79R1105 KCR-D
By: Whitmire S.B. No. 911
A BILL TO BE ENTITLED
AN ACT
relating to certain criminal defendants paying restitution to the
compensation to victims of crime fund.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Articles 42.037(a), (f)(1), and (i), Code of
Criminal Procedure, are amended to read as follows:
(a) In addition to any fine authorized by law, the court
that sentences a defendant convicted of an offense may order the
defendant to make restitution to any victim of the offense or to the
compensation to victims of crime fund established under Subchapter
B, Chapter 56. If the court does not order restitution or orders
partial restitution under this subsection, the court shall state on
the record the reasons for not making the order or for the limited
order.
(f)(1) If the court orders the defendant to make restitution
under this article, the court shall order the defendant to make
restitution to the compensation to victims of crime fund
established under Subchapter B, Chapter 56, for any amounts paid by
that fund to a victim of the defendant's offense. The court may not
order restitution for a loss for which the victim has received or
will receive compensation. The court may, in the interest of
justice, order restitution to any person other than the
compensation to victims of crime fund who has compensated the
victim for the loss to the extent the person paid compensation. An
order of restitution shall require that all restitution to a victim
be made before any restitution to any other person is made under the
order.
(i) In addition to any other terms and conditions of
probation imposed under Article 42.12 [of this code], the court
shall [may] require a probationer to reimburse the compensation to
victims of crime [crime victims compensation] fund created under
Subchapter B, Chapter 56, for any amounts paid from that fund to a
victim of the probationer's offense. In this subsection, "victim"
has the meaning assigned by Article 56.01 [of this code].
SECTION 2. Section 11(a), Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
(a) The judge of the court having jurisdiction of the case
shall determine the conditions of community supervision and may, at
any time, during the period of community supervision alter or
modify the conditions. The judge may impose any reasonable
condition that is designed to protect or restore the community,
protect or restore the victim, or punish, rehabilitate, or reform
the defendant. Conditions of community supervision may include,
but shall not be limited to, the conditions that the defendant
shall:
(1) Commit no offense against the laws of this State or
of any other State or of the United States;
(2) Avoid injurious or vicious habits;
(3) Avoid persons or places of disreputable or harmful
character;
(4) Report to the supervision officer as directed by
the judge or supervision officer and obey all rules and regulations
of the community supervision and corrections department;
(5) Permit the supervision officer to visit the
defendant [him] at the defendant's [his] home or elsewhere;
(6) Work faithfully at suitable employment as far as
possible;
(7) Remain within a specified place;
(8) Pay the defendant's [his] fine, if one be assessed,
and all court costs whether a fine be assessed or not, in one or
several sums;
(9) Support the defendant's [his] dependents;
(10) Participate, for a time specified by the judge in
any community-based program, including a community-service work
program under Section 16 of this article;
(11) Reimburse the county in which the prosecution was
instituted for compensation paid to appointed counsel for defending
the defendant [him] in the case, if counsel was appointed, or if the
defendant [he] was represented by a county-paid public defender, in
an amount that would have been paid to an appointed attorney had the
county not had a public defender;
(12) Remain under custodial supervision in a community
corrections facility, obey all rules and regulations of such
facility, and pay a percentage of the defendant's [his] income to
the facility for room and board;
(13) Pay a percentage of the defendant's [his] income
to the defendant's [his] dependents for their support while under
custodial supervision in a community corrections facility;
(14) Submit to testing for alcohol or controlled
substances;
(15) Attend counseling sessions for substance abusers
or participate in substance abuse treatment services in a program
or facility approved or licensed by the Texas Commission on Alcohol
and Drug Abuse;
(16) With the consent of the victim of a misdemeanor
offense or of any offense under Title 7, Penal Code, participate in
victim-defendant mediation;
(17) Submit to electronic monitoring;
(18) Reimburse the compensation to victims of crime
fund or the general revenue fund for any amounts paid from those
funds [that fund] to a victim, as defined by Article 56.01 [of this
code], of the defendant's offense, or if no reimbursement is
required, make one payment to the compensation to victims of crime
fund in an amount not to exceed $50 if the offense is a misdemeanor
or not to exceed $100 if the offense is a felony;
(19) Reimburse a law enforcement agency for the
analysis, storage, or disposal of raw materials, controlled
substances, chemical precursors, drug paraphernalia, or other
materials seized in connection with the offense;
(20) Pay all or part of the reasonable and necessary
costs incurred by the victim for psychological counseling made
necessary by the offense or for counseling and education relating
to acquired immune deficiency syndrome or human immunodeficiency
virus made necessary by the offense;
(21) Make one payment in an amount not to exceed $50 to
a crime stoppers organization as defined by Section 414.001,
Government Code, and as certified by the Crime Stoppers Advisory
Council;
(22) Submit a blood sample or other specimen to the
Department of Public Safety under Subchapter G, Chapter 411,
Government Code, for the purpose of creating a DNA record of the
defendant; and
(23) In any manner required by the judge, provide
public notice of the offense for which the defendant was placed on
community supervision in the county in which the offense was
committed.
SECTION 3. The changes in law made by this Act apply only to
an order of restitution that is entered or a condition of community
supervision that is imposed on or after September 1, 2005. An order
of restitution that is entered or a condition of community
supervision that is imposed before September 1, 2005, is governed
by the law in effect on the date the order was entered or the
condition was imposed, and the former law is continued in effect for
that purpose.
SECTION 4. This Act takes effect September 1, 2005.