|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to restitution and other assistance provided to victims of |
|
crime and to related claimants. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Article 42.037, Code of Criminal Procedure, is |
|
amended by adding Subsection (q) to read as follows: |
|
(q) Not later than the 15th day following the end of each |
|
calendar quarter, each community supervision and corrections |
|
department, parole office, and parole panel shall submit to the |
|
Texas Department of Criminal Justice in a form required by the |
|
department a report that contains information relating to, as |
|
applicable, any restitution payment made during the preceding |
|
calendar quarter by a person placed on community supervision, |
|
paroled, or released to mandatory supervision or any restitution |
|
ordered by the parole panel in a criminal case during that period. |
|
The Texas Department of Criminal Justice annually shall publish a |
|
report based on statistical information collected under this |
|
subsection. If practicable, the department may publish the report |
|
with one or more related reports required of other state agencies by |
|
law. Notwithstanding any other law, the statistical information is |
|
not confidential and may be released, except that the release of the |
|
names of defendants and victims remains subject to all |
|
confidentiality requirements otherwise imposed by law. |
|
SECTION 2. Article 56.54, Code of Criminal Procedure, is |
|
amended by amending Subsections (b), (c), (h), and (i) and adding |
|
Subsections (i-1) and (l) to read as follows: |
|
(b) Except as provided by Subsections (h), (i-1) [(i)], (j), |
|
and (k) and Article 56.541, the compensation to victims of crime |
|
fund may be used only by the attorney general for the payment of |
|
compensation to claimants or victims under this subchapter. For |
|
purposes of this subsection, compensation to claimants or victims |
|
includes money allocated from the fund to the Crime Victims' |
|
Institute created by Section 96.65, Education Code, for the |
|
operation of the institute and for other expenses in administering |
|
this subchapter. The institute shall use money allocated from the |
|
fund only for the purposes of Sections 96.65, 96.651, and 96.652, |
|
Education Code. |
|
(c) Except as provided by Subsections (h) and (i-1) [(i)], |
|
the compensation to victims of crime auxiliary fund may be used by |
|
the attorney general only for the payment of compensation to |
|
claimants or victims under this subchapter. |
|
(h) An amount of money deposited to the credit of the |
|
compensation to victims of crime fund, not to exceed one-quarter of |
|
the amount disbursed from that fund in the form of compensation |
|
payments during a fiscal year except as otherwise required by |
|
Subsection (i)(2), shall be carried forward into the next |
|
succeeding fiscal year and applied toward the amount listed in the |
|
next succeeding fiscal year's method of financing. |
|
(i) The [If the sums available in the compensation to
|
|
victims of crime fund are sufficient in a fiscal year to make all
|
|
compensation payments, the] attorney general, from [may retain] any |
|
portion of the compensation to victims of crime fund that was |
|
deposited during a [the] fiscal year that was in excess of all |
|
compensation payments required to be made out of the fund during |
|
that fiscal year: |
|
(1) may retain an amount of emergency reserve to be |
|
used during the next fiscal year only for the purposes provided by |
|
Subsection (i-1); and |
|
(2) if the fund is projected to become insolvent |
|
during the next fiscal year, shall retain an amount of emergency |
|
reserve equal to at least 10 percent of the total amount of the |
|
compensation payments estimated to be made during the next fiscal |
|
year, to be used during the next fiscal year for that purpose only |
|
[as an emergency reserve for the next fiscal year]. |
|
(i-1) The amount of [Such] emergency reserve authorized by |
|
Subsection (i)(1) may not exceed $10,000,000 at any time and [. The
|
|
emergency reserve fund] may be used only to make compensation |
|
awards in claims and for providing emergency relief and assistance, |
|
including crisis intervention, emergency housing, travel, food, or |
|
expenses and technical assistance expenses incurred in |
|
implementing the purposes [the implementation] of this subsection |
|
in incidents resulting from an act of mass violence or from an act |
|
of international terrorism as defined by 18 U.S.C. Section 2331, |
|
occurring in the state or for Texas residents injured or killed in |
|
an act of terrorism outside of the United States. |
|
(l) Not later than September 15 of each year, the attorney |
|
general, after consulting with the comptroller, shall certify the |
|
amount of money remaining in the compensation to victims of crime |
|
auxiliary fund at the end of the preceding state fiscal year. If |
|
the amount remaining in the fund exceeds $5 million, as soon as |
|
practicable after the date of certification, the attorney general |
|
may transfer from that excess amount in the compensation to victims |
|
of crime auxiliary fund to the compensation to victims of crime fund |
|
an amount that is not more than 25 percent of the balance of the |
|
compensation to victims of crime auxiliary fund, to be used only for |
|
the purpose of making compensation payments during the fiscal year |
|
in which the amount is transferred. |
|
SECTION 3. Articles 56.541(a), (b), and (c), Code of |
|
Criminal Procedure, are amended to read as follows: |
|
(a) Not later than December 15 of each even-numbered year, |
|
the attorney general, after consulting with the comptroller, shall |
|
prepare forecasts and certify estimates of: |
|
(1) the amount of money that the attorney general |
|
anticipates will be received from deposits made to the credit of the |
|
compensation to victims of crime fund during the next state fiscal |
|
biennium, other than deposits of: |
|
(A) gifts, grants, and donations; and |
|
(B) money received from the United States; |
|
(2) the amount of money from the fund that the attorney |
|
general anticipates will be obligated during the next state fiscal |
|
biennium to comply with this chapter, including any amounts |
|
anticipated to be retained under Article 56.54(i) as an emergency |
|
reserve for each state fiscal year of the biennium; and |
|
(3) the amount of money in the fund that the attorney |
|
general anticipates will remain unexpended at the end of the |
|
current state fiscal year and will be [that is] available for |
|
appropriation in the next state fiscal biennium. |
|
(b) At the time the attorney general certifies the estimates |
|
made under Subsection (a), the attorney general shall also certify |
|
for the next state fiscal biennium the amount of excess money in the |
|
compensation to victims of crime fund available for the purposes of |
|
Subsection (c), calculated by subtracting the amount estimated |
|
under Subsection (a)(2) from the sum of the amounts estimated under |
|
Subsections (a)(1) and (a)(3). |
|
(c) For a state fiscal biennium, the legislature may |
|
appropriate from the compensation to victims of crime fund the |
|
amount of excess money in the fund certified for the biennium under |
|
Subsection (b) to state agencies that deliver or fund |
|
victim-related services or assistance, except that the legislature |
|
may not appropriate any amount of excess money actually retained |
|
under Article 56.54(i) for use as an emergency reserve during each |
|
of the two state fiscal years of the biennium. |
|
SECTION 4. Subchapter C, Chapter 71, Government Code, is |
|
amended by adding Section 71.0353 to read as follows: |
|
Sec. 71.0353. RESTITUTION INFORMATION. (a) Not later than |
|
the 15th day following the end of each calendar quarter, each court |
|
shall submit to the Office of Court Administration of the Texas |
|
Judicial System in a form required by the office a report that |
|
contains information relating to any restitution ordered by the |
|
court in a criminal case during that period. |
|
(b) The Office of Court Administration annually shall |
|
publish a report based on statistical information collected under |
|
this section. If practicable, the office may publish the report |
|
with one or more related reports required of other state agencies by |
|
law. Notwithstanding any other law, the statistical information is |
|
not confidential and may be released, except that the release of the |
|
names of defendants and victims remains subject to all |
|
confidentiality requirements otherwise imposed by law. |
|
SECTION 5. Subchapter C, Chapter 61, Human Resources Code, |
|
is amended by adding Section 61.0411 to read as follows: |
|
Sec. 61.0411. RESTITUTION INFORMATION. (a) Not later than |
|
the 15th day following the end of each calendar quarter, each local |
|
juvenile parole office shall submit to the commission in a form |
|
required by the commission a report that contains information |
|
relating to any restitution payment made during the preceding |
|
calendar quarter by a juvenile who is paroled by the commission. |
|
(b) The commission annually shall publish a report based on |
|
statistical information collected under this section. If |
|
practicable, the commission may publish the report with one or more |
|
related reports required of other state agencies by law. |
|
Notwithstanding any other law, the statistical information is not |
|
confidential and may be released, except that the release of the |
|
names of juveniles and victims remains subject to all |
|
confidentiality requirements otherwise imposed by law. |
|
SECTION 6. Subchapter C, Chapter 141, Human Resources Code, |
|
is amended by adding Section 141.0422 to read as follows: |
|
Sec. 141.0422. RESTITUTION INFORMATION. (a) Not later |
|
than the 15th day following the end of each calendar quarter, each |
|
local juvenile probation office shall submit to the commission in a |
|
form required by the commission a report that contains information |
|
relating to any restitution payment made during the preceding |
|
calendar quarter by a juvenile who is placed on juvenile probation |
|
by the commission. |
|
(b) The commission annually shall publish a report based on |
|
statistical information collected under this section. If |
|
practicable, the commission may publish the report with one or more |
|
related reports required of other state agencies by law. |
|
Notwithstanding any other law, the statistical information is not |
|
confidential and may be released, except that the release of the |
|
names of juveniles and victims remains subject to all |
|
confidentiality requirements otherwise imposed by law. |
|
SECTION 7. The change in law made by this Act in adding |
|
Article 42.037(q), Code of Criminal Procedure, Section 71.0353, |
|
Government Code, and Sections 61.0411 and 141.0422, Human Resources |
|
Code, applies only to a restitution payment made or restitution |
|
ordered on or after the effective date of this Act. |
|
SECTION 8. This Act takes effect September 1, 2007. |