By Wise H.B. No. 302 76R2321 KEL-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. The change in law made by this Act applies only 2-3 to an offense committed on or after the effective date of this Act. 2-4 An offense committed before the effective date of this Act is 2-5 covered by the law in effect when the offense was committed and the 2-6 former law is continued in effect for that purpose. For purposes 2-7 of this section, an offense was committed before the effective 2-8 date of this Act if any element of the offense occurred before that 2-9 date. 2-10 SECTION 3. This Act takes effect September 1, 1999. 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.