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.
1-11           SECTION 1.  Chapter 42, Code of Criminal Procedure, is
1-12     amended by adding Article 42.0371 to read as follows:
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.
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