By: Gallego H.B. No. 4464
A BILL TO BE ENTITLED
AN ACT
relating to crime victim information in a criminal judgment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1, Article 42.01, Code of Criminal
Procedure is amended to read as follows:
Sec. 1. A judgment is the written declaration of the court
signed by the trial judge and entered of record showing the
conviction or acquittal of the defendant. The sentence served
shall be based on the information contained in the judgment. The
judgment shall reflect:
1. The title and number of the case;
2. That the case was called and the parties appeared,
naming the attorney for the state, the defendant, and the attorney
for the defendant, or, where a defendant is not represented by
counsel, that the defendant knowingly, intelligently, and
voluntarily waived the right to representation by counsel;
3. The plea or pleas of the defendant to the offense
charged;
4. Whether the case was tried before a jury or a jury
was waived;
5. The submission of the evidence, if any;
6. In cases tried before a jury that the jury was
charged by the court;
7. The verdict or verdicts of the jury or the finding
or findings of the court;
8. In the event of a conviction that the defendant is
adjudged guilty of the offense as found by the verdict of the jury
or the finding of the court, and that the defendant be punished in
accordance with the jury's verdict or the court's finding as to the
proper punishment;
9. In the event of conviction where death or any
punishment is assessed that the defendant be sentenced to death, a
term of confinement or community supervision, or to pay a fine, as
the case may be;
10. In the event of conviction where the imposition of
sentence is suspended and the defendant is placed on community
supervision, setting forth the punishment assessed, the length of
community supervision, and the conditions of community
supervision;
11. In the event of acquittal that the defendant be
discharged;
12. The county and court in which the case was tried
and, if there was a change of venue in the case, the name of the
county in which the prosecution was originated;
13. The offense or offenses for which the defendant
was convicted;
14. The date of the offense or offenses and degree of
offense for which the defendant was convicted;
15. The term of sentence;
16. The date judgment is entered;
17. The date sentence is imposed;
18. The date sentence is to commence and any credit for
time served;
19. The terms of any order entered pursuant to Article
42.08 of this code that the defendant's sentence is to run
cumulatively or concurrently with another sentence or sentences;
20. The terms of any plea bargain;
21. Affirmative findings entered pursuant to
Subdivision (2) of Subsection (a) of Section 3g of Article 42.12 of
this code;
22. The terms of any fee payment ordered under Article
42.151 of this code;
23. The defendant's thumbprint taken in accordance
with Article 38.33 of this code;
24. In the event that the judge orders the defendant to
repay a reward or part of a reward under Articles 37.073 and 42.152
of this code, a statement of the amount of the payment or payments
required to be made;
25. In the event that the court orders restitution to
be paid to the victim, a statement of the amount of restitution
ordered and:
(A) the name and address of a person or agency
that will accept and forward restitution payments to the victim
[and the permanent mailing address of the victim at the time of the
judgment]; or
(B) if the court specifically elects to have
payments made directly to the crime victim, [determines that the
inclusion of] the [victim's] name and permanent address [in the
judgment is not in the best interest] of the victim at the time of
judgment [, the name and address of a person or agency that will
accept and forward restitution payments to the victim];
26. In the event that a presentence investigation is
required by Section 9(a), (b), (h), or (i), Article 42.12 of this
code, a statement that the presentence investigation was done
according to the applicable provision;
27. In the event of conviction of an offense for which
registration as a sex offender is required under Chapter 62, a
statement that the registration requirement of that chapter applies
to the defendant and a statement of the age of the victim of the
offense;
28. The defendant's state identification number
required by Section 60.052(a)(2), if that number has been assigned
at the time of the judgment; and
29. The incident number required by Section
60.052(a)(4), if that number has been assigned at the time of the
judgment.
SECTION 2. Article 42.037(g), Code of Criminal Procedure is
amended to read as follows:
(g)(1) The court may require a defendant to make restitution
under this article within a specified period or in specified
installments. If the court requires the defendant to make
restitution in specified installments, in addition to the
installment payments, the court may require the defendant to pay a
one-time restitution fee of $12, $6 of which the court shall retain
for costs incurred in collecting the specified installments and $6
of which the court shall order to be paid to the compensation to
victims of crime fund.
(2) The end of the period or the last installment may
not be later than:
(A) the end of the period of probation, if
probation is ordered;
(B) five years after the end of the term of
imprisonment imposed, if the court does not order probation; or
(C) five years after the date of sentencing in
any other case.
(3) If the court does not provide otherwise, the
defendant shall make restitution immediately.
(4) Except as provided by Subsection (n), the order of
restitution must require the defendant to: (i) make restitution
directly to the person or agency that will accept and forward
restitution payments to the victim or other person eligible for
restitution under this article, including the compensation to
victims of crime fund; (ii) make restitution directly to the
victim or other person eligible for restitution under this article,
including the compensation to victims of crime fund; [,] or (iii)
[to] deliver the amount or property due as restitution to a
community supervision and corrections department for transfer to
the victim or person.
SECTION 3. This Act takes effect September 1, 2009.