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A BILL TO BE ENTITLED
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AN ACT
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relating to the payment of restitution by a person released on |
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parole or to mandatory supervision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 42.037, Code of Criminal Procedure, is |
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amended by adding Subsection (y) to read as follows: |
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(y) If a victim who is entitled to restitution does not make |
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a claim for payment before the third anniversary of the date the |
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clerk of the court receives the initial restitution payment or if, |
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after the victim makes a claim for payment, the clerk is unable to |
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locate the victim for a period of three years after the date the |
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clerk last made a payment to the victim, any unclaimed restitution |
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payments being held by the clerk for payment to the victim shall be |
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transferred to the compensation to victims of crimes fund. |
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SECTION 2. Section 493.035, Government Code, is amended by |
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adding Subsections (e), (f), and (g) to read as follows: |
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(e) If the department transfers a restitution payment to a |
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county, the department shall include the last known address of the |
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victim. |
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(f) The department transferring a restitution payment to |
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the clerk shall include a history of past payments made to the |
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victim by the department to include the following: |
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(1) the date each payment was made; |
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(2) the amount of each payment; |
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(3) the address each payment was sent to; and |
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(4) the ending balance of payments made to the victim |
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during the departments collection period. |
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(g) Information provided to a clerk of the court under |
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Subsections (e) and (f) is confidential and not subject to public |
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disclosure under Chapter 552. |
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SECTION 3. Sections 508.322, Government Code, are amended |
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by amending Subsections (c) and (e) and adding Subsection (c-3) to |
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read as follows: |
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(c) When a parole panel orders the payment of restitution |
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from a releasee as provided by Article 42.037(h), Code of Criminal |
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Procedure, the department shall: |
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(1) collect the payment for disbursement to the |
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victim; |
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(2) deposit the payment in the releasee restitution |
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fund; and |
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(3) transmit the payment, a payment history described |
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by 493.035(f), and the last known address of the victim to the clerk |
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of the court that entered the order of restitution as soon as |
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practicable for the clerk to remit the payment to the victim. |
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(c-3) Information provided to a clerk of the court under |
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Subsection (c)(3) is confidential and not subject to public |
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disclosure under Chapter 552. |
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(e) If a victim who is entitled to restitution does not make |
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a claim for payment before the third [fifth] anniversary of the date |
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the clerk of the court receives the initial restitution payment or |
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if, after the victim makes a claim for payment, the clerk is unable |
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to locate the victim for a period of three [five] years after the |
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date the clerk last made a payment to the victim, any unclaimed |
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restitution payments being held by the clerk for payment to the |
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victim shall be transferred to the compensation to victims of |
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crimes fund [are presumed abandoned. The clerk of the court shall |
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report and deliver to the comptroller all unclaimed restitution |
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payments presumed abandoned under this section in the manner |
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provided by Chapter 77, Property Code]. |
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SECTION 2. This Act takes effect September 1, 2025. |