1-1 By: Harris S.B. No. 118
1-2 (In the Senate - Filed January 4, 1999; January 28, 1999,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 February 2, 1999, rereferred to Committee on Jurisprudence;
1-5 February 18, 1999, reported adversely, with favorable Committee
1-6 Substitute by the following vote: Yeas 5, Nays 0;
1-7 February 18, 1999, sent to printer.)
1-8 COMMITTEE SUBSTITUTE FOR S.B. No. 118 By: Harris
1-9 A BILL TO BE ENTITLED
1-10 AN ACT
1-11 relating to the payment or transfer of certain restitution or other
1-12 money to a local registry or the Title IV-D agency.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Chapter 2, Code of Criminal Procedure, is amended
1-15 by adding Article 2.025 to read as follows:
1-16 Art. 2.025. SPECIAL DUTY OF DISTRICT OR COUNTY ATTORNEY
1-17 RELATING TO CHILD SUPPORT. If a district or county attorney
1-18 receives money from a person who is required by a court order to
1-19 pay child support through a local registry or the Title IV-D agency
1-20 and the money is presented to the attorney as payment for the
1-21 court-ordered child support, the attorney shall transfer the money
1-22 to the local registry or Title IV-D agency designated as the place
1-23 of payment in the child support order.
1-24 SECTION 2. Subdivision (4), Subsection (g), Article 42.037,
1-25 Code of Criminal Procedure, is amended to read as follows:
1-26 (4) Except as provided by Subsection (n), the [The]
1-27 order of restitution must require the defendant to make restitution
1-28 directly to the victim or other person eligible for restitution
1-29 under this article or to deliver the amount or property due as
1-30 restitution to a community supervision and corrections department
1-31 for transfer to the victim or person.
1-32 SECTION 3. Article 42.037, Code of Criminal Procedure, is
1-33 amended by adding Subsection (n) to read as follows:
1-34 (n) If a defendant is convicted of or receives deferred
1-35 adjudication for an offense under Section 25.05, Penal Code, if the
1-36 child support order on which prosecution of the offense was based
1-37 required the defendant to pay the support to a local registry or
1-38 the Title IV-D agency, and if the court orders restitution under
1-39 this article, the order of restitution must require the defendant
1-40 to pay the child support in the following manner:
1-41 (1) during any period in which the defendant is under
1-42 the supervision of a community supervision and corrections
1-43 department, to the department for transfer to the local registry or
1-44 Title IV-D agency designated as the place of payment in the child
1-45 support order; and
1-46 (2) during any period in which the defendant is not
1-47 under the supervision of a department, directly to the registry or
1-48 agency described by Subdivision (1).
1-49 SECTION 4. The change in law made by this Act to Article
1-50 42.037, Code of Criminal Procedure, as amended by this Act, applies
1-51 only to an order of restitution issued on or after the effective
1-52 date of this Act.
1-53 SECTION 5. This Act takes effect September 1, 1999.
1-54 SECTION 6. The importance of this legislation and the
1-55 crowded condition of the calendars in both houses create an
1-56 emergency and an imperative public necessity that the
1-57 constitutional rule requiring bills to be read on three several
1-58 days in each house be suspended, and this rule is hereby suspended.
1-59 * * * * *