Texas 2023 - 88th Regular

Texas House Bill HB3603 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 3603
2	2
3	3
4	4	AN ACT
5	5	relating to the payment of restitution by a person released on
6	6	parole or to mandatory supervision.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 508.322, Government Code, is amended by
9	9	amending Subsections (c), (d), (e), and (f) and adding Subsections
10	10	(c-1) and (c-2) to read as follows:
11	11	(c) When a parole panel orders the payment of restitution
12	12	from a releasee as provided by Article 42.037(h), Code of Criminal
13	13	Procedure, the department shall:
14	14	(1) collect the payment for disbursement to the
15	15	victim;
16	16	(2) deposit the payment in the releasee restitution
17	17	fund; and
18	18	(3) transmit the payment to the clerk of the court that
19	19	entered the order of restitution [to the victim] as soon as
20	20	practicable for the clerk to remit the payment to the victim.
21	21	(c-1) The department shall include the releasee's name and
22	22	other relevant identifying information, the cause number, and the
23	23	payment amount when transmitting a payment to the clerk of the court
24	24	under Subsection (c)(3).
25	25	(c-2) On receipt of a payment transmitted to the clerk of
26	26	the court under Subsection (c)(3), the clerk shall process and
27	27	account for the payment in the same manner as if the payment had
28	28	been made directly to the clerk.
29	29	(d) If a victim who is entitled to restitution cannot be
30	30	located, immediately after receiving a final payment in
31	31	satisfaction of an order of restitution for the victim, the clerk of
32	32	the court [department] shall attempt to notify the victim of that
33	33	fact by certified mail, mailed to the last known address of the
34	34	victim. If a victim then makes a claim for payment, the clerk of
35	35	the court [department] promptly shall remit the payment to the
36	36	victim.
37	37	(e) If a victim who is entitled to restitution does not make
38	38	a claim for payment before the fifth anniversary of the date the
39	39	clerk of the court [department] receives the initial restitution
40	40	payment or if, after the victim makes a claim for payment, the clerk
41	41	[department] is unable to locate the victim for a period of five
42	42	years after the date the clerk [department] last made a payment to
43	43	the victim, any unclaimed restitution payments being held by the
44	44	clerk [department] for payment to the victim are presumed
45	45	abandoned. The clerk of the court [department] shall report and
46	46	deliver to the comptroller all unclaimed restitution payments
47	47	presumed abandoned under this section in the manner provided by
48	48	Chapter 77, Property Code.
49	49	(f) If on March 1 a clerk of the court [department] is not
50	50	holding unclaimed restitution payments that are presumed abandoned
51	51	under this section, the clerk [department] shall file a property
52	52	report under Section 77.051, Property Code, that certifies that the
53	53	clerk [department] is not holding any unclaimed restitution
54	54	payments that are presumed abandoned under this section.
55	55	SECTION 2. This Act takes effect December 1, 2023.
56	56	______________________________ ______________________________
57	57	President of the Senate Speaker of the House
58	58	I certify that H.B. No. 3603 was passed by the House on May
59	59	11, 2023, by the following vote: Yeas 140, Nays 5, 1 present, not
60	60	voting.
61	61	______________________________
62	62	Chief Clerk of the House
63	63	I certify that H.B. No. 3603 was passed by the Senate on May
64	64	24, 2023, by the following vote: Yeas 31, Nays 0.
65	65	______________________________
66	66	Secretary of the Senate
67	67	APPROVED: _____________________
68	68	Date
69	69	_____________________
70	70	Governor