AEZ H.B. 2829 75(R)BILL ANALYSIS


CRIMINAL JURISPRUDENCE
H.B. 2829
By: Place
4-09-97
Committee Report (Unamended)



BACKGROUND 

Under current law it is clear when a local Community Supervision and
Corrections Department (CSCD) should remit an initial unclaimed
restitution payment to the Comptroller, but unclear when to remit
additional payments received.  

PURPOSE

HB 2829 , ifas proposed, would clarify when local Community Supervision
and Corrections Departments should transfer unclaimed restitution money to
the Comptroller. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 76.013(a) and (b), Government Code, to state
that the restitution money received should be immediately deposited in an
interest-bearing account in the county treasury as required by Sec.
140.003(f), Local Government Code, and the department shall immediately
notify the victim. The department is obligated to make a good faith effort
to notify a victim that an unclaimed restitution payment exists. Not later
than five years after initial notification to the victim, the department
shall transfer all unclaimed restitution payments received to the
Comptroller. Not later than 121 days after receipt of an additional
restitution payment, the department shall transfer the subsequent payment
to the Comptroller. The department may deduct 5% of the initial payment
and 5% of any subsequent payment as a collection fee prior to transfer to
the Comptroller. 

SECTION 2.The change in law applies only to the distribution of payments
made after the effective date of the Act. Distribution of payments
received before the effective date of this Act is covered by the law in
effect when the payment was made. 

SECTION 3.  Effective Date:  September 1, 1997.

SECTION 4.  Emergency clause.