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AN ACT
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relating to the collection and amount of restitution authorized to |
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be collected from persons charged with or convicted of certain |
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misdemeanor offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 32.41(e), Penal Code, is amended to read |
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as follows: |
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(e) A person charged with an offense under this section may |
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make restitution for the bad checks. Restitution shall be made |
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through the prosecutor's office if collection and processing were |
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initiated through that office. In other cases restitution may be, |
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with the approval of the court in which the offense is filed: |
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(1) [, be] made through the court; or |
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(2) collected by a law enforcement agency if a peace |
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officer of that agency executes a warrant against the person |
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charged with the offense. |
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SECTION 2. Article 45.041, Code of Criminal Procedure, is |
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amended by amending Subsection (b) and adding Subsection (b-1) to |
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read as follows: |
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(b) The justice or judge may direct the defendant: |
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(1) to pay: |
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(A) the entire fine and costs when sentence is |
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pronounced; |
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(B) the entire fine and costs at some later date; |
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or |
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(C) a specified portion of the fine and costs at |
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designated intervals; |
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(2) if applicable, to make restitution to any victim |
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of the offense [in an amount not to exceed $500]; and |
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(3) to satisfy any other sanction authorized by law. |
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(b-1) Restitution made under Subsection (b)(2) may not |
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exceed $5,000 for an offense under Section 32.41, Penal Code. |
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SECTION 3. (a) Section 32.41(e), Penal Code, as amended by |
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this Act, applies only to a warrant executed by a peace officer on |
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or after the effective date of this Act. |
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(b) Article 45.041, Code of Criminal Procedure, as amended |
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by this Act, applies only to a sentence pronounced on or after the |
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effective date of this Act. A sentence pronounced before the |
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effective date of this Act is covered by the law in effect when the |
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sentence was pronounced, and the former law is continued in effect |
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for that purpose. |
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SECTION 4. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 485 was passed by the House on May 3, |
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2007, by the following vote: Yeas 141, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 485 was passed by the Senate on May |
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23, 2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |