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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring certain criminal defendants to make payments |
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to the compensation to victims of crime fund. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 42, Code of Criminal Procedure, is |
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amended by adding Article 42.0379 to read as follows: |
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Art. 42.0379. MANDATORY PAYMENTS FOR COMPENSATION TO |
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VICTIMS OF CRIME FUND. (a) In this article, "inmate account" |
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means an account created for an inmate under Section 501.014(a), |
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Government Code. |
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(b) In addition to any other fine, cost, or restitution |
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ordered by the court, a court that imposes on a defendant a sentence |
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that renders the defendant ineligible for release on parole under |
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Section 508.145, Government Code, shall order the defendant to make |
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an annual payment, for the duration of the defendant's |
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incarceration, to the compensation to victims of crime fund |
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established under Subchapter B, Chapter 56, in an amount that is |
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equal to or less than one percent of the amount in the defendant's |
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inmate account on each anniversary of the date the inmate is |
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admitted to the custody of the Texas Department of Criminal |
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Justice. |
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SECTION 2. Section 501.014(f), Government Code, is amended |
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to read as follows: |
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(f) The department may place a hold on money in or withdraw |
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money from an inmate account: |
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(1) to restore amounts withdrawn by the inmate against |
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uncollected money; |
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(2) to correct accounting errors; |
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(3) to make restitution for wrongful withdrawals made |
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by an inmate from the account of another inmate; |
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(4) to cover deposits until cleared; |
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(5) as directed by court order in accordance with |
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Subsection (e), including a court order described by Article |
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42.0379, Code of Criminal Procedure; |
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(6) as part of an investigation by the department of |
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inmate conduct involving the use of the account or an investigation |
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in which activity or money in the inmate's account is evidence; |
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(7) to transfer money deposited in violation of law or |
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department policy; or |
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(8) to recover money the inmate owes the department |
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for indigent supplies, medical copayments, destruction of state |
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property, or other indebtedness. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2009. |