By Wise                                         H.B. No. 2378

      75R5089 JMC-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to mandatory restitution in offenses involving the

 1-3     abduction of or interference with the custody of children.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Chapter 42, Code of Criminal Procedure, is

 1-6     amended by adding Article 42.0371 to read as follows:

 1-7           Art. 42.0371.  MANDATORY RESTITUTION FOR KIDNAPPED OR

 1-8     ABDUCTED CHILDREN.  (a)  The court shall order a defendant

 1-9     convicted of an offense under Chapter 20, Penal Code, or Section

1-10     25.03, 25.031, or 25.04, Penal Code, to pay restitution in an

1-11     amount equal to the cost of necessary rehabilitation, including

1-12     medical, psychiatric, and psychological care and treatment, for the

1-13     victim of the offense if the victim is younger than 17 years of

1-14     age.

1-15           (b)  The court shall, after considering the financial

1-16     circumstances of the defendant, specify in a restitution order

1-17     issued under Subsection (a) the manner in which the defendant must

1-18     pay the restitution.

1-19           (c)  A restitution order issued under Subsection (a) may be

1-20     enforced by the state or a victim named in the order to receive the

1-21     restitution in the same manner as a judgment in a civil action.

1-22           (d)  The court may hold a hearing, make findings of fact, and

1-23     amend a restitution order issued under Subsection (a) if the

1-24     defendant fails to pay the victim named in the order in the manner

 2-1     specified by the court.

 2-2           SECTION 2.  (a)  The change in law made by this Act applies

 2-3     only to an offense committed on or after the effective date of this

 2-4     Act.  For purposes of this section, an offense is committed  before

 2-5     the effective date of this Act if any element of the offense occurs

 2-6     before that date.

 2-7           (b)  An offense committed before the effective date of this

 2-8     Act is covered by the law in effect when the offense was committed,

 2-9     and the former law is continued in effect for that purpose.

2-10           SECTION 3.  This Act takes effect September 1, 1997.

2-11           SECTION 4.  The importance of this legislation and the

2-12     crowded condition of the calendars in both houses create an

2-13     emergency and an imperative public necessity that the

2-14     constitutional rule requiring bills to be read on three several

2-15     days in each house be suspended, and this rule is hereby suspended.