| 2 | + | (In the Senate - Filed February 27, 2025; March 11, 2025, |
|---|
| 3 | + | read first time and referred to Committee on Business & Commerce; |
|---|
| 4 | + | March 20, 2025, rereferred to Criminal Justice; April 23, 2025, |
|---|
| 5 | + | reported adversely, with favorable Committee Substitute by the |
|---|
| 6 | + | following vote: Yeas 6, Nays 0; April 23, 2025, sent to printer.) |
|---|
| 7 | + | Click here to see the committee vote |
|---|
| 8 | + | COMMITTEE SUBSTITUTE FOR S.B. No. 1666 By: Hagenbuch |
|---|
| 2 | 9 | | |
|---|
| 3 | 10 | | |
|---|
| 4 | 11 | | |
|---|
| 5 | 12 | | |
|---|
| 6 | 13 | | A BILL TO BE ENTITLED |
|---|
| 7 | 14 | | AN ACT |
|---|
| 8 | 15 | | relating to the payment of restitution. |
|---|
| 9 | 16 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 17 | | SECTION 1. Section 493.035, Government Code, is amended by |
|---|
| 11 | 18 | | adding Subsections (c-1), (c-2), and (c-3) to read as follows: |
|---|
| 12 | 19 | | (c-1) The department shall transfer to the clerk of the |
|---|
| 13 | 20 | | court that entered an order of restitution for which the department |
|---|
| 14 | 21 | | received notice as described by Subsection (c)(1) a restitution |
|---|
| 15 | 22 | | payment derived from unclaimed property for which a claim was filed |
|---|
| 16 | 23 | | by the department as described by Subsection (a). The department |
|---|
| 17 | 24 | | shall include with the restitution payment the last known address |
|---|
| 18 | 25 | | of the victim available to the department, if any. |
|---|
| 19 | 26 | | (c-2) The department shall post on the department's |
|---|
| 20 | 27 | | Internet website the contact information for a department employee |
|---|
| 21 | 28 | | who is able to respond to inquiries from county officials regarding |
|---|
| 22 | 29 | | a transferred restitution payment. |
|---|
| 23 | 30 | | (c-3) Information provided to the clerk of a court under |
|---|
| 24 | 31 | | Subsection (c-1) is confidential and not subject to disclosure |
|---|
| 25 | 32 | | under Chapter 552. |
|---|
| 26 | 33 | | SECTION 2. Section 508.322, Government Code, is amended by |
|---|
| 27 | 34 | | amending Subsections (c) and (e) and adding Subsection (c-3) to |
|---|
| 28 | 35 | | read as follows: |
|---|
| 29 | 36 | | (c) When a parole panel orders the payment of restitution |
|---|
| 30 | 37 | | from a releasee as provided by Article 42.037(h), Code of Criminal |
|---|
| 31 | 38 | | Procedure, the department shall: |
|---|
| 32 | 39 | | (1) collect the payment for disbursement to the |
|---|
| 33 | 40 | | victim; |
|---|
| 34 | 41 | | (2) deposit the payment in the releasee restitution |
|---|
| 35 | 42 | | fund; [and] |
|---|
| 36 | 43 | | (3) transmit the payment to the clerk of the court that |
|---|
| 37 | 44 | | entered the order of restitution as soon as practicable for the |
|---|
| 38 | 45 | | clerk to remit the payment to the victim; and |
|---|
| 39 | 46 | | (4) provide at the time the payment is transmitted |
|---|
| 40 | 47 | | under Subdivision (3) to the clerk of the court that entered the |
|---|
| 41 | 48 | | order of restitution the last known address of the victim available |
|---|
| 42 | 49 | | to the department, if any. |
|---|
| 43 | 50 | | (c-3) Information provided to the clerk of a court under |
|---|
| 44 | 51 | | Subsection (c)(4) is confidential and not subject to disclosure |
|---|
| 45 | 52 | | under Chapter 552. |
|---|
| 46 | 53 | | (e) If a victim who is entitled to restitution does not make |
|---|
| 47 | 54 | | a claim for payment before the third [fifth] anniversary of the date |
|---|
| 48 | 55 | | the clerk of the court receives the initial restitution payment or |
|---|
| 49 | 56 | | if, after the victim makes a claim for payment, the clerk is unable |
|---|
| 50 | 57 | | to locate the victim for a period of three [five] years after the |
|---|
| 51 | 58 | | date the clerk last made a payment to the victim, any unclaimed |
|---|
| 52 | 59 | | restitution payments being held by the clerk for payment to the |
|---|
| 53 | 60 | | victim are presumed abandoned. The clerk of the court shall report |
|---|
| 54 | 61 | | and deliver to the comptroller all unclaimed restitution payments |
|---|
| 55 | 62 | | presumed abandoned under this section in the manner provided by |
|---|
| 56 | 63 | | Chapter 77, Property Code. |
|---|
| 57 | 64 | | SECTION 3. This Act takes effect September 1, 2025. |
|---|