SRC-DPW H.B. 302 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 302
76R2321 KEL-DBy: Wise (Jackson)
Criminal Justice
5/14/1999
Engrossed


DIGEST 

State court judges usually have authority to require the convicted
defendant to make restitution to victims of crime. There currently are no
special provisions pertaining to restitution in cases involving the
kidnaping or abduction of children.  H.B. 302 requires a judge to impose
restitution for the costs of such a victim's rehabilitation at the
sentencing or disposition hearing, to specify the method of payment, and
authorizes the court to issue a contempt order for offenders who fail to
meet the conditions of the restitution order and to convert the restitution
order into a civil judgment.  

PURPOSE

As proposed, H.B. 302 requires mandatory restitution in offenses involving
the abduction of or interference with the custody of children. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 42, Code of Criminal Procedure, by adding Article
42.0371, as follows:  

Art. 42.0371. MANDATORY RESTITUTION FOR KIDNAPPED OR ABDUCTED CHILDREN.
Requires the court to order a defendant convicted of an offense under
Chapter 20, Penal Code, or Section 25.03, 25.031, or 25.04, Penal Code, to
pay restitution in an amount equal to the cost of necessary rehabilitation,
inclusive of medical, psychiatric, and psychological treatment, for victims
younger than 17 years of age. Requires the court to specify in the
restitution order the manner of payment. Authorizes the state or a victim
named in the restitution order to enforce a restitution order in the same
manner as a civil action judgment. Authorizes the court to hold a hearing,
make findings of fact, and amend an order issued under this section if the
defendant does not pay the victim named in the order in the manner
specified by the court.  

SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date: September 1, 1999.

SECTION 4. Emergency clause.