By: Carona  S.B. No. 411
         (In the Senate - Filed January 6, 2009; February 17, 2009,
  read first time and referred to Committee on Criminal Justice;
  April 28, 2009, reported favorably by the following vote:  Yeas 5,
  Nays 0; April 28, 2009, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to a restitution lien for the state to secure fines or
  costs in a misdemeanor case.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (b), Section 2, Article 42.22, Code
  of Criminal Procedure, is amended to read as follows:
         (b)  The state also has a restitution lien to secure the
  amount of:
               (1)  [amount of] fines or costs entered against a
  defendant in the judgment in a felony or misdemeanor criminal case;
               (2)  [amount of] reimbursement for costs of:
                     (A)  confinement ordered under Article 42.038; or
                     (B)  notice provided under Article 62.056 or
  62.201; and
               (3)  [amount of] damages incurred by the state as a
  result of the commission of an offense under Section 38.04, Penal
  Code, in which the defendant used a motor vehicle while the
  defendant was in flight.
         SECTION 2.  The change in law made by this Act applies only
  to a judgment in a criminal case for an offense committed on or
  after the effective date of this Act. A judgment in a criminal case
  for an offense committed before the effective date of this Act is
  governed by the law in effect when the offense was committed, and
  the former law is continued in effect for that purpose. For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 3.  This Act takes effect September 1, 2009.
 
  * * * * *