1-1 By: Wise (Senate Sponsor - Jackson) H.B. No. 302 1-2 (In the Senate - Received from the House April 26, 1999; 1-3 April 27, 1999, read first time and referred to Committee on 1-4 Criminal Justice; May 14, 1999, reported favorably by the following 1-5 vote: Yeas 4, Nays 0; May 14, 1999, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to mandatory restitution in offenses involving the 1-9 abduction of or interference with the custody of children. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Chapter 42, Code of Criminal Procedure, is 1-12 amended by adding Article 42.0371 to read as follows: 1-13 Art. 42.0371. MANDATORY RESTITUTION FOR KIDNAPPED OR 1-14 ABDUCTED CHILDREN. (a) The court shall order a defendant 1-15 convicted of an offense under Chapter 20, Penal Code, or Section 1-16 25.03, 25.031, or 25.04, Penal Code, to pay restitution in an 1-17 amount equal to the cost of necessary rehabilitation, including 1-18 medical, psychiatric, and psychological care and treatment, for the 1-19 victim of the offense if the victim is younger than 17 years of 1-20 age. 1-21 (b) The court shall, after considering the financial 1-22 circumstances of the defendant, specify in a restitution order 1-23 issued under Subsection (a) the manner in which the defendant must 1-24 pay the restitution. 1-25 (c) A restitution order issued under Subsection (a) may be 1-26 enforced by the state or a victim named in the order to receive the 1-27 restitution in the same manner as a judgment in a civil action. 1-28 (d) The court may hold a hearing, make findings of fact, and 1-29 amend a restitution order issued under Subsection (a) if the 1-30 defendant fails to pay the victim named in the order in the manner 1-31 specified by the court. 1-32 SECTION 2. The change in law made by this Act applies only 1-33 to an offense committed on or after the effective date of this Act. 1-34 An offense committed before the effective date of this Act is 1-35 covered by the law in effect when the offense was committed and the 1-36 former law is continued in effect for that purpose. For purposes 1-37 of this section, an offense was committed before the effective 1-38 date of this Act if any element of the offense occurred before that 1-39 date. 1-40 SECTION 3. This Act takes effect September 1, 1999. 1-41 SECTION 4. The importance of this legislation and the 1-42 crowded condition of the calendars in both houses create an 1-43 emergency and an imperative public necessity that the 1-44 constitutional rule requiring bills to be read on three several 1-45 days in each house be suspended, and this rule is hereby suspended. 1-46 * * * * *