By Allen H.B. No. 1119
75R3143 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.
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[,
2-16 Chapter 56], including information related to the costs that may be
2-17 compensated under that subchapter [Act] and the amount of
2-18 compensation, eligibility for compensation, and procedures for
2-19 application for compensation under that subchapter [Act], the
2-20 payment for a medical examination under Article 56.06 [of this
2-21 code] for a victim of a sexual assault, and when requested, to
2-22 referral to available social service agencies that may offer
2-23 additional assistance;
2-24 (7) the right to be informed, upon request, of parole
2-25 procedures, to participate in the parole process, to be notified,
2-26 if requested, of parole proceedings concerning a defendant in the
2-27 victim's case, to provide to the Board of Pardons and Paroles for
3-1 inclusion in the defendant's file information to be considered by
3-2 the board prior to the parole of any defendant convicted of any
3-3 crime subject to this Act, and to be notified, if requested, of the
3-4 defendant's release;
3-5 (8) the right to be provided with a waiting area,
3-6 separate or secure from other witnesses, including the offender and
3-7 relatives of the offender, before testifying in any proceeding
3-8 concerning the offender; if a separate waiting area is not
3-9 available, other safeguards should be taken to minimize the
3-10 victim's contact with the offender and the offender's relatives and
3-11 witnesses, before and during court proceedings;
3-12 (9) the right to prompt return of any property of the
3-13 victim that is held by a law enforcement agency or the attorney for
3-14 the state as evidence when the property is no longer required for
3-15 that purpose;
3-16 (10) the right to have the attorney for the state
3-17 notify the employer of the victim, if requested, of the necessity
3-18 of the victim's cooperation and testimony in a proceeding that may
3-19 necessitate the absence of the victim from work for good cause;
3-20 [and]
3-21 (11) the right to counseling, on request, regarding
3-22 acquired immune deficiency syndrome (AIDS) and human
3-23 immunodeficiency virus (HIV) infection and testing for acquired
3-24 immune deficiency syndrome (AIDS), human immunodeficiency virus
3-25 (HIV) infection, antibodies to HIV, or infection with any other
3-26 probable causative agent of AIDS, if the offense is an offense
3-27 under Section 21.11(a)(1), 22.011, or 22.021, Penal Code; and
4-1 (12) the right to request victim-offender mediation
4-2 coordinated by the victim services section of the Texas Department
4-3 of Criminal Justice.
4-4 SECTION 1.02. Article 56.02(b), Code of Criminal Procedure,
4-5 is amended to read as follows:
4-6 (b) A victim, guardian of a victim, or close relative of a
4-7 deceased victim is entitled to the right to be present at all
4-8 public court proceedings related to the offense, subject to the
4-9 approval of the judge in the case.
4-10 SECTION 1.03. Article 56.08, Code of Criminal Procedure, is
4-11 amended by adding Subsection (e) to read as follows:
4-12 (e) The brief general statement describing the plea
4-13 bargaining stage in a criminal trial required by Subsection (a)(1)
4-14 shall include a statement that:
4-15 (1) the victim impact statement provided by the
4-16 victim, guardian of a victim, or close relative of a deceased
4-17 victim will be considered by the attorney representing the state in
4-18 entering into the plea bargain agreement; and
4-19 (2) the judge before accepting the plea bargain is
4-20 required under Section 26.13(e) to ask:
4-21 (A) whether a victim impact statement has been
4-22 returned to the attorney; and
4-23 (B) if a statement has been returned, for a copy
4-24 of the statement.
4-25 SECTION 1.04. Article 56.12, Code of Criminal Procedure, is
4-26 amended to read as follows:
4-27 Art. 56.12. NOTIFICATION OF ESCAPE OR TRANSFER. (a) The
5-1 Texas Department of Criminal Justice shall immediately [make a
5-2 reasonable attempt to] notify the victim of an offense, the
5-3 victim's guardian, or the victim's close relative, if the victim is
5-4 deceased[, whenever the offender escapes from a facility operated
5-5 by the institutional division of the Texas Department of Criminal
5-6 Justice], if the victim, victim's guardian, or victim's close
5-7 relative has notified the institutional division as provided by
5-8 Subsection (b) of this article, whenever the offender:
5-9 (1) escapes from a facility operated by the
5-10 institutional division; or
5-11 (2) is transferred from the custody of the
5-12 institutional division to the custody of a peace officer under a
5-13 writ of attachment or a bench warrant. [An attempt by the Texas
5-14 Department of Criminal Justice to give notice to the victim, the
5-15 guardian of the victim, or a close relative of a deceased victim at
5-16 the victim's, the guardian of the victim's, or a close relative of
5-17 a deceased victim's last known telephone number or address as shown
5-18 on the records of the department constitutes a reasonable attempt
5-19 to give notice under this subsection.]
5-20 (b) It is the responsibility of the victim, guardian, or
5-21 close relative desiring notification of an offender's escape or
5-22 transfer from custody under a writ of attachment or bench warrant
5-23 to notify the Texas Department of Criminal Justice of the desire
5-24 for notification and any change of address.
5-25 (c) In providing notice under Subsection (a)(2), the
5-26 institutional division shall include the name, address, and
5-27 telephone number of the peace officer receiving the inmate into
6-1 custody. On returning the inmate to the custody of the
6-2 institutional division, the peace officer shall notify the victim,
6-3 the victim's guardian, or the victim's close relative if the victim
6-4 is deceased, of that fact.
6-5 SECTION 1.05. (a) Chapter 76, Government Code, is amended
6-6 by adding Section 76.016 to read as follows:
6-7 Sec. 76.016. VICTIM NOTIFICATION. (a) A department, using
6-8 the name and address provided by the attorney representing the
6-9 state under Article 56.08(d), Code of Criminal Procedure, shall
6-10 make a reasonable effort to notify a victim of the defendant's
6-11 crime or, if the victim has a guardian or is deceased, to notify
6-12 the guardian of the victim or close relative of the deceased victim
6-13 of:
6-14 (1) the fact that the defendant has been placed on
6-15 community supervision;
6-16 (2) the conditions of community supervision imposed on
6-17 the defendant by the court; and
6-18 (3) the date, time, and location of any hearing or
6-19 proceeding at which the conditions of the defendant's community
6-20 supervision may be modified or the defendant's placement on
6-21 community supervision may be revoked or terminated.
6-22 (b) In this section, "close relative of a deceased victim,"
6-23 "guardian of a victim," and "victim" have the meanings assigned by
6-24 Article 56.01, Code of Criminal Procedure.
6-25 (b) In addition to substantive changes made by this section,
6-26 this section conforms Chapter 76, Government Code, to Section 1,
6-27 Chapter 252, Acts of the 74th Legislature, Regular Session, 1995.
7-1 (c) Section 1, Chapter 252, Acts of the 74th Legislature,
7-2 Regular Session, 1995, is repealed.
7-3 (d) To the extent of any conflict, this section prevails
7-4 over another Act of the 75th Legislature, Regular Session, 1997,
7-5 relating to nonsubstantive additions to and corrections in enacted
7-6 codes.
7-7 SECTION 1.06. Article 56.03(e), Code of Criminal Procedure,
7-8 is amended to read as follows:
7-9 (e) Prior to the imposition of a sentence by the court in a
7-10 criminal case, the court, if it has received a victim impact
7-11 statement, shall consider the information provided in the
7-12 statement. Before sentencing the defendant, the court shall permit
7-13 the defendant or his counsel a reasonable time to read the
7-14 statement, excluding the victim's name, address, and telephone
7-15 number, comment on the statement, and, with the approval of the
7-16 court, introduce testimony or other information alleging a factual
7-17 inaccuracy in the statement. If the court sentences the defendant
7-18 to a term of community supervision [probation], the court shall
7-19 forward any victim's impact statement received in the case to the
7-20 community supervision and corrections [probation] department
7-21 supervising the defendant, along with the papers in the case.
7-22 SECTION 1.07. This article takes effect September 1, 1997.
7-23 ARTICLE 2
7-24 SECTION 2.01. Subchapter A, Chapter 56, Code of Criminal
7-25 Procedure, is amended by adding Article 56.13 to read as follows:
7-26 Art. 56.13. VICTIM-OFFENDER MEDIATION. The victim services
7-27 section of the Texas Department of Criminal Justice shall:
8-1 (1) train volunteers to act as mediators between
8-2 victims, guardians of victims, and close relatives of deceased
8-3 victims and offenders whose criminal conduct caused bodily injury
8-4 or death to victims; and
8-5 (2) provide mediation services through referral of a
8-6 trained volunteer, if requested by a victim, guardian of a victim,
8-7 or close relative of a deceased victim.
8-8 SECTION 2.02. Article 42.12, Code of Criminal Procedure, is
8-9 amended by adding Section 30 to read as follows:
8-10 Sec. 30. VICTIM-OFFENDER MEDIATION. If a judge who places a
8-11 defendant on community supervision receives notice from the victim
8-12 services section of the Texas Department of Criminal Justice that a
8-13 victim of the defendant, or the victim's guardian or close
8-14 relative, wishes to participate in victim-offender mediation with
8-15 the defendant, the court shall encourage the defendant to
8-16 participate in the mediation program provided by the section. The
8-17 judge may not require the defendant to participate and may not
8-18 reward the defendant for participation by modifying conditions of
8-19 community supervision, offering early termination of community
8-20 supervision, or granting any other benefit to the defendant.
8-21 SECTION 2.03. Article 42.18, Code of Criminal Procedure, is
8-22 amended by adding Section 30 to read as follows:
8-23 Sec. 30. VICTIM-OFFENDER MEDIATION. If the pardons and
8-24 paroles division receives notice from the victim services section
8-25 of the Texas Department of Criminal Justice that a victim of the
8-26 defendant, or the victim's guardian or close relative, wishes to
8-27 participate in victim-offender mediation with a person released to
9-1 parole or mandatory supervision, the division shall encourage the
9-2 person to participate in the mediation program provided by the
9-3 section. The pardons and paroles division may not require the
9-4 defendant to participate and may not reward the person for
9-5 participation by modifying conditions of release or the person's
9-6 level of supervision or by granting any other benefit to the
9-7 person.
9-8 SECTION 2.04. Subchapter A, Chapter 501, Government Code, is
9-9 amended by adding Section 501.018 to read as follows:
9-10 Sec. 501.018. VICTIM-OFFENDER MEDIATION. If the
9-11 institutional division receives notice from the victim services
9-12 section of the department that a victim of an inmate imprisoned by
9-13 the division, or the victim's guardian or close relative, wishes to
9-14 participate in victim-offender mediation with the inmate, the
9-15 division shall encourage the inmate to participate in the program
9-16 provided by the section. The institutional division may not
9-17 require the inmate to participate and may not reward the inmate for
9-18 participation by improving the inmate's classification status or
9-19 privileges or by granting any other benefits to the inmate.
9-20 SECTION 2.05. Article 56.05, Code of Criminal Procedure, is
9-21 amended by adding Subsection (d) to read as follows:
9-22 (d) The Texas Crime Victim Clearinghouse shall periodically
9-23 develop and submit to the court of criminal appeals, the Commission
9-24 on Law Enforcement Officer Standards and Education, and the Texas
9-25 Department of Criminal Justice recommendations for training in
9-26 crime victims' issues of law enforcement officers, prosecutors,
9-27 judges, community supervision and corrections department officers,
10-1 and parole officers.
10-2 SECTION 2.06. Subchapter B, Chapter 22, Government Code, is
10-3 amended by adding Sections 22.111 and 22.112 to read as follows:
10-4 Sec. 22.111. JUDICIAL INSTRUCTION REGARDING CRIME VICTIMS'
10-5 ISSUES. (a) The court of criminal appeals shall provide judicial
10-6 training in crime victims' issues.
10-7 (b) The court of criminal appeals shall adopt the rules
10-8 necessary to accomplish the purposes of this section. Each
10-9 district judge and each judge of a statutory county court must
10-10 complete at least four hours of training within the judge's first
10-11 term of office. Each judge who files an affidavit with the office
10-12 of court administration stating that the judge does not hear
10-13 criminal cases is exempt from the training requirement.
10-14 (c) In adopting the rules, the court of criminal appeals
10-15 shall consult with the Texas Crime Victim Clearinghouse and may
10-16 request recommendations for instruction content. The instruction
10-17 must include information about:
10-18 (1) crime victims' rights under Chapter 56, Code of
10-19 Criminal Procedure; and
10-20 (2) the duty of the court to consider a victim impact
10-21 statement before imposing a sentence and to ensure that a victim is
10-22 afforded the rights granted under Chapter 56, Code of Criminal
10-23 Procedure.
10-24 Sec. 22.112. INSTRUCTION ON CRIME VICTIMS' ISSUES REQUIRED
10-25 FOR PROSECUTORS. (a) Each attorney representing the state in the
10-26 prosecution of felonies shall, as an official duty, annually
10-27 complete a course of instruction related to crime victims' issues.
11-1 (b) The court of criminal appeals shall adopt rules to
11-2 provide for the training required by Subsection (a). In adopting
11-3 the rules, the court shall consult with the Texas Crime Victim
11-4 Clearinghouse and may request recommendations for instruction
11-5 content. The instruction must include information about:
11-6 (1) crime victims' rights under Chapter 56, Code of
11-7 Criminal Procedure; and
11-8 (2) the duty of the prosecution, law enforcement
11-9 agencies, and the court to ensure that a victim is afforded the
11-10 rights granted under Chapter 56, Code of Criminal Procedure.
11-11 SECTION 2.07. Section 415.032(b), Government Code, is
11-12 amended to read as follows:
11-13 (b) In establishing requirements under this section, the
11-14 commission shall require courses and programs to provide training
11-15 in:
11-16 (1) the investigation and documentation of cases that
11-17 involve the following:
11-18 (A) child abuse;
11-19 (B) child neglect;
11-20 (C) family violence; and
11-21 (D) sexual assault; [and]
11-22 (2) issues concerning sex offender characteristics;
11-23 and
11-24 (3) crime victims' rights under Chapter 56, Code of
11-25 Criminal Procedure, and the duty of law enforcement agencies to
11-26 ensure that a victim is afforded those rights.
11-27 SECTION 2.08. Section 415.034, Government Code, is amended
12-1 by adding Subsection (j) to read as follows:
12-2 (j) In addition to other topics required by this section,
12-3 the course provided under Subsection (b) must include education and
12-4 training in crime victims' rights under Chapter 56, Code of
12-5 Criminal Procedure, and the duty of law enforcement agencies to
12-6 ensure that a victim is afforded those rights.
12-7 SECTION 2.09. Chapter 493, Government Code, is amended by
12-8 adding Section 493.022 to read as follows:
12-9 Sec. 493.022. INSTRUCTION REGARDING CRIME VICTIMS' ISSUES.
12-10 (a) The department shall provide an annual four-hour training
12-11 program in crime victims' issues:
12-12 (1) through the community justice assistance division,
12-13 to community supervision and corrections department officers; and
12-14 (2) through the pardons and paroles division, to
12-15 parole officers.
12-16 (b) The board shall adopt rules to provide the training
12-17 required by Subsection (a). In adopting the rules, the court shall
12-18 consult with the Texas Crime Victim Clearinghouse and may request
12-19 recommendations for instruction content. The instruction must
12-20 include information about:
12-21 (1) crime victims' rights under Chapter 56, Code of
12-22 Criminal Procedure; and
12-23 (2) the duty of community supervision and corrections
12-24 department officers and parole officers to ensure that a victim is
12-25 afforded those rights.
12-26 SECTION 2.10. (a) Each judge who is in office on December
12-27 31, 1997, and is not exempt must complete the judicial training
13-1 required by Section 22.111, Government Code, as added by this Act,
13-2 notwithstanding the requirement of that section that it be
13-3 completed within the first term of office. The training must be
13-4 completed before August 31, 2000.
13-5 (b) A judge who takes office on or after January 1, 1998,
13-6 and who is not exempt from or has not otherwise satisfied the
13-7 requirements of Section 22.111(b), Government Code, as added by
13-8 this Act, must complete the judicial training required by that
13-9 section within the judge's first term of office that begins on or
13-10 after that date.
13-11 SECTION 2.11. The change in law made by Section 22.112,
13-12 Government Code, as added by this Act, applies only to training for
13-13 prosecutors to be completed for calendar years beginning on or
13-14 after January 1, 1998.
13-15 SECTION 2.12. (a) The Commission on Law Enforcement Officer
13-16 Standards and Education shall establish the new courses and
13-17 programs required by this Act not later than January 1, 1998.
13-18 (b) For persons who are officers on September 1, 1997, the
13-19 first set of courses required under Section 415.034, Government
13-20 Code, as amended by this Act, must be completed before September 1,
13-21 1999.
13-22 SECTION 2.13. The Texas Board of Criminal Justice shall
13-23 establish the programs required by this Act not later than January
13-24 1, 1998. For persons who are community supervision and corrections
13-25 department officers or parole officers on September 1, 1997,
13-26 participation in a program required by Section 493.022, Government
13-27 Code, as added by this Act, must be completed by September 1, 1999.
14-1 SECTION 2.14. This article takes effect September 1, 1997.
14-2 ARTICLE 3
14-3 SECTION 3.01. Subsection (g)(1), Article 42.037, Code of
14-4 Criminal Procedure, is amended to read as follows:
14-5 (1) The court may require a defendant to make
14-6 restitution:
14-7 (A) under this article within a specified period
14-8 or in specified installments; or
14-9 (B) in the manner provided by Article 42.038 of
14-10 this code.
14-11 SECTION 3.02. Subsection (h), Article 42.037, Code of
14-12 Criminal Procedure, is amended to read as follows:
14-13 (h) If a defendant, other than a defendant ordered to pay
14-14 restitution in the manner provided by Article 42.038 of this code,
14-15 is placed on community supervision [probation] or is paroled or
14-16 released on mandatory supervision under this chapter, the court or
14-17 the Board of Pardons and Paroles shall order the payment of
14-18 restitution ordered under this article as a condition of community
14-19 supervision [probation], parole, or mandatory supervision. The
14-20 court may revoke community supervision [probation] and the Board of
14-21 Pardons and Paroles may revoke parole or mandatory supervision if
14-22 the defendant fails to comply with the order. In determining
14-23 whether to revoke community supervision [probation], parole, or
14-24 mandatory supervision, the court or board shall consider:
14-25 (1) the defendant's employment status;
14-26 (2) the defendant's earning ability;
14-27 (3) the defendant's financial resources;
15-1 (4) the willfulness of the defendant's failure to pay;
15-2 and
15-3 (5) any other special circumstances that may affect
15-4 the defendant's ability to pay.
15-5 SECTION 3.03. Chapter 42, Code of Criminal Procedure, is
15-6 amended by adding Article 42.038 to read as follows:
15-7 Art. 42.038. WITHHOLDING FROM EARNINGS FOR RESTITUTION.
15-8 (a) A court that, under Article 42.037, orders a defendant to
15-9 make restitution to the victim of the offense may order that income
15-10 be withheld from the disposable earnings of the defendant for
15-11 restitution and be paid to a community supervision and corrections
15-12 department.
15-13 (b) The court has continuing jurisdiction of a defendant
15-14 whose income is the subject of an income withholding order to
15-15 administer and enforce the order.
15-16 (c) An income withholding order must direct any employer of
15-17 the defendant obligated to pay restitution to withhold from the
15-18 defendant's disposable earnings an amount that is equal to all or
15-19 a portion of the amount specified in the restitution order, but
15-20 that is not more than 50 percent of the defendant's disposable
15-21 earnings. The order must state:
15-22 (1) the style, docket number, and the court assessing
15-23 punishment;
15-24 (2) the name, address, and, if available, the social
15-25 security number of the defendant;
15-26 (3) the amount of the restitution;
15-27 (4) the name and address of the community supervision
16-1 and corrections department to which payments are to be made; and
16-2 (5) any other matter necessary to effect the order.
16-3 (d) The defendant whose income is subject to a withholding
16-4 order or the attorney prosecuting the offense may request the clerk
16-5 of the court making the order to deliver a certified copy of the
16-6 income withholding order to any employer of the defendant. The
16-7 request must include the name and address of the employer. The
16-8 clerk shall issue a certified copy of the order and make a copy of
16-9 this article for each employer of the defendant whose income is the
16-10 subject of the order and shall deliver them not later than the
16-11 second working day after the date the order is signed by the court
16-12 or a request under this subsection is filed, whichever is later.
16-13 The order and a copy of this article shall be delivered to the
16-14 employer by certified or registered mail, return receipt requested,
16-15 to the person authorized to receive service of process in civil
16-16 cases generally, or to a person designated by the employer to
16-17 receive notices of delinquency by written notice to the clerk of
16-18 the appropriate court, or by the service of citation as provided by
16-19 the Texas Rules of Civil Procedure. The clerk may charge the
16-20 defendant whose income is subject to withholding a reasonable fee
16-21 of not more than $5 for each copy of the order mailed by the clerk.
16-22 The amount to be withheld shall be remitted to the community
16-23 supervision and corrections department named in the order on each
16-24 regular due date or pay date. The employer may deduct an
16-25 administrative fee of not more than $5 each month from the
16-26 defendant's disposable earnings in addition to the amount to be
16-27 withheld as restitution.
17-1 (e) The employer shall begin to withhold income in
17-2 accordance with an order issued under this article not later than
17-3 the first pay period that ends after the 14th day after the date on
17-4 which the order is delivered to the employer and shall continue to
17-5 withhold income as long as the defendant whose income is subject to
17-6 the order is employed by the employer.
17-7 (f) Not later than the 20th day after receipt of an income
17-8 withholding order, the employer may make a motion to the court that
17-9 made the order for hearing on the applicability of the order to
17-10 the employer. The hearing shall be held not later than the 15th
17-11 day after the date of the filing of the motion. The order remains
17-12 binding and the employer shall continue to make the payments
17-13 pending further order of the court.
17-14 (g) An employer receiving an order under this article who
17-15 complies with the order is not liable to the defendant whose income
17-16 is subject to the order for the amount of income withheld and paid
17-17 as provided in the order. An employer who receives an income
17-18 withholding order and who does not comply with the order is liable
17-19 for the amount not paid in compliance with the order. That amount
17-20 and reasonable attorney's fees and court costs may be collected by
17-21 the prosecuting attorney or by the victim for whose benefit the
17-22 withholding is to be made. An employer who receives an income
17-23 withholding order and who does not comply with the order is also
17-24 liable to the defendant whose income is subject to the order for
17-25 any amount withheld but not paid in compliance with the order and
17-26 for reasonable attorney's fees and court costs.
17-27 (h) An employer receiving more than one order on the same
18-1 defendant shall comply with each order to the maximum extent
18-2 possible. If the total amount in the orders exceeds 50 percent of
18-3 the defendant's disposable earnings, the employer shall pay an
18-4 equal amount on each order until each order is individually
18-5 satisfied. An employer who is ordered to withhold from more than
18-6 one defendant may combine the amounts withheld and make a single
18-7 payment to each appropriate community supervision and corrections
18-8 department requesting withholding if the employer separately
18-9 identifies the amount of the payment that is attributable to each
18-10 department.
18-11 (i) An employer may not use an order authorized by this
18-12 article as grounds in whole or part for the termination of
18-13 employment or for any other disciplinary action against an
18-14 employee. An employer may not refuse to hire an employee because
18-15 of an order withholding income. If an employer intentionally
18-16 discharges an employee in violation of this subsection, the
18-17 employer is liable to the employee for continuing wages and other
18-18 benefits and for reasonable attorney's fees and court costs
18-19 incurred by the employee in enforcing the employee's rights under
18-20 this subsection. An action under this subsection may be brought
18-21 only by the employee.
18-22 (j) In addition to the civil remedies provided by
18-23 Subsections (g) and (i) of this article or to any other remedy
18-24 provided by law, an employer who knowingly violates Subsection (g)
18-25 or (i) is subject to a fine not to exceed $50 for each occurrence
18-26 in which the employer fails to withhold and pay in compliance with
18-27 the withholding order. The amount of a fine recovered under this
19-1 subsection shall be paid to the community supervision and
19-2 corrections department to which withholding is required to be paid
19-3 and credited against the amount of restitution ordered.
19-4 (k) When the employment of a defendant whose income is
19-5 withheld by the employer under an income withholding order is
19-6 terminated, both the defendant and the employer shall notify the
19-7 court of that fact not later than the seventh day after the
19-8 termination of employment and shall provide the defendant's last
19-9 known address and the name and address of the defendant's new
19-10 employer, if known. The defendant has a continuing duty to inform
19-11 each subsequent employer of the income withholding order after
19-12 obtaining employment. The defendant shall promptly notify the
19-13 court of any other change in the defendant's status that may affect
19-14 the income withholding order.
19-15 (l) A payment received by a community supervision and
19-16 corrections department under an income withholding order shall be
19-17 accounted for and distributed in the same manner as a payment
19-18 received directly from the defendant required to pay the
19-19 restitution.
19-20 SECTION 3.04. Subsections (b) and (c), Article 56.54, Code
19-21 of Criminal Procedure, are amended to read as follows:
19-22 (b) The compensation to victims of crime fund may be used by
19-23 the attorney general only for the payment of compensation to
19-24 claimants or victims under this subchapter, relocation expenses
19-25 authorized by Article 56.65, and other expenses in administering
19-26 this subchapter.
19-27 (c) The compensation to victims of crime auxiliary fund may
20-1 be used by the attorney general only for the payment of
20-2 compensation to claimants or victims under this subchapter and
20-3 payment of relocation expenses authorized by Article 56.65.
20-4 SECTION 3.05. Subchapter B, Chapter 56, Code of Criminal
20-5 Procedure, is amended by adding Article 56.65 to read as follows:
20-6 Art. 56.65. RELOCATION EXPENSES. (a) The attorney general
20-7 by rule may adopt procedures to compensate a victim, guardian of a
20-8 victim, or close relative of a deceased victim for reasonable and
20-9 necessary expenses related to the relocation of the victim, close
20-10 relative, or guardian, if the relocation is necessary to protect
20-11 the victim, close relative, or guardian from retaliation for
20-12 testifying in the case.
20-13 (b) In this section, "victim," "guardian of a victim," and
20-14 "close relative of a deceased victim" have the meanings assigned
20-15 those terms by Article 56.01.
20-16 SECTION 3.06. (a) The change in law made by Sections
20-17 3.01-3.03 of this Act applies only to restitution for an offense
20-18 committed on or after the effective date of those sections. For
20-19 purposes of this section, an offense is committed before the
20-20 effective date of those sections if any element of the offense
20-21 occurs before the effective date.
20-22 (b) Restitution for an offense committed before the
20-23 effective date of Sections 3.01-3.03 of this Act is covered by the
20-24 law in effect when the offense was committed, and the former law is
20-25 continued in effect for that purpose.
20-26 SECTION 3.07. (a) Except as provided by Subsection (b) of
20-27 this section, this article takes effect September 1, 1997.
21-1 (b) Sections 3.01-3.03 of this Act take effect January 1,
21-2 1998, only if the constitutional amendment proposed by the 75th
21-3 Legislature, Regular Session, 1997, relating to garnishment of
21-4 wages for court ordered restitution, is approved by the voters. If
21-5 that constitutional amendment is not approved, Sections 3.01-3.03
21-6 have no effect.
21-7 ARTICLE 4
21-8 SECTION 4.01. EMERGENCY. The importance of this legislation
21-9 and the crowded condition of the calendars in both houses create an
21-10 emergency and an imperative public necessity that the
21-11 constitutional rule requiring bills to be read on three several
21-12 days in each house be suspended, and this rule is hereby suspended.