82R2015 AJZ-D
By: Huffman S.B. No. 306
A BILL TO BE ENTITLED
AN ACT
relating to the filing of an affidavit to perfect a restitution lien
in a criminal case.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 5, Article 42.22, Code of Criminal
Procedure, is amended to read as follows:
Sec. 5. PERSONS WHO MAY FILE. (a) In a criminal case in
which a defendant is ordered to pay fines or costs, the attorney
representing the state [The following persons] may file an
affidavit to perfect a restitution lien[:
[(1) the attorney representing the state in a criminal
case in which a victim is determined by the court to be entitled to
restitution or in which a defendant is ordered to pay fines or
costs; or
[(2) a victim in a criminal case determined by the
court to be entitled to restitution].
(b) In a criminal case in which a victim is determined by the
court to be entitled to restitution, the clerk of the court, not
later than the 30th day after the date the court enters the order to
make restitution, shall file an affidavit to perfect a restitution
lien.
SECTION 2. This Act takes effect September 1, 2011.