| 1 | 1 | | 88R7092 EAS-D |
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| 2 | 2 | | By: Parker S.B. No. 1391 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to restitution payments made to certain victims of theft. |
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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. Article 42.037, Code of Criminal Procedure, is |
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| 10 | 10 | | amended by adding Subsection (d-1) to read as follows: |
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| 11 | 11 | | (d-1) Notwithstanding any other law, if the court orders |
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| 12 | 12 | | restitution under this article to be made to a victim of an offense |
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| 13 | 13 | | under Section 31.03, Penal Code, and the court determines that the |
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| 14 | 14 | | defendant committed the offense solely as a victim of an offense |
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| 15 | 15 | | under Section 20A.02 or 20A.03, Penal Code, the court shall order |
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| 16 | 16 | | the restitution to be paid from the compensation to victims of crime |
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| 17 | 17 | | fund established under Subchapter J, Chapter 56B. The court may not |
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| 18 | 18 | | order the defendant to make restitution to the victim or to |
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| 19 | 19 | | reimburse the compensation to victims of crime fund for any amount |
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| 20 | 20 | | paid under this subsection. |
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| 21 | 21 | | SECTION 2. Article 56B.453, Code of Criminal Procedure, is |
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| 22 | 22 | | amended by adding Subsection (e) to read as follows: |
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| 23 | 23 | | (e) The attorney general shall use the fund to pay |
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| 24 | 24 | | court-ordered restitution as required by Article 42.037(d-1) to a |
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| 25 | 25 | | victim of an offense under Section 31.03, Penal Code, if the |
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| 26 | 26 | | defendant committed the offense solely as a victim of an offense |
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| 27 | 27 | | under Section 20A.02 or 20A.03, Penal Code. |
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| 28 | 28 | | SECTION 3. The change in law made by this Act applies only |
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| 29 | 29 | | to an offense committed on or after the effective date of this |
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| 30 | 30 | | Act. An offense committed before the effective date of this Act is |
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| 31 | 31 | | governed by the law in effect on the date the offense was committed, |
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| 32 | 32 | | and the former law is continued in effect for that purpose. For |
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| 33 | 33 | | purposes of this section, an offense was committed before the |
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| 34 | 34 | | effective date of this Act if any element of the offense occurred |
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| 35 | 35 | | before that date. |
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| 36 | 36 | | SECTION 4. This Act takes effect September 1, 2023. |
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