SRC-LBB S.B. 475 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 475
78R5023 KCR-DBy: Barrientos
Criminal Justice
3/17/2003
As Filed


DIGEST AND PURPOSE 

Currently, some convicted offenders of identity theft are not paying
restitution and there is no incentive for the perpetrator to make
restitution to the victim in a timely manner.  As proposed, S.B. 475
requires an attorney representing the state to file an affidavit
perfecting the restitution lien.  This bill also requires the judge to
enter an order requiring the Department of Public Safety to suspend the
defendant's driver's license and prohibiting the Department of
Transportation from issuing the defendant a vehicle title or registration,
until such time as restitution has been made. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 5, Article 42.22, Code of Criminal Procedure,
as follows: 

Sec. 5.  New Heading:  DISCRETIONARY AND MANDATORY FILING OF AFFIDAVIT
PERFECTING LIEN.  (a)  Creates Subsection (a) from existing text. 

(b)  Requires an attorney representing the state in the prosecution of an
offense under Section 32.51 (Fraudulent Use or Possession of Identifying
Information), Penal Code, to file an affidavit to perfect a restitution
lien if the defendant is convicted of the offense and the judge orders the
defendant to make restitution to the victim of the offense. 

SECTION 2.  Amends Section 32.51, Penal Code, by adding Subsections (f)
and (g), as follows: 

(f)  Provides that if a judge orders a defendant convicted of an offense
under this section to make restitution to the victim of the offense, the
judge is required to also enter an order requiring the Department of
Public Safety (DPS) to suspend a defendant's driver's license and
prohibiting DPS from issuing a license to a defendant and prohibiting the
Texas Department of Transportation (TxDOT) from issuing a defendant a
motor vehicle certificate of title and registration. 
 
(g)  Provides that an order entered under Subsection (f) expires on the
date that a defendant presents proof to the judge that the defendant has
made full restitution to the victim of the offense. Requires the judge, on
receipt of proof under this subsection, to immediately notify the DPS and
TxDOT that the order has expired, and requires those departments to
immediately end the suspension or prohibition, as applicable, except that
a defendant whose license has been suspended as required by Subsection (f)
must apply to  DPS for reinstatement of the license and pay a
reinstatement fee of $50. 

SECTION 3.  (a)  Effective date:  September 1, 2003.

   (b)  Makes application of this Act prospective.