| 1 | 1 | | By: Carona S.B. No. 411 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to a restitution lien for the state to secure fines or |
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| 7 | 7 | | costs in a misdemeanor case. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subsection (b), Section 2, Article 42.22, Code |
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| 10 | 10 | | of Criminal Procedure, is amended to read as follows: |
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| 11 | 11 | | (b) The state also has a restitution lien to secure the |
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| 12 | 12 | | amount of: |
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| 13 | 13 | | (1) [amount of] fines or costs entered against a |
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| 14 | 14 | | defendant in the judgment in a felony or misdemeanor criminal case; |
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| 15 | 15 | | (2) [amount of] reimbursement for costs of: |
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| 16 | 16 | | (A) confinement ordered under Article 42.038; or |
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| 17 | 17 | | (B) notice provided under Article 62.056 or |
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| 18 | 18 | | 62.201; and |
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| 19 | 19 | | (3) [amount of] damages incurred by the state as a |
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| 20 | 20 | | result of the commission of an offense under Section 38.04, Penal |
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| 21 | 21 | | Code, in which the defendant used a motor vehicle while the |
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| 22 | 22 | | defendant was in flight. |
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| 23 | 23 | | SECTION 2. The change in law made by this Act applies only |
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| 24 | 24 | | to a judgment in a criminal case for an offense committed on or |
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| 25 | 25 | | after the effective date of this Act. A judgment in a criminal case |
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| 26 | 26 | | for an offense committed before the effective date of this Act is |
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| 27 | 27 | | governed by the law in effect when the offense was committed, and |
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| 28 | 28 | | the former law is continued in effect for that purpose. For |
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| 29 | 29 | | purposes of this section, an offense was committed before the |
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| 30 | 30 | | effective date of this Act if any element of the offense occurred |
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| 31 | 31 | | before that date. |
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| 32 | 32 | | SECTION 3. This Act takes effect September 1, 2009. |
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