| 1 | 1 | | By: Metcalf H.B. No. 3636 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to the payment of restitution by a person released on |
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| 9 | 9 | | parole or to mandatory supervision. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Article 42.037, Code of Criminal Procedure, is |
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| 12 | 12 | | amended by adding Subsection (y) to read as follows: |
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| 13 | 13 | | (y) If a victim who is entitled to restitution does not make |
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| 14 | 14 | | a claim for payment before the third anniversary of the date the |
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| 15 | 15 | | clerk of the court receives the initial restitution payment or if, |
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| 16 | 16 | | after the victim makes a claim for payment, the clerk is unable to |
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| 17 | 17 | | locate the victim for a period of three years after the date the |
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| 18 | 18 | | clerk last made a payment to the victim, any unclaimed restitution |
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| 19 | 19 | | payments being held by the clerk for payment to the victim shall be |
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| 20 | 20 | | transferred to the compensation to victims of crimes fund. |
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| 21 | 21 | | SECTION 2. Section 493.035, Government Code, is amended by |
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| 22 | 22 | | adding Subsections (e), (f), and (g) to read as follows: |
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| 23 | 23 | | (e) If the department transfers a restitution payment to a |
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| 24 | 24 | | county, the department shall include the last known address of the |
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| 25 | 25 | | victim. |
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| 26 | 26 | | (f) The department transferring a restitution payment to |
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| 27 | 27 | | the clerk shall include a history of past payments made to the |
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| 28 | 28 | | victim by the department to include the following: |
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| 29 | 29 | | (1) the date each payment was made; |
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| 30 | 30 | | (2) the amount of each payment; |
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| 31 | 31 | | (3) the address each payment was sent to; and |
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| 32 | 32 | | (4) the ending balance of payments made to the victim |
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| 33 | 33 | | during the departments collection period. |
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| 34 | 34 | | (g) Information provided to a clerk of the court under |
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| 35 | 35 | | Subsections (e) and (f) is confidential and not subject to public |
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| 36 | 36 | | disclosure under Chapter 552. |
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| 37 | 37 | | SECTION 3. Sections 508.322, Government Code, are amended |
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| 38 | 38 | | by amending Subsections (c) and (e) and adding Subsection (c-3) to |
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| 39 | 39 | | read as follows: |
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| 40 | 40 | | (c) When a parole panel orders the payment of restitution |
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| 41 | 41 | | from a releasee as provided by Article 42.037(h), Code of Criminal |
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| 42 | 42 | | Procedure, the department shall: |
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| 43 | 43 | | (1) collect the payment for disbursement to the |
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| 44 | 44 | | victim; |
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| 45 | 45 | | (2) deposit the payment in the releasee restitution |
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| 46 | 46 | | fund; and |
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| 47 | 47 | | (3) transmit the payment, a payment history described |
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| 48 | 48 | | by 493.035(f), and the last known address of the victim to the clerk |
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| 49 | 49 | | of the court that entered the order of restitution as soon as |
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| 50 | 50 | | practicable for the clerk to remit the payment to the victim. |
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| 51 | 51 | | (c-3) Information provided to a clerk of the court under |
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| 52 | 52 | | Subsection (c)(3) is confidential and not subject to public |
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| 53 | 53 | | disclosure under Chapter 552. |
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| 54 | 54 | | (e) If a victim who is entitled to restitution does not make |
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| 55 | 55 | | a claim for payment before the third [fifth] anniversary of the date |
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| 56 | 56 | | the clerk of the court receives the initial restitution payment or |
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| 57 | 57 | | if, after the victim makes a claim for payment, the clerk is unable |
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| 58 | 58 | | to locate the victim for a period of three [five] years after the |
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| 59 | 59 | | date the clerk last made a payment to the victim, any unclaimed |
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| 60 | 60 | | restitution payments being held by the clerk for payment to the |
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| 61 | 61 | | victim shall be transferred to the compensation to victims of |
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| 62 | 62 | | crimes fund [are presumed abandoned. The clerk of the court shall |
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| 63 | 63 | | report and deliver to the comptroller all unclaimed restitution |
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| 64 | 64 | | payments presumed abandoned under this section in the manner |
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| 65 | 65 | | provided by Chapter 77, Property Code]. |
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| 66 | 66 | | SECTION 2. This Act takes effect September 1, 2025. |
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