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A BILL TO BE ENTITLED
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AN ACT
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relating to restitution payments ordered by juvenile courts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 54, Family Code, is amended by adding |
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Section 54.0481 to read as follows: |
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Sec. 54.0481. TREATMENT OF RESTITUTION PAYMENTS. (a) A |
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juvenile probation department that receives a payment to a victim |
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as the result of a juvenile court order for restitution shall |
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immediately: |
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(1) deposit the payment in an interest-bearing account |
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in the county treasury; and |
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(2) notify the victim by certified mail, sent to the |
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last known address of the victim, that a payment has been received. |
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(b) The juvenile probation department shall promptly remit |
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the payment to a victim who has been notified under Subsection (a) |
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and makes a claim for payment. |
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(c) On or before the fifth anniversary of the date the |
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juvenile probation department receives a payment for a victim that |
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is not claimed by the victim, the department shall make and document |
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a good faith effort to locate and notify the victim that an |
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unclaimed payment exists, including: |
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(1) confirming, if possible, the victim's most recent |
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address with the Department of Public Safety; and |
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(2) making at least one additional certified mailing |
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to the victim. |
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(d) A juvenile probation department satisfies the good |
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faith requirement under Subsection (c) by sending by certified mail |
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to the victim, during the period the child is required by the |
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juvenile court order to make payments to the victim, a notice that |
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the victim is entitled to an unclaimed payment. |
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(e) If a victim claims a payment on or before the fifth |
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anniversary of the date on which the juvenile probation department |
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mailed a notice to the victim under Subsection (a), the juvenile |
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probation department shall pay the victim the amount of the |
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original payment, less any interest earned while holding the |
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payment. |
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(f) If a victim does not claim a payment on or before the |
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fifth anniversary of the date on which the juvenile probation |
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department mailed a notice to the victim under Subsection (a), the |
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department: |
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(1) has no liability to the victim or anyone else in |
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relation to the payment; and |
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(2) shall transfer the payment from the |
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interest-bearing account to a special fund of the county treasury, |
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the unclaimed juvenile restitution fund. |
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(g) The county may spend money in the unclaimed juvenile |
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restitution fund only for the same purposes for which the county may |
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spend juvenile state aid. |
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SECTION 2. This Act applies only to a payment of restitution |
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under a juvenile court order received by a juvenile probation |
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department on or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2007. |