1-1 By: Whitmire S.B. No. 866
1-2 (In the Senate - Filed March 8, 1995; March 9, 1995, read
1-3 first time and referred to Committee on Criminal Justice;
1-4 April 5, 1995, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 0; April 5, 1995,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 866 By: Whitmire
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the payment of restitution to victims of crime or
1-11 reimbursement of the compensation to victims of crime fund and to
1-12 the garnishment of wages for restitution and reimbursement;
1-13 providing civil penalties.
1-14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-15 SECTION 1. Chapter 56, Code of Criminal Procedure, is
1-16 amended by adding Subchapters C, D, and E to read as follows:
1-17 SUBCHAPTER C. DELINQUENT PAYMENT OF RESTITUTION
1-18 OR REIMBURSEMENT
1-19 Art. 56.81. DEFINITION. In this subchapter, "fund" means
1-20 the compensation to victims of crime fund established under Article
1-21 56.54.
1-22 Art. 56.82. INTEREST. (a) A defendant is liable for
1-23 interest that accrues on:
1-24 (1) delinquent restitution payments to a victim of the
1-25 defendant's offense ordered to be paid by the defendant under
1-26 Article 42.037; or
1-27 (2) delinquent reimbursement payments to the fund for
1-28 any amounts paid from the fund to a victim of the defendant's
1-29 offense ordered to be paid by the defendant under Article 42.037.
1-30 (b) The interest accrues at the rate of interest established
1-31 under Section 2, Article 1.05, Title 79, Revised Statutes (Article
1-32 5069-1.05, Vernon's Texas Civil Statutes), from the date the
1-33 payment is delinquent until the date the restitution or
1-34 reimbursement is paid, regardless of whether the amount of the
1-35 payments in arrears has been reduced to judgment by the court.
1-36 (c) A court that confirms the amount of payments in arrears
1-37 shall include all prior arrears and the amount of interest owed in
1-38 the total amount confirmed.
1-39 Art. 56.83. DATE OF DELINQUENCY. (a) A payment of
1-40 restitution or reimbursement is delinquent if the payment is not
1-41 received by the person specified in the payment order before the
1-42 31st day after the payment date stated in the order.
1-43 (b) If a payment date is not stated in the payment order, a
1-44 payment of restitution or reimbursement is delinquent if payment is
1-45 not received by the person specified in the payment order on the
1-46 date that an amount equal to the restitution or reimbursement
1-47 payable for one month becomes delinquent.
1-48 Art. 56.84. COLLECTION. (a) Interest that accrues as
1-49 provided by this subchapter is part of the restitution or
1-50 reimbursement obligation and may be collected by any means provided
1-51 for the collection of a debt, judgment, or court-ordered child
1-52 support.
1-53 (b) An amount collected in excess of current restitution or
1-54 reimbursement is applied first to interest and delinquent
1-55 restitution and reimbursement payments that have been reduced to
1-56 judgment.
1-57 Art. 56.85. BOND OR SECURITY DEPOSIT. If a defendant who
1-58 has been ordered to pay restitution to a victim or reimburse a fund
1-59 seeks to execute a bond or to post security pending a hearing by or
1-60 a proceeding in an appellate court relating to enforcement of the
1-61 payments of restitution or reimbursement, the bond or security on
1-62 forfeiture is payable to the person specified in the payment order.
1-63 Art. 56.86. DISCRETIONARY ORDER TO EXECUTE BOND OR DEPOSIT
1-64 SECURITY. (a) If a defendant who has been ordered to pay
1-65 restitution to a victim or reimbursement to a fund is employed by
1-66 an employer not subject to the jurisdiction of the court or is a
1-67 person to whom the application of Subchapter D is inappropriate
1-68 under existing circumstances, the court may order the defendant to
2-1 execute a bond, subject to the approval of the court, or to deposit
2-2 security with the court.
2-3 (b) The bond or security deposit is to be in an amount set
2-4 by the court and conditioned on the payment of delinquent and
2-5 future payments of restitution or reimbursement.
2-6 (c) The bond or security deposit is payable to the person
2-7 specified in the payment order.
2-8 Art. 56.87. MOTION AND HEARING ON BOND OR SECURITY DEPOSIT
2-9 FORFEITURE. On the motion of a person for whose benefit a bond has
2-10 been executed or security deposited, the court, after notice and
2-11 hearing, may forfeit all or part of the bond or security deposit
2-12 for any amount of restitution or reimbursement payments that are
2-13 due on proof that one or more payments are unpaid.
2-14 Art. 56.88. COLLECTION OF FORFEITED BOND OR SECURITY
2-15 DEPOSIT. Funds collected from a forfeited bond or security deposit
2-16 shall be paid to the person specified in the payment order and
2-17 applied to the outstanding restitution and reimbursement arrears of
2-18 the defendant.
2-19 Art. 56.89. JOINDER OF PROCEEDINGS. A proceeding to revoke,
2-20 amend, modify, or continue community supervision, parole, or
2-21 mandatory supervision may be joined with a proceeding to enforce a
2-22 delinquent restitution or reimbursement payment or a proceeding to
2-23 forfeit a bond or security deposit payable to the person specified
2-24 in the payment order.
2-25 Art. 56.90. DEFENSE TO REVOCATION PROCEEDING. The
2-26 application of funds from a forfeited bond or security deposit to
2-27 any delinquent payment of restitution or reimbursement is not a
2-28 defense in a proceeding to revoke, amend, modify, or continue
2-29 community supervision, parole, or mandatory supervision.
2-30 Art. 56.91. DISPOSITION OF EXCESS FORFEITED MONEY. If the
2-31 proceeds of the forfeited bond or security deposit exceed the
2-32 amount of any delinquent payment of restitution or reimbursement,
2-33 the court may order that all or a portion of the excess amount be
2-34 applied to pay:
2-35 (1) court costs owed by the defendant;
2-36 (2) reimbursement owed to the county for payments made
2-37 to the defendant's court-appointed attorney;
2-38 (3) community supervision, parole, or mandatory
2-39 supervision fees or costs owed by the defendant; or
2-40 (4) attorney's fees and costs incurred by the county
2-41 or the victim or entity bringing the enforcement or forfeiture
2-42 proceedings.
2-43 SUBCHAPTER D. INCOME WITHHOLDING FOR PAYMENT OF
2-44 RESTITUTION OR REIMBURSEMENT
2-45 Art. 56.101. DEFINITION. In this subchapter, "fund" means
2-46 the compensation to victims of crime fund established under Article
2-47 56.54.
2-48 Art. 56.102. WITHHOLDING OF INCOME. (a) A court may order
2-49 the withholding of income from the disposable earnings of a
2-50 defendant to:
2-51 (1) pay restitution to a victim of the defendant's
2-52 offense if:
2-53 (A) the defendant is required to pay restitution
2-54 to the victim under Article 42.037; and
2-55 (B) the attorney representing the state agrees
2-56 to the withholding; or
2-57 (2) reimburse the fund for the amount paid from the
2-58 fund to a victim of the defendant's offense if the court requires
2-59 the reimbursement of the fund under Article 42.037.
2-60 (b) Unless the court finds good cause to require otherwise,
2-61 the court shall require that money withheld for the:
2-62 (1) restitution of a victim be paid to the victim
2-63 through the community supervision and corrections department
2-64 supervising the defendant or the pardons and paroles division of
2-65 the Texas Department of Criminal Justice; or
2-66 (2) reimbursement of the fund be paid to the fund
2-67 through the office of the attorney general.
2-68 Art. 56.103. ARREARAGES. (a)(1) The attorney representing
2-69 the state may file with the court that issued the order for payment
2-70 of restitution or reimbursement a motion requesting withholding of
3-1 income from the disposable earnings of a defendant for restitution
3-2 to a victim or for reimbursement of the fund if the payment is a
3-3 condition of community supervision and if at the time the motion is
3-4 filed the defendant:
3-5 (A) is shown to have been in arrears for at
3-6 least 30 days for some portion of the amount due to the victim or
3-7 the fund; and
3-8 (B) is currently in arrears for an amount equal
3-9 to or greater than the amount due for a 30-day period.
3-10 (2) The attorney general may file with the court that
3-11 issued the order for payment a motion requesting withholding of
3-12 income from the disposable earnings of a defendant for payment of
3-13 restitution to a victim or reimbursement of the fund if the payment
3-14 is a condition of parole or mandatory supervision and if at the
3-15 time the motion is filed the defendant:
3-16 (A) is shown to have been in arrears for at
3-17 least 30 days for some portion of the amount due to the victim or
3-18 the fund; and
3-19 (B) is currently in arrears for an amount equal
3-20 to or greater than the amount due for a 30-day period.
3-21 (b) In other appropriate circumstances, a court may order
3-22 the withholding of income from the disposable earnings of a
3-23 defendant for the arrears in payments of restitution to a victim or
3-24 reimbursement of the fund, including interest as provided by
3-25 Article 56.82.
3-26 (c) Subject to the maximum amount authorized to be withheld
3-27 under Article 56.105, the additional amount to be withheld monthly
3-28 and to be applied towards arrears is the greater of the amount that
3-29 will:
3-30 (1) discharge the arrears in two years; or
3-31 (2) add 20 percent to the current monthly payment
3-32 amount.
3-33 (d) Subject to the maximum amount authorized to be withheld
3-34 under Article 56.105, if the period for periodic payments of
3-35 restitution or reimbursement has expired and the defendant owes
3-36 arrears in restitution or reimbursement payments, the court shall
3-37 order the monthly withholding of the defendant's income to pay the
3-38 arrears, including interest, in an amount to fully discharge the
3-39 arrears in not more than two years.
3-40 (e) If the_court finds that the amount withheld under
3-41 Subsection (d) would cause the defendant or the defendant's family
3-42 to suffer unreasonable hardship, the court may extend the period of
3-43 withholding for a reasonable length of time.
3-44 Art. 56.104. ORDER OF WITHHOLDING. (a) An order
3-45 withholding income must contain:
3-46 (1) the style, docket number, and court having
3-47 continuing jurisdiction of the defendant's case giving rise to the
3-48 obligation to pay restitution or reimbursement;
3-49 (2) the name, address, and, if available, the social
3-50 security number and date of birth of the defendant;
3-51 (3) the amount, including accrued interest, and
3-52 duration of the restitution or reimbursement payments;
3-53 (4) the name, address, and telephone number of the
3-54 person to whom the payments are made; and
3-55 (5) any other necessary information.
3-56 (b) The court shall order the defendant to notify the court
3-57 promptly of any change affecting the order or the amount ordered to
3-58 be withheld.
3-59 Art. 56.105. AMOUNT WITHHELD FROM INCOME. The court shall
3-60 enter an order directing an employer of the defendant to withhold
3-61 from the defendant's disposable earnings the amount specified in
3-62 the order up to a maximum amount of 50 percent of the defendant's
3-63 disposable earnings.
3-64 Art. 56.106. ISSUANCE OF ORDER. (a)(1) If the payment of
3-65 restitution or reimbursement is a condition of community
3-66 supervision, the clerk of the court shall cause a certified copy of
3-67 the order withholding income from earnings to be delivered to the
3-68 defendant's current employer or to any subsequent employer of the
3-69 defendant on request of the victim or the attorney representing the
3-70 state. The person making the request must include the name and
4-1 address of the employer in the request.
4-2 (2) If payment of restitution or reimbursement is a
4-3 condition of parole or mandatory supervision, the clerk of the
4-4 court shall cause a certified copy of the order withholding income
4-5 from earnings to be delivered to the defendant's current employer
4-6 or to any subsequent employer of the defendant on request of the
4-7 attorney general or the victim. The person making the request must
4-8 include the name and address of the employer in the request.
4-9 (b) The clerk shall attach a copy of this subchapter to the
4-10 order for the information of the employer.
4-11 (c) The clerk shall issue and mail the certified copy of the
4-12 order not later than the 10th working day after the date the order
4-13 is signed or the request is filed, whichever is later.
4-14 (d) The requirements of Subsection (c) are satisfied if the
4-15 certified copy of the order is transferred electronically.
4-16 Art. 56.107. NOTICE AND EFFECTIVE DATE OF ORDER. (a) The
4-17 employer shall begin to withhold income in accordance with an order
4-18 issued under this subchapter not later than the first pay period
4-19 after the date the order was delivered to the employer and shall
4-20 continue to withhold income as long as the defendant is employed by
4-21 the employer.
4-22 (b) An order issued under this subchapter that is delivered
4-23 to an employer that does business in this state is binding on the
4-24 employer without regard to whether the defendant resides or works
4-25 outside the state.
4-26 (c) Delivery of the order to the employer must be by:
4-27 (1) certified or registered mail, return receipt
4-28 requested, to:
4-29 (A) the person authorized to receive service of
4-30 process in civil cases generally; or
4-31 (B) a person designated by the employer to
4-32 receive notices of delinquency by written notice to the clerk of
4-33 the appropriate court; or
4-34 (2) the service of citation as provided by the Texas
4-35 Rules of Civil Procedure.
4-36 (d) After the effective date of the order, the amount to be
4-37 withheld must be remitted to the person specified in the payment
4-38 order on each payment date. The payment must include the date on
4-39 which the withholding occurred.
4-40 Art. 56.108. FEES. (a) The employer may deduct an
4-41 administrative fee of not more than $5 per month from the
4-42 defendant's disposable earnings in addition to the amount to be
4-43 withheld as payment of restitution or reimbursement.
4-44 (b) The clerk of the court may charge a person who requests
4-45 an order a reasonable fee not to exceed $15 for each order issued
4-46 and delivered to an employer by mail.
4-47 Art. 56.109. HEARING REQUEST BY EMPLOYER. (a) Not later
4-48 than the 20th day after the date an order of income withholding is
4-49 received, the employer may file a motion for a hearing on the
4-50 applicability of the order to the employer.
4-51 (b) The hearing must be held not later than the 15th day
4-52 after the date the motion is filed.
4-53 (c) The order is binding on the employer pending further
4-54 order of the court.
4-55 Art. 56.110. PRIORITY OF WITHHOLDING. An order made under
4-56 this subchapter has priority over any garnishment, attachment,
4-57 execution, or other assignment or order affecting disposable
4-58 earnings, except an order enforcing the payment of child support.
4-59 Art. 56.111. LIABILITY OF EMPLOYER FOR PAYMENTS. (a) An
4-60 employer who receives an order under this subchapter and complies
4-61 with the order is not liable to the defendant for the amount of
4-62 income withheld and paid as provided by the order.
4-63 (b) An employer who receives an order of withholding under
4-64 this subchapter and does not comply with the order is liable for
4-65 reasonable attorney's fees and court costs as provided by
4-66 Subsection (c) and is liable to:
4-67 (1) the victim or fund named in the order for the
4-68 amount not paid in compliance with the order; or
4-69 (2) the defendant for the amount withheld and not
4-70 paid.
5-1 (c) Reasonable attorney's fees may be assessed, ordered
5-2 paid, and collected as any lawful debt based on the actions of
5-3 employees of the:
5-4 (1) attorney representing the victim;
5-5 (2) attorney general;
5-6 (3) community supervision and corrections department
5-7 supervising the defendant; or
5-8 (4) pardons and paroles division of the Texas
5-9 Department of Criminal Justice.
5-10 (d) An employer receiving two or more orders on any named
5-11 defendant shall comply with every order to the maximum extent
5-12 possible. If the total amount to be withheld in the orders exceeds
5-13 the maximum amount allowable for withholding under Article 56.105,
5-14 the employer shall first pay an equal amount towards the current
5-15 restitution or reimbursement amount of all orders until the
5-16 employer complies with each order. The employer shall then pay
5-17 equal amounts, the total amount not exceeding the amount provided
5-18 by Article 56.105, on the arrearage portion of all orders until the
5-19 employer complies with each order.
5-20 (e) If an employer is ordered to withhold income from more
5-21 than one defendant, the employer may combine the amounts withheld
5-22 from the defendants' wages and make a single payment to each
5-23 appropriate person if the employer separately identifies the amount
5-24 of the payment that is attributable to each defendant.
5-25 Art. 56.112. EMPLOYER'S PENALTY FOR DISCRIMINATORY HIRING OR
5-26 DISCHARGE. (a) An employer may not use an order authorized by
5-27 this subchapter as grounds in whole or in part for the termination
5-28 of employment or for any other disciplinary action against an
5-29 employee.
5-30 (b) An employer may not refuse to hire an employee because
5-31 of an order withholding income.
5-32 (c) If an employer intentionally discharges an employee in
5-33 violation of this article, the employer is liable to the employee
5-34 for:
5-35 (1) current and accruing wages and other benefits; and
5-36 (2) reasonable attorney's fees and court costs
5-37 incurred by the employee in enforcing the employee's rights under
5-38 this article.
5-39 (d) An action under this article may be brought only by the
5-40 employee.
5-41 Art. 56.113. CIVIL PENALTY. (a) In addition to the
5-42 remedies provided by Articles 56.111 and 56.112 or any other remedy
5-43 provided by law, an employer who knowingly violates a court order
5-44 to withhold income is liable for a civil penalty not to exceed $500
5-45 for each occurrence in which the employer fails to withhold income.
5-46 (b) The attorney general may file a civil action to collect
5-47 a civil penalty under this article.
5-48 (c) A civil penalty recovered under this article must be
5-49 paid to the victim or fund entitled to restitution or reimbursement
5-50 and credited against any amounts owed to the victim or fund by the
5-51 defendant.
5-52 Art. 56.114. NOTICE OF TERMINATION OF EMPLOYMENT AND NEW
5-53 EMPLOYMENT. (a) If a defendant terminates employment with an
5-54 employer who has been withholding income, the defendant and the
5-55 employer shall, not later than the seventh day after the date of
5-56 termination:
5-57 (1) notify the court and the person to whom payments
5-58 are ordered to be made; and
5-59 (2) provide the defendant's last known address and the
5-60 name and address of the defendant's new employer, if known.
5-61 (b) The defendant has a continuing duty to inform any
5-62 subsequent employer of the income withholding order after obtaining
5-63 employment.
5-64 Art. 56.115. NOTICE OF TERMINATION OR REDUCTION OF
5-65 WITHHOLDING. Notwithstanding Article 56.107, if a court orders the
5-66 termination of withholding or the reduction of the amount to be
5-67 withheld in payment of restitution or reimbursement under this
5-68 subchapter, any person may deliver to the employer a certified copy
5-69 of the order.
5-70 Art. 56.116. FORM OF ORDER WITHHOLDING INCOME. (a) The
6-1 attorney general shall adopt by rule a form for the order
6-2 withholding income under this subchapter.
6-3 (b) An order withholding income entered by a court is
6-4 sufficient if the order is substantially the same as the form.
6-5 (c) The attorney general may adopt additional forms to
6-6 facilitate efficient collection of restitution to a victim or
6-7 reimbursement of the fund.
6-8 Art. 56.117. TIME LIMITATIONS. The court retains
6-9 jurisdiction to enter an order that provides for income to be
6-10 withheld from the disposable earnings of the defendant if the
6-11 motion for income withholding is filed before the fourth
6-12 anniversary of the date:
6-13 (1) the obligation to pay restitution or reimbursement
6-14 terminates under the order imposing the obligation; or
6-15 (2) an order withholding income was entered under this
6-16 subchapter, if the arrears in payments under the order, including
6-17 accrued interest, have not been fully discharged.
6-18 SUBCHAPTER E. ELIGIBILITY FOR CERTAIN STATE FUNDS
6-19 DUE TO DELINQUENT PAYMENT
6-20 Art. 56.131. DEFINITION. In this subchapter, "fund" means
6-21 the compensation to victims of crime fund established under Article
6-22 56.54.
6-23 Art. 56.132. INELIGIBILITY TO RECEIVE STATE GRANTS OR LOANS
6-24 OR BID ON STATE CONTRACTS. (a) A defendant ordered to pay
6-25 restitution to a victim of the defendant's offense or reimbursement
6-26 to the fund under Article 42.037 who is more than 30 days
6-27 delinquent in making a payment of restitution or reimbursement is
6-28 not eligible to:
6-29 (1) submit a bid or enter into a contract to provide
6-30 property, materials, or services under a contract with the state or
6-31 any political subdivision of the state; or
6-32 (2) receive a state-funded grant or loan.
6-33 (b) A sole proprietorship, partnership, corporation, or
6-34 other associative entity in which a sole proprietor, partner,
6-35 majority shareholder, or substantial owner is a defendant described
6-36 by Subsection (a) may not:
6-37 (1) bid on a state contract; or
6-38 (2) receive a state-funded grant or loan.
6-39 Art. 56.133. ELIGIBILITY REINSTATED. A defendant ordered to
6-40 pay restitution to a victim or reimbursement to the fund remains
6-41 ineligible to submit a bid on or enter into a state contract or
6-42 apply for a state-funded grant or loan until:
6-43 (1) all arrearages in restitution or reimbursement,
6-44 including accrued interest, have been paid; or
6-45 (2) the defendant is in compliance with a written
6-46 repayment agreement or court order for any existing delinquency.
6-47 Art. 56.134. STATEMENT OF ELIGIBILITY REQUIRED. Each bidder
6-48 for a state contract or applicant for a state-funded loan or grant
6-49 shall submit a signed, sworn statement accompanying any bid or
6-50 application affirming that the bidder or applicant is not 30 or
6-51 more days delinquent in paying restitution to a victim or
6-52 reimbursement to the fund under a court order or a written
6-53 repayment agreement.
6-54 Art. 56.135. RULES; FORMS. The attorney general and the
6-55 General Services Commission may adopt rules or prescribe forms to
6-56 implement any provision of this subchapter.
6-57 SECTION 2. Subsection (a), Article 56.02, Code of Criminal
6-58 Procedure, is amended to read as follows:
6-59 (a) A victim, guardian of a victim, or close relative of a
6-60 deceased victim is entitled to the following rights within the
6-61 criminal justice system:
6-62 (1) the right to receive from law enforcement agencies
6-63 adequate protection from harm and threats of harm arising from
6-64 cooperation with prosecution efforts;
6-65 (2) the right to have the magistrate take the safety
6-66 of the victim or his family into consideration as an element in
6-67 fixing the amount of bail for the accused;
6-68 (3) the right, if requested, to be informed of
6-69 relevant court proceedings and to be informed if those court
6-70 proceedings have been canceled or rescheduled prior to the event;
7-1 (4) the right to be informed, when requested, by a
7-2 peace officer concerning the defendant's right to bail and the
7-3 procedures in criminal investigations and by the district
7-4 attorney's office concerning the general procedures in the criminal
7-5 justice system, including general procedures in guilty plea
7-6 negotiations and arrangements, restitution, and the appeals and
7-7 parole process;
7-8 (5) the right to provide pertinent information to a
7-9 probation department conducting a presentencing investigation
7-10 concerning the impact of the offense on the victim and his family
7-11 by testimony, written statement, or any other manner prior to any
7-12 sentencing of the offender;
7-13 (6) the right to receive information regarding
7-14 compensation to victims of crime as provided by Subchapter B <the
7-15 Crime Victims Compensation Act (Article 8309-1, Vernon's Texas
7-16 Civil Statutes)>, including information related to the costs that
7-17 may be compensated under that subchapter <Act> and the amount of
7-18 compensation, eligibility for compensation, and procedures for
7-19 application for compensation under that subchapter <Act>, the
7-20 payment for a medical examination under Article 56.06 of this code
7-21 for a victim of a sexual assault, and when requested, to referral
7-22 to available social service agencies that may offer additional
7-23 assistance;
7-24 (7) the right to be informed, upon request, of parole
7-25 procedures, to participate in the parole process, to be notified,
7-26 if requested, of parole proceedings concerning a defendant in the
7-27 victim's case, to provide to the Board of Pardons and Paroles for
7-28 inclusion in the defendant's file information to be considered by
7-29 the board prior to the parole of any defendant convicted of any
7-30 crime subject to this Act, and to be notified, if requested, of the
7-31 defendant's release;
7-32 (8) the right to be provided with a waiting area,
7-33 separate or secure from other witnesses, including the offender and
7-34 relatives of the offender, before testifying in any proceeding
7-35 concerning the offender; if a separate waiting area is not
7-36 available, other safeguards should be taken to minimize the
7-37 victim's contact with the offender and the offender's relatives and
7-38 witnesses, before and during court proceedings;
7-39 (9) the right to prompt return of any property of the
7-40 victim that is held by a law enforcement agency or the attorney for
7-41 the state as evidence when the property is no longer required for
7-42 that purpose;
7-43 (10) the right to have the attorney for the state
7-44 notify the employer of the victim, if requested, of the necessity
7-45 of the victim's cooperation and testimony in a proceeding that may
7-46 necessitate the absence of the victim from work for good cause;
7-47 <and>
7-48 (11) the right to counseling, on request, regarding
7-49 acquired immune deficiency syndrome (AIDS) and human
7-50 immunodeficiency virus (HIV) infection and testing for acquired
7-51 immune deficiency syndrome (AIDS), human immunodeficiency virus
7-52 (HIV) infection, antibodies to HIV, or infection with any other
7-53 probable causative agent of AIDS, if the offense is an offense
7-54 under Section 21.11(a)(1), 22.011, or 22.021, Penal Code; and
7-55 (12) the right to have a defendant's income withheld
7-56 to pay restitution to the victim of the defendant's offense.
7-57 SECTION 3. Subsection (a), Section 466.407, Government Code,
7-58 as amended by Section 29, Chapter 284, Acts of the 73rd
7-59 Legislature, 1993, is amended to read as follows:
7-60 (a) The director shall deduct the amount of a delinquent tax
7-61 or other money from the winnings of a person who has been finally
7-62 determined to be:
7-63 (1) delinquent in the payment of a tax or other money
7-64 collected by the comptroller, the state treasurer, or the Texas
7-65 Alcoholic Beverage Commission;
7-66 (2) delinquent in making child support payments
7-67 administered or collected by the attorney general;
7-68 (3) in default on a loan made under Chapter 52,
7-69 Education Code; <or>
7-70 (4) in default on a loan guaranteed under Chapter 57,
8-1 Education Code; or
8-2 (5) delinquent in making restitution payments to a
8-3 victim as that term is defined in Article 56.32, Code of Criminal
8-4 Procedure, or in making reimbursement payments to the compensation
8-5 to victims of crime fund established under Article 56.54, Code of
8-6 Criminal Procedure.
8-7 SECTION 4. This Act takes effect December 1, 1995, but only
8-8 if the constitutional amendment relating to the garnishment of
8-9 wages for restitution in a criminal judgment and reimbursement to
8-10 the state for compensation to victims of crime proposed by the 74th
8-11 Legislature, Regular Session, 1995, is approved by the voters. If
8-12 that amendment is not approved by the voters, this Act has no
8-13 effect.
8-14 SECTION 5. The importance of this legislation and the
8-15 crowded condition of the calendars in both houses create an
8-16 emergency and an imperative public necessity that the
8-17 constitutional rule requiring bills to be read on three several
8-18 days in each house be suspended, and this rule is hereby suspended.
8-19 * * * * *