78R5023 KCR-D

By:  Barrientos                                                   S.B. No. 475



A BILL TO BE ENTITLED

AN ACT

relating to certain consequences for a conviction of the offense of 
fraudulent use or possession of identifying information.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 5, Article 42.22, Code of Criminal 
Procedure, is amended to read as follows:
	Sec. 5.  DISCRETIONARY AND MANDATORY FILING OF AFFIDAVIT 
PERFECTING LIEN [PERSONS WHO MAY FILE].  (a) The following persons 
may file an affidavit to perfect a restitution lien:
		(1)  the attorney representing the state in a criminal 
case in which a victim is determined by the court to be entitled to 
restitution or in which a defendant is ordered to pay fines or 
costs;  or
		(2)  a victim in a criminal case determined by the court 
to be entitled to restitution.
	(b)  An attorney representing the state in the prosecution of 
an offense under Section 32.51, Penal Code, shall 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.  Section 32.51, Penal Code, is amended by adding 
Subsections (f) and (g) to read as follows:
	(f)  If a judge orders a defendant convicted of an offense 
under this section to make restitution to the victim of the offense, 
the judge shall also enter an order:
		(1)  requiring the Department of Public Safety to 
suspend the driver's license of the defendant or, if the defendant 
does not have a license, prohibiting that department from issuing a 
license to the defendant; and
		(2)  prohibiting the Texas Department of 
Transportation from issuing to the defendant a:
			(A)  motor vehicle certificate of title under 
Chapter 501, Transportation Code; and
			(B)  motor vehicle registration under Chapter 
502, Transportation Code.
	(g)  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. On receipt 
of proof under this subsection, the judge shall immediately notify 
the Department of Public Safety and the Texas Department of 
Transportation that the order has expired, and those departments 
shall 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 the Department of Public 
Safety for reinstatement of the license and pay a reinstatement fee 
of $50.
	SECTION 3.  (a) This Act takes effect September 1, 2003.                       
	(b)  The change in law made by this Act applies only to an 
offense committed on or after September 1, 2003. An offense 
committed before September 1, 2003, is covered by the law in effect 
when the offense was committed, and the former law is continued in 
effect for that purpose.  For the purposes of this subsection, an 
offense was committed before September 1, 2003, if any element of 
the offense occurred before that date.