| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the filing of an affidavit to perfect a restitution lien |
|
|
in a criminal case. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 5, Article 42.22, Code of Criminal |
|
|
Procedure, is amended to read as follows: |
|
|
Sec. 5. PERSONS WHO MAY FILE. (a) In a criminal case in |
|
|
which a defendant is ordered to pay fines or costs, the attorney |
|
|
representing the state [The following persons] may file an |
|
|
affidavit to perfect a restitution lien[:
|
|
|
[(1) the attorney representing the state in a criminal
|
|
|
case in which a victim is determined by the court to be entitled to
|
|
|
restitution or in which a defendant is ordered to pay fines or
|
|
|
costs; or
|
|
|
[(2) a victim in a criminal case determined by the
|
|
|
court to be entitled to restitution]. |
|
|
(b) In a criminal case in which a victim is determined by the |
|
|
court to be entitled to restitution, the clerk of the court, not |
|
|
later than the 30th day after the date the court enters the order to |
|
|
make restitution, shall file an affidavit to perfect a restitution |
|
|
lien. |
|
|
SECTION 2. This Act takes effect September 1, 2011. |