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.