedure, is amended to read as follows:
  16-15              (1)  The court may require a defendant to make
  16-16  restitution:
  16-17                    (A)  under this article within a specified period
  16-18  or in specified installments; or
  16-19                    (B)  in the manner provided by Article 42.038 of
  16-20  this code.
  16-21        SECTION 3.02.  Subsection (h), Article 42.037, Code of
  16-22  Criminal Procedure, is amended to read as follows:
  16-23        (h)  If a defendant, other than a defendant ordered to pay
  16-24  restitution in the manner provided by Article 42.038 of this code,
  16-25  is placed on community supervision <probation> or is paroled or
  16-26  released on mandatory supervision under this chapter, the court or
  16-27  the Board of Pardons and Paroles shall order the payment of
   17-1  restitution ordered under this article as a condition of community
   17-2  supervision <probation>, parole, or mandatory supervision.  The
   17-3  court may revoke community supervision <probation> and the Board of
   17-4  Pardons and Paroles may revoke parole or mandatory supervision if
   17-5  the defendant fails to comply with the order.  In determining
   17-6  whether to revoke community supervision <probation>, parole, or
   17-7  mandatory supervision, the court or board shall consider:
   17-8              (1)  the defendant's employment status;
   17-9              (2)  the defendant's earning ability;
  17-10              (3)  the defendant's financial resources;
  17-11              (4)  the willfulness of the defendant's failure to pay;
  17-12  and
  17-13              (5)  any other special circumstances that may affect
  17-14  the defendant's ability to pay.
  17-15        SECTION 3.03.  Chapter 42, Code of Criminal Procedure, is
  17-16  amended by adding Article 42.038 to read as follows:
  17-17        Art. 42.038.  WITHHOLDING FROM EARNINGS FOR RESTITUTION.
  17-18  (a)  A court that, under Article 42.037, orders a defendant  to
  17-19  make restitution to the victim of the offense may order that income
  17-20  be withheld from the disposable earnings of the defendant for
  17-21  restitution and be paid to a community supervision and corrections
  17-22  department.
  17-23        (b)  The court has continuing jurisdiction of a defendant
  17-24  whose income is the subject of an income withholding order to
  17-25  administer and enforce the order.
  17-26        (c)  An income withholding order must direct any employer of
  17-27  the defendant obligated to pay restitution to withhold from the
   18-1  defendant's disposable earnings an amount that is equal to  all or
   18-2  a portion of the amount specified in the restitution order, but
   18-3  that is not more than 50 percent of the defendant's disposable
   18-4  earnings.  The order must state:
   18-5              (1)  the style, docket number, and the court assessing
   18-6  punishment;
   18-7              (2)  the name, address, and, if available, the social
   18-8  security number of the defendant;
   18-9              (3)  the amount of the restitution;
  18-10              (4)  the name and address of the community supervision
  18-11  and corrections department to which payments are to be made; and
  18-12              (5)  any other matter necessary to effect the order.
  18-13        (d)  The defendant whose income is subject to a withholding
  18-14  order or the attorney prosecuting the offense may request the clerk
  18-15  of the court making the order to deliver a certified copy of the
  18-16  income withholding order to any employer of the defendant.  The
  18-17  request must include the name and address of the employer.  The
  18-18  clerk shall issue a certified copy of the order and make a copy of
  18-19  this article for each employer of the defendant whose income is the
  18-20  subject of the order and shall deliver them not later than the
  18-21  second working day after the date the order is signed by the court
  18-22  or a request under this subsection is filed, whichever is later.
  18-23  The order and a copy of this article shall be delivered to the
  18-24  employer by certified or registered mail, return receipt requested,
  18-25  to the person authorized to receive service of process in civil
  18-26  cases generally, or to a person designated by the employer to
  18-27  receive notices of delinquency by written notice to the clerk of
   19-1  the appropriate court, or by the service of citation as provided by
   19-2  the Texas Rules of Civil Procedure.  The clerk may charge the
   19-3  defendant whose income is subject to withholding a reasonable fee
   19-4  of not more than $5 for each copy of the order mailed by the clerk.
   19-5  The amount to be withheld shall be remitted to the community
   19-6  supervision and corrections department named in the order on each
   19-7  regular due date or pay date.  The employer may deduct an
   19-8  administrative fee of not more than $5 each month from the
   19-9  defendant's disposable earnings in addition to the amount to be
  19-10  withheld as restitution.
  19-11        (e)  The employer shall begin to withhold income in
  19-12  accordance with an order issued under this article not later than
  19-13  the first pay period that ends after the 14th day after the date on
  19-14  which the order is delivered to the employer and shall continue to
  19-15  withhold income as long as the defendant whose income is subject to
  19-16  the order is employed by the employer.
  19-17        (f)  Not later than the 20th day after receipt of an income
  19-18  withholding order, the employer may make a motion to the court that
  19-19  made the order for hearing on the applicability of the order  to
  19-20  the employer.  The hearing shall be held not later than the 15th
  19-21  day after the date of the filing of the motion.  The order remains
  19-22  binding and the employer shall continue to make the payments
  19-23  pending further order of the court.
  19-24        (g)  An employer receiving an order under this article who
  19-25  complies with the order is not liable to the defendant whose income
  19-26  is subject to the order for the amount of income withheld and paid
  19-27  as provided in the order.  An employer who receives an income
   20-1  withholding order and who does not comply with the order is liable
   20-2  for the amount not paid in compliance with the order.  That amount
   20-3  and reasonable attorney's fees and court costs may be collected by
   20-4  the prosecuting attorney or by the victim for whose benefit the
   20-5  withholding is to be made.  An employer who receives an income
   20-6  withholding order and who does not comply with the order is also
   20-7  liable to the defendant whose income is subject to the order for
   20-8  any amount withheld but not paid in compliance with the order and
   20-9  for reasonable attorney's fees and court costs.
  20-10        (h)  An employer receiving more than one order on the same
  20-11  defendant shall comply with each order to the maximum extent
  20-12  possible.  If the total amount in the orders exceeds 50 percent of
  20-13  the defendant's disposable earnings, the employer shall pay an
  20-14  equal amount on each order until each order is individually
  20-15  satisfied.  An employer who is ordered to withhold from more than
  20-16  one defendant may combine the amounts withheld and make a single
  20-17  payment to each appropriate community supervision and corrections
  20-18  department requesting withholding if the employer separately
  20-19  identifies the amount of the payment that is attributable to each
  20-20  department.
  20-21        (i)  An employer may not use an order authorized by this
  20-22  article as grounds in whole or part for the termination of
  20-23  employment or for any other disciplinary action against an
  20-24  employee.  An employer may not refuse to hire an employee because
  20-25  of an order withholding income.  If an employer intentionally
  20-26  discharges an employee in violation of this subsection, the
  20-27  employer is liable to the employee for continuing wages and other
   21-1  benefits and for reasonable attorney's fees and court costs
   21-2  incurred by the employee in enforcing the employee's rights under
   21-3  this subsection.  An action under this subsection may be brought
   21-4  only by the employee.
   21-5        (j)  In addition to the civil remedies provided by
   21-6  Subsections (g) and (i) of this article or to any other remedy
   21-7  provided by law, an employer who knowingly violates Subsection (g)
   21-8  or (i) is subject to a fine not to exceed $50 for each occurrence
   21-9  in which the employer fails to withhold and pay in compliance with
  21-10  the withholding order.  The amount of a fine recovered under this
  21-11  subsection shall be paid to the community supervision and
  21-12  corrections department to which withholding is required to be paid
  21-13  and credited against the amount of restitution ordered.
  21-14        (k)  When the employment of a defendant whose income is
  21-15  withheld by the employer under an income withholding order is
  21-16  terminated, both the defendant and the employer shall notify the
  21-17  court  of that fact not later than the seventh day after the
  21-18  termination of employment and shall provide the defendant's last
  21-19  known address and the name and address of the defendant's new
  21-20  employer, if known.  The defendant has a continuing duty to inform
  21-21  each subsequent employer of the income withholding order  after
  21-22  obtaining employment.  The defendant shall promptly notify the
  21-23  court of any other change in the defendant's status that may affect
  21-24  the income withholding order.
  21-25        (l)  A payment received by a community supervision and
  21-26  corrections department under an income withholding order shall be
  21-27  accounted for and distributed in the same manner as a payment
   22-1  received directly from the defendant required to pay the
   22-2  restitution.
   22-3        SECTION 3.04.  Article 56.42(b), Code of Criminal Procedure,
   22-4  is amended to read as follows:
   22-5        (b)  Except in a case determined by the attorney general to
   22-6  be a catastrophic case, awards <Awards> payable to a victim and all
   22-7  other claimants sustaining pecuniary loss because of injury or
   22-8  death of that victim may not exceed $25,000 in the aggregate.
   22-9        SECTION 3.05.  Subsections (b) and (c), Article 56.54, Code
  22-10  of Criminal Procedure, are amended to read as follows:
  22-11        (b)  The compensation to victims of crime fund may be used by
  22-12  the attorney general only for the payment of compensation to
  22-13  claimants under this subchapter, relocation expenses authorized by
  22-14  Article 56.62, and other expenses in administering this subchapter.
  22-15        (c)  The compensation to victims of crime auxiliary fund may
  22-16  be used by the attorney general only for the payment of
  22-17  compensation to claimants under this subchapter and payment of
  22-18  relocation expenses authorized by Article 56.62.
  22-19        SECTION 3.06.  Subchapter B, Chapter 56, Code of Criminal
  22-20  Procedure, is amended by adding Article 56.62 to read as follows:
  22-21        Art. 56.62.  RELOCATION EXPENSES.  (a)  The attorney general
  22-22  by rule may adopt procedures to compensate a victim, guardian of a
  22-23  victim, or close relative of a deceased victim for reasonable and
  22-24  necessary expenses related to the relocation of the victim, close
  22-25  relative, or guardian, if the relocation is necessary to protect
  22-26  the victim, close relative, or guardian from retaliation for
  22-27  testifying in the case.
   23-1        (b)  In this section, "victim," "guardian of a victim," and
   23-2  "close relative of a deceased victim" have the meanings assigned
   23-3  those terms by Article 56.01.
   23-4        SECTION 3.07.  Article 42.18, Code of Criminal Procedure, is
   23-5  amended by adding Section 8B to read as follows:
   23-6        Sec. 8B.  PAROLEE RESTITUTION FUND.  (a)  The parolee
   23-7  restitution fund is a fund outside the treasury and consists of
   23-8  restitution payments made by persons released on parole or
   23-9  mandatory supervision.  Money in the fund may be used only to pay
  23-10  restitution as required by a condition of parole or release to
  23-11  mandatory supervision to victims of criminal offenses.
  23-12        (b)  The state treasurer shall be the trustee of the parolee
  23-13  restitution fund as provided by Section 404.073, Government Code.
  23-14        (c)  When the Board of Pardons and Paroles orders the payment
  23-15  of restitution in the manner prescribed by Article 42.037(h) from a
  23-16  person released on parole or mandatory supervision, the pardons and
  23-17  paroles division shall:
  23-18              (1)  collect the payment for disbursement to the
  23-19  victim;
  23-20              (2)  deposit the payment in the parolee restitution
  23-21  fund; and
  23-22              (3)  transmit the payment to the victim as soon as
  23-23  practicable.
  23-24        (d)  If a victim who is entitled to restitution cannot be
  23-25  located, immediately after receiving a final payment in
  23-26  satisfaction of an order of restitution for the victim the pardons
  23-27  and paroles division shall attempt to notify the victim of that
   24-1  fact by certified mail, mailed to the last known address of the
   24-2  victim.  If a victim then makes a claim for payment, the pardons
   24-3  and paroles division promptly shall remit the payment to the
   24-4  victim.  Money that remains unclaimed shall be transferred to the
   24-5  general revenue fund of the state treasury on the fifth anniversary
   24-6  of the date on which the money was deposited to the credit of the
   24-7  compensation to victims of crime auxiliary fund.
   24-8        SECTION 3.08.  (a)  The change in law made by Sections
   24-9  3.01-3.03 of this Act applies only to restitution for an offense
  24-10  committed on or after the effective date of those sections.  For
  24-11  purposes of this section, an offense is committed before the
  24-12  effective date of those sections if any element of the offense
  24-13  occurs before the effective date.
  24-14        (b)  Restitution for an offense committed before the
  24-15  effective date of Sections 3.01-3.03 of this Act is covered by the
  24-16  law in effect when the offense was committed, and the former law is
  24-17  continued in effect for that purpose.
  24-18        SECTION 3.09.  The pardons and paroles division of the Texas
  24-19  Department of Criminal Justice not later than the 30th day after
  24-20  the effective date of this Act shall deposit any restitution money
  24-21  received before the effective date of this Act but not paid to a
  24-22  victim in the parolee restitution fund in the manner provided by
  24-23  Section 8B, Article 42.18, Code of Criminal Procedure, as added by
  24-24  this article.
  24-25        SECTION 3.10.  (a)  Except as provided by Subsection (b) of
  24-26  this section, this article takes effect September 1, 1995.
  24-27        (b)  Sections 3.01-3.03 of this Act take effect January 1,
   25-1  1996, only if the constitutional amendment proposed by the 74th
   25-2  Legislature, Regular Session, 1995, relating to garnishment of
   25-3  wages for court ordered restitution, is approved by the voters.  If
   25-4  that constitutional amendment is not approved, Sections 3.01-3.03
   25-5  have no effect.
   25-6                               ARTICLE 4
   25-7        SECTION 4.01.  EMERGENCY.  The importance of this legislation
   25-8  and the crowded condition of the calendars in both houses create an
   25-9  emergency and an imperative public necessity that the
  25-10  constitutional rule requiring bills to be read on three several
  25-11  days in each house be suspended, and this rule is hereby suspended.