SRC-SLL H.B. 2829 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 2829
By: Place (Shapleigh)
Criminal Justice
5-17-97
Engrossed


DIGEST 

Under current law it is clear when a local Community Supervision and
Corrections Department should remit an initial unclaimed restitution
payment to the Comptroller of Public Accounts, but it is unclear when to
remit additional payments received.  This bill provides regulations
regarding the disposition of restitution payments made to victims of
crime. 

PURPOSE

As proposed, H.B. 2829  provides regulations regarding the disposition of
restitution payments made to victims of crime. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. (a) Amends Sections 76.013(a) and (b), Government Code, to
require a community supervision and corrections department (department)
that receives a defendant's restitution payment for disbursement to the
victim to immediately deposit the payment in an interest-bearding account
in the county treasury as required by Section 140.003(f), Local Government
Code, rather than in an interest bearing account in the department having
original jurisdiction.  Requires a department, if an initial restitution
payment is received by a department, to immediately notify the victim of
that fact. Provides that a department is obligated to make a good faith
effort to locate and notify a victim that an unclaimed payment exists.
Provides that the department satisfies the good faith requirement under
this subsection by sending to the victim by certified mail on any one
occasion during the period the defendant is required to make payments a
notice that the victim is entitled to an unclaimed payment.  Requires the
department, after making an initial transfer of payments to the
Comptroller of Public Accounts under this subsection, to transfer the
subsequent payment to the comptroller within a certain time period.
Requires the department to deduct five percent of the payment or
subsequent payment as a collection fee and deduct any interest accrued on
the payment or subsequent payment before transferring the payment to the
comptroller under this subsection.  Deletes existing text regarding
payment to a victim.  Makes nonsubstantive changes.  

(b)  Provides that, in addition to substantive changes made by this
section, this section conforms Section 76.013, Government Code, to Section
3.014, Chapter 321, Acts of the 74th Legislature, Regular Session, 1995. 

(c) Repealer: Section 3.014, Chapter 321, Acts of the 74th Legislature,
Regular Session, 1995. 

(d) Provides that, to the extent of any conflict, this section prevails
over another Act of the 75th Legislature, Regular Session, 1997, relating
to nonsubstantive additions to and corrections in enacted codes. 

SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date: September 1, 1997.
 
SECTION 4. Emergency clause.