| 1 | 1 | | 81R8410 PEP-D |
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| 2 | 2 | | By: Vaught H.B. No. 2933 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to requiring certain criminal defendants to make payments |
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| 8 | 8 | | to the compensation to victims of crime fund. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 42, Code of Criminal Procedure, is |
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| 11 | 11 | | amended by adding Article 42.0379 to read as follows: |
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| 12 | 12 | | Art. 42.0379. MANDATORY PAYMENTS FOR COMPENSATION TO |
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| 13 | 13 | | VICTIMS OF CRIME FUND. (a) In this article, "inmate account" |
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| 14 | 14 | | means an account created for an inmate under Section 501.014(a), |
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| 15 | 15 | | Government Code. |
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| 16 | 16 | | (b) In addition to any other fine, cost, or restitution |
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| 17 | 17 | | ordered by the court, a court that imposes on a defendant a sentence |
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| 18 | 18 | | that renders the defendant ineligible for release on parole under |
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| 19 | 19 | | Section 508.145, Government Code, shall order the defendant to make |
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| 20 | 20 | | an annual payment, for the duration of the defendant's |
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| 21 | 21 | | incarceration, to the compensation to victims of crime fund |
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| 22 | 22 | | established under Subchapter B, Chapter 56, in an amount that is |
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| 23 | 23 | | equal to or less than one percent of the amount in the defendant's |
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| 24 | 24 | | inmate account on each anniversary of the date the inmate is |
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| 25 | 25 | | admitted to the custody of the Texas Department of Criminal |
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| 26 | 26 | | Justice. |
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| 27 | 27 | | SECTION 2. Section 501.014(f), Government Code, is amended |
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| 28 | 28 | | to read as follows: |
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| 29 | 29 | | (f) The department may place a hold on money in or withdraw |
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| 30 | 30 | | money from an inmate account: |
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| 31 | 31 | | (1) to restore amounts withdrawn by the inmate against |
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| 32 | 32 | | uncollected money; |
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| 33 | 33 | | (2) to correct accounting errors; |
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| 34 | 34 | | (3) to make restitution for wrongful withdrawals made |
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| 35 | 35 | | by an inmate from the account of another inmate; |
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| 36 | 36 | | (4) to cover deposits until cleared; |
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| 37 | 37 | | (5) as directed by court order in accordance with |
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| 38 | 38 | | Subsection (e), including a court order described by Article |
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| 39 | 39 | | 42.0379, Code of Criminal Procedure; |
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| 40 | 40 | | (6) as part of an investigation by the department of |
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| 41 | 41 | | inmate conduct involving the use of the account or an investigation |
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| 42 | 42 | | in which activity or money in the inmate's account is evidence; |
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| 43 | 43 | | (7) to transfer money deposited in violation of law or |
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| 44 | 44 | | department policy; or |
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| 45 | 45 | | (8) to recover money the inmate owes the department |
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| 46 | 46 | | for indigent supplies, medical copayments, destruction of state |
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| 47 | 47 | | property, or other indebtedness. |
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| 48 | 48 | | SECTION 3. The change in law made by this Act applies only |
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| 49 | 49 | | to an offense committed on or after the effective date of this Act. |
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| 50 | 50 | | An offense committed before the effective date of this Act is |
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| 51 | 51 | | covered by the law in effect when the offense was committed, and the |
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| 52 | 52 | | former law is continued in effect for that purpose. For purposes of |
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| 53 | 53 | | this section, an offense was committed before the effective date of |
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| 54 | 54 | | this Act if any element of the offense occurred before that date. |
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| 55 | 55 | | SECTION 4. This Act takes effect September 1, 2009. |
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