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.
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