81R8410 PEP-D
By: Vaught H.B. No. 2933
A BILL TO BE ENTITLED
AN ACT
relating to requiring certain criminal defendants to make payments
to the compensation to victims of crime fund.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 42, Code of Criminal Procedure, is
amended by adding Article 42.0379 to read as follows:
Art. 42.0379. MANDATORY PAYMENTS FOR COMPENSATION TO
VICTIMS OF CRIME FUND. (a) In this article, "inmate account"
means an account created for an inmate under Section 501.014(a),
Government Code.
(b) In addition to any other fine, cost, or restitution
ordered by the court, a court that imposes on a defendant a sentence
that renders the defendant ineligible for release on parole under
Section 508.145, Government Code, shall order the defendant to make
an annual payment, for the duration of the defendant's
incarceration, to the compensation to victims of crime fund
established under Subchapter B, Chapter 56, in an amount that is
equal to or less than one percent of the amount in the defendant's
inmate account on each anniversary of the date the inmate is
admitted to the custody of the Texas Department of Criminal
Justice.
SECTION 2. Section 501.014(f), Government Code, is amended
to read as follows:
(f) The department may place a hold on money in or withdraw
money from an inmate account:
(1) to restore amounts withdrawn by the inmate against
uncollected money;
(2) to correct accounting errors;
(3) to make restitution for wrongful withdrawals made
by an inmate from the account of another inmate;
(4) to cover deposits until cleared;
(5) as directed by court order in accordance with
Subsection (e), including a court order described by Article
42.0379, Code of Criminal Procedure;
(6) as part of an investigation by the department of
inmate conduct involving the use of the account or an investigation
in which activity or money in the inmate's account is evidence;
(7) to transfer money deposited in violation of law or
department policy; or
(8) to recover money the inmate owes the department
for indigent supplies, medical copayments, destruction of state
property, or other indebtedness.
SECTION 3. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
covered 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 4. This Act takes effect September 1, 2009.