By Chisum H.B. No. 498
75R878 PEP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requiring inmates of the Texas Department of Criminal
1-3 Justice to pay certain expenses associated with the cost of their
1-4 confinement.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 2(b), Article 42.21, Code of Criminal
1-7 Procedure, as added by Section 1, Chapter 997, Acts of the 74th
1-8 Legislature, Regular Session, 1995, is amended to read as follows:
1-9 (b) The state also has a restitution lien to secure:
1-10 (1) the amount of fines or costs entered against a
1-11 defendant in the judgment in a felony criminal case; and
1-12 (2) the cost of a defendant's imprisonment in a
1-13 facility operated by or under contract with the Texas Department of
1-14 Criminal Justice computed using the average cost per day for
1-15 imprisonment as calculated by the Criminal Justice Policy Council.
1-16 SECTION 2. Section 4, Article 42.21, Code of Criminal
1-17 Procedure, as added by Section 1, Chapter 997, Acts of the 74th
1-18 Legislature, Regular Session, 1995, is amended to read as follows:
1-19 Sec. 4. JUDGMENT REQUIRED. (a) An affidavit to perfect a
1-20 restitution lien may not be filed under this article until a court
1-21 has ordered restitution or entered a judgment requiring the
1-22 defendant to pay a fine or costs.
1-23 (b) In determining whether to enter a judgment requiring a
1-24 defendant to pay the cost of the defendant's imprisonment under
2-1 Section 2(b)(2) of this article, the court shall consider the
2-2 financial resources of the defendant, the financial needs and
2-3 earning ability of the defendant and the defendant's dependents,
2-4 and other factors the court considers appropriate. The court may
2-5 order a community supervision and corrections department to obtain
2-6 information pertaining to the factors listed in this subsection.
2-7 The supervision officer shall include the information in the report
2-8 required under Section 9(a), Article 42.12, of this code, or a
2-9 separate report, as the court directs. The court shall permit the
2-10 defendant and the prosecuting attorney to read the report.
2-11 SECTION 3. Section 5, Article 42.21, Code of Criminal
2-12 Procedure, as added by Section 1, Chapter 997, Acts of the 74th
2-13 Legislature, Regular Session, 1995, is amended to read as follows:
2-14 Sec. 5. PERSONS WHO MAY FILE. The following persons may
2-15 file an affidavit to perfect a restitution lien:
2-16 (1) the attorney representing the state in a criminal
2-17 case in which a victim is determined by the court to be entitled to
2-18 restitution or in which a defendant is ordered to pay fines or
2-19 costs; [or]
2-20 (2) a victim in a criminal case determined by the
2-21 court to be entitled to restitution; or
2-22 (3) the attorney general, if the lien is filed to
2-23 secure payment of the cost of the defendant's imprisonment under
2-24 Section 2(b)(2) of this article.
2-25 SECTION 4. Section 6, Article 42.21, Code of Criminal
2-26 Procedure, as added by Section 1, Chapter 997, Acts of the 74th
2-27 Legislature, Regular Session, 1995, is amended to read as follows:
3-1 Sec. 6. AFFIDAVIT. (a) An affidavit to perfect a
3-2 restitution lien must be signed by the attorney representing the
3-3 state or a magistrate, or by the attorney general as provided by
3-4 Subsection (b) of this section, and must contain:
3-5 (1) the name and date of birth of the defendant whose
3-6 property or other interests are subject to the lien;
3-7 (2) the residence or principal place of business of
3-8 the person named in the lien, if known;
3-9 (3) the criminal proceeding giving rise to the lien,
3-10 including the name of the court, the name of the case, and the
3-11 court's file number for the case;
3-12 (4) the name and address of the attorney representing
3-13 the state or the attorney general, as appropriate, and the name of
3-14 the person entitled to restitution;
3-15 (5) a statement that the notice is being filed under
3-16 this article;
3-17 (6) the amount of restitution and the amount of fines
3-18 and costs the defendant has been ordered to pay by the court; and
3-19 (7) a statement that the amount of restitution owed at
3-20 any one time may be less than the original balance and that the
3-21 outstanding balance is reflected in the records of the clerk of the
3-22 court hearing the criminal proceeding giving rise to the lien.
3-23 (b) An affidavit to perfect a restitution lien under Section
3-24 2(b)(2) of this article may be filed only after the expiration of
3-25 one year from the date the defendant is first imprisoned in a
3-26 facility operated by or under contract with the Texas Department of
3-27 Criminal Justice after sentencing in the case for which the court
4-1 entered a judgment requiring the defendant to pay. The affidavit
4-2 must be signed by the attorney general, must contain the
4-3 information listed in Subsection (a) of this section and a
4-4 statement as to the exact dollar amount of restitution owed under
4-5 Section 2(b)(2) of this article, and must be updated annually until
4-6 the defendant is released from imprisonment and the total amount of
4-7 restitution owed is paid in full.
4-8 SECTION 5. Section 7(a), Article 42.21, Code of Criminal
4-9 Procedure, as added by Section 1, Chapter 997, Acts of the 74th
4-10 Legislature, Regular Session, 1995, is amended to read as follows:
4-11 (a) An affidavit to perfect a restitution lien may be filed
4-12 with:
4-13 (1) the secretary of state;
4-14 (2) the department; or
4-15 (3) the county clerk of the county in which:
4-16 (A) the crime was committed;
4-17 (B) the defendant resides or is imprisoned; or
4-18 (C) the property is located.
4-19 SECTION 6. Subchapter B, Chapter 501, Government Code, is
4-20 amended by adding Section 501.061 to read as follows:
4-21 Sec. 501.061. INMATE COPAYMENTS FOR CERTAIN HEALTH CARE
4-22 VISITS. (a) An inmate imprisoned in a facility operated by or
4-23 under contract with the department who initiates a visit to a
4-24 health care provider shall make a copayment to the department in
4-25 the amount of $3. The inmate shall make the copayment out of the
4-26 inmate's trust fund. If the balance in the fund is insufficient to
4-27 cover the copayment, each deposit to the fund shall be applied
5-1 toward the balance owed until the total amount owed is paid.
5-2 (b) The department shall adopt rules to ensure that before
5-3 an inmate initiates a visit to a health care provider, the inmate
5-4 is informed that a $3 copayment will be deducted from the inmate's
5-5 trust fund as required by Subsection (a). The rules shall include
5-6 rules to establish a procedure for an inmate to submit a grievance
5-7 to the department regarding the imposition of the copayment.
5-8 (c) A copayment may not be charged for health care:
5-9 (1) initiated by the department or by a health care
5-10 provider;
5-11 (2) provided in response to a life-threatening or
5-12 emergency situation affecting the inmate's health;
5-13 (3) provided to a pregnant inmate;
5-14 (4) provided to an inmate who is a juvenile offender
5-15 committed as an adult; or
5-16 (5) provided to an inmate who is assigned to a special
5-17 programs unit, a long-term care unit, or an inpatient medical care
5-18 unit.
5-19 (d) The department may not deny an inmate access to health
5-20 care as a result of the inmate's failure or inability to make a
5-21 copayment.
5-22 SECTION 7. This Act takes effect September 1, 1997, and
5-23 applies only to a defendant who is imprisoned in a facility
5-24 operated by or under contract with the Texas Department of Criminal
5-25 Justice for an offense committed on or after September 1, 1997.
5-26 For purposes of this section, an offense is committed before
5-27 September 1, 1997, if any element of the offense occurs before that
6-1 date. A defendant who is imprisoned in a facility operated by or
6-2 under contract with the Texas Department of Criminal Justice for an
6-3 offense committed before September 1, 1997, is covered by the law
6-4 in effect when the offense was committed, and the former law is
6-5 continued in effect for that purpose.
6-6 SECTION 8. The Texas Department of Criminal Justice shall
6-7 adopt the rules required by Section 501.061, Government Code, as
6-8 added by this Act, not later than November 1, 1997.
6-9 SECTION 9. The importance of this legislation and the
6-10 crowded condition of the calendars in both houses create an
6-11 emergency and an imperative public necessity that the
6-12 constitutional rule requiring bills to be read on three several
6-13 days in each house be suspended, and this rule is hereby suspended.