Texas 2009 - 81st Regular

Texas House Bill HB4464 Compare Versions

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1	1	H.B. No. 4464
2	2
3	3
4	4	AN ACT
5	5	relating to crime victim information in a criminal judgment.
6	6	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	7	SECTION 1. Section 1, Article 42.01, Code of Criminal
8	8	Procedure, is amended to read as follows:
9	9	Sec. 1. A judgment is the written declaration of the court
10	10	signed by the trial judge and entered of record showing the
11	11	conviction or acquittal of the defendant. The sentence served
12	12	shall be based on the information contained in the judgment. The
13	13	judgment shall reflect:
14	14	1. The title and number of the case;
15	15	2. That the case was called and the parties appeared,
16	16	naming the attorney for the state, the defendant, and the attorney
17	17	for the defendant, or, where a defendant is not represented by
18	18	counsel, that the defendant knowingly, intelligently, and
19	19	voluntarily waived the right to representation by counsel;
20	20	3. The plea or pleas of the defendant to the offense
21	21	charged;
22	22	4. Whether the case was tried before a jury or a jury
23	23	was waived;
24	24	5. The submission of the evidence, if any;
25	25	6. In cases tried before a jury that the jury was
26	26	charged by the court;
27	27	7. The verdict or verdicts of the jury or the finding
28	28	or findings of the court;
29	29	8. In the event of a conviction that the defendant is
30	30	adjudged guilty of the offense as found by the verdict of the jury
31	31	or the finding of the court, and that the defendant be punished in
32	32	accordance with the jury's verdict or the court's finding as to the
33	33	proper punishment;
34	34	9. In the event of conviction where death or any
35	35	punishment is assessed that the defendant be sentenced to death, a
36	36	term of confinement or community supervision, or to pay a fine, as
37	37	the case may be;
38	38	10. In the event of conviction where the imposition of
39	39	sentence is suspended and the defendant is placed on community
40	40	supervision, setting forth the punishment assessed, the length of
41	41	community supervision, and the conditions of community
42	42	supervision;
43	43	11. In the event of acquittal that the defendant be
44	44	discharged;
45	45	12. The county and court in which the case was tried
46	46	and, if there was a change of venue in the case, the name of the
47	47	county in which the prosecution was originated;
48	48	13. The offense or offenses for which the defendant
49	49	was convicted;
50	50	14. The date of the offense or offenses and degree of
51	51	offense for which the defendant was convicted;
52	52	15. The term of sentence;
53	53	16. The date judgment is entered;
54	54	17. The date sentence is imposed;
55	55	18. The date sentence is to commence and any credit for
56	56	time served;
57	57	19. The terms of any order entered pursuant to Article
58	58	42.08 of this code that the defendant's sentence is to run
59	59	cumulatively or concurrently with another sentence or sentences;
60	60	20. The terms of any plea bargain;
61	61	21. Affirmative findings entered pursuant to
62	62	Subdivision (2) of Subsection (a) of Section 3g of Article 42.12 of
63	63	this code;
64	64	22. The terms of any fee payment ordered under Article
65	65	42.151 of this code;
66	66	23. The defendant's thumbprint taken in accordance
67	67	with Article 38.33 of this code;
68	68	24. In the event that the judge orders the defendant to
69	69	repay a reward or part of a reward under Articles 37.073 and 42.152
70	70	of this code, a statement of the amount of the payment or payments
71	71	required to be made;
72	72	25. In the event that the court orders restitution to
73	73	be paid to the victim, a statement of the amount of restitution
74	74	ordered and:
75	75	(A) the name and address of a person or agency
76	76	that will accept and forward restitution payments to the victim
77	77	[and the permanent mailing address of the victim at the time of the
78	78	judgment]; or
79	79	(B) if the court specifically elects to have
80	80	payments made directly to the crime victim, [determines that the
81	81	inclusion of] the [victim's] name and permanent address [in the
82	82	judgment is not in the best interest] of the victim at the time of
83	83	judgment [, the name and address of a person or agency that will
84	84	accept and forward restitution payments to the victim];
85	85	26. In the event that a presentence investigation is
86	86	required by Section 9(a), (b), (h), or (i), Article 42.12 of this
87	87	code, a statement that the presentence investigation was done
88	88	according to the applicable provision;
89	89	27. In the event of conviction of an offense for which
90	90	registration as a sex offender is required under Chapter 62, a
91	91	statement that the registration requirement of that chapter applies
92	92	to the defendant and a statement of the age of the victim of the
93	93	offense;
94	94	28. The defendant's state identification number
95	95	required by Section 60.052(a)(2), if that number has been assigned
96	96	at the time of the judgment; and
97	97	29. The incident number required by Section
98	98	60.052(a)(4), if that number has been assigned at the time of the
99	99	judgment.
100	100	SECTION 2. Article 42.037(g), Code of Criminal Procedure,
101	101	is amended to read as follows:
102	102	(g)(1) The court may require a defendant to make restitution
103	103	under this article within a specified period or in specified
104	104	installments. If the court requires the defendant to make
105	105	restitution in specified installments, in addition to the
106	106	installment payments, the court may require the defendant to pay a
107	107	one-time restitution fee of $12, $6 of which the court shall retain
108	108	for costs incurred in collecting the specified installments and $6
109	109	of which the court shall order to be paid to the compensation to
110	110	victims of crime fund.
111	111	(2) The end of the period or the last installment may
112	112	not be later than:
113	113	(A) the end of the period of probation, if
114	114	probation is ordered;
115	115	(B) five years after the end of the term of
116	116	imprisonment imposed, if the court does not order probation; or
117	117	(C) five years after the date of sentencing in
118	118	any other case.
119	119	(3) If the court does not provide otherwise, the
120	120	defendant shall make restitution immediately.
121	121	(4) Except as provided by Subsection (n), the order of
122	122	restitution must require the defendant to: (i) make restitution
123	123	directly to the person or agency that will accept and forward
124	124	restitution payments to the victim or other person eligible for
125	125	restitution under this article, including the compensation to
126	126	victims of crime fund; (ii) make restitution directly to the
127	127	victim or other person eligible for restitution under this article,
128	128	including the compensation to victims of crime fund; [,] or (iii)
129	129	[to] deliver the amount or property due as restitution to a
130	130	community supervision and corrections department for transfer to
131	131	the victim or person.
132	132	SECTION 3. This Act takes effect September 1, 2009.
133	133	______________________________ ______________________________
134	134	President of the Senate Speaker of the House
135	135	I certify that H.B. No. 4464 was passed by the House on April
136	136	30, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not
137	137	voting.
138	138	______________________________
139	139	Chief Clerk of the House
140	140	I certify that H.B. No. 4464 was passed by the Senate on May
141	141	26, 2009, by the following vote: Yeas 31, Nays 0.
142	142	______________________________
143	143	Secretary of the Senate
144	144	APPROVED: _____________________
145	145	Date
146	146	_____________________
147	147	Governor