85(R) HB 1866 - Introduced version - Texas

By:AAGeren

H.B.ANo.A1866

A BILL TO BE ENTITLED

1

AN ACT

2 relating to compensation and restitution to crime victims and the

3 disposition of unclaimed restitution payments; providing for an

4 administrative penalty.

5

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

6

SECTIONA1.AAArticle 56.34(f), Code of Criminal Procedure, is

7 amended to read as follows:

8

(f)AAThe compensation to victims of crime fund is [and the

9 compensation to victims of crime auxiliary fund are] the payer

10 [payers] of last resort.

11

SECTIONA2.AAArticles 56.54(a), (d), (f), and (g), Code of

12 Criminal Procedure, are amended to read as follows:

13

(a)AAThe compensation to victims of crime fund is [and the

14 compensation to victims of crime auxiliary fund are] in the state

15 treasury.

16

(d)AAThe attorney general may not make compensation payments

17 in excess of the amount of money available in the compensation to

18 victims of crime fund [from the combined funds].

19

(f)AAThe office of the attorney general is authorized to

20 accept gifts, grants, and donations to be credited to the

21 compensation to victims of crime fund [and compensation to victims

22 of crime auxiliary fund] and shall file annually with the governor

23 and the presiding officer of each house of the legislature a

24 complete and detailed written report accounting for all gifts,

85R9874 AJA-F

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H.B.ANo.A1866

1 grants, and donations received and disbursed, used, or maintained

2 by the office for the attorney general that are credited to the fund

3 [these funds].

4

(g)AAMoney in the compensation to victims of crime fund [or

5 in the compensation to victims of crime auxiliary fund] may be used

6 only as provided by this subchapter and is not available for any

7 other purpose. Section 403.095, Government Code, does not apply to

8 the fund.

9

SECTIONA3.AASection 76.013, Government Code, is amended by

10 amending Subsections (a), (b), and (c) and adding Subsections

11 (b-1), (b-2), and (b-3) to read as follows:

12

(a)AAIf a judge requires a defendant to make restitution to a

13 victim of the defendant 's offense, and a restitution payment is

14 received by a department from the defendant for transmittal to a

15 victim of the offense, the department [that receives the payment

16 for disbursement to the victim] shall immediately deposit the

17 payment in an interest-bearing account in the county treasury as

18 required by Section 140.003(f), Local Government Code.

19

(b)AAIf a department receives an initial restitution payment

20 [is received by a department], the department shall immediately

21 [shall] notify the victim [of that fact] by certified mail, mailed

22 to the last known address of the victim, that the restitution

23 payment has been received and shall inform the victim of how a claim

24 for payment of restitution can be made. [If a victim then makes a

25 claim for payment, the department promptly shall remit the payment

26 to the victim. A department is obligated to make a good faith

27 effort to locate and notify a victim that an unclaimed payment

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H.B.ANo.A1866

1 exists. The department satisfies the good faith requirement under

2 this subsection by sending to the victim by certified mail on any

3 one occasion during the period the defendant is required to make

4 payments a notice that the victim is entitled to an unclaimed

5 payment. Not earlier than the fifth anniversary of the date on

6 which the department mails notice under this subsection, if the

7 victim has not made a claim for payment, the department shall

8 transfer from the interest-bearing account to the comptroller all

9 payments received. After making an initial transfer of payments to

10 the comptroller under this subsection, the department, not later

11 than the 121st day after the date the department receives a

12 subsequent payment, shall transfer the subsequent payment to the

13 comptroller. The department shall deduct five percent of the

14 payment or subsequent payment as a collection fee and deduct any

15 interest accrued on the payment or subsequent payment before

16 transferring the payment to the comptroller under this subsection.

17 The comptroller shall deposit the payment in the state treasury to

18 the credit of the compensation to victims of crime auxiliary fund.]

19

(b-1)AAIf a victim makes a claim for payment of restitution

20 with the department, the department shall promptly remit to the

21 victim all restitution payments received by the department from the

22 defendant for transmittal to the victim.

23

(b-2)AAIf a victim who is entitled to restitution does not

24 make a claim for payment before the fifth anniversary of the date

25 the department receives the initial restitution payment or if,

26 after the victim makes a claim for payment, the department is unable

27 to locate the victim for a period of five years after the date the

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H.B.ANo.A1866

1 department last made a payment to the victim, any unclaimed

2 restitution payments being held by the department for payment to

3 the victim are presumed abandoned. The department shall report and

4 deliver to the comptroller all unclaimed restitution payments

5 presumed abandoned under this section, less a collection fee of one

6 and one-half percent, in the manner provided by Chapter 77,

7 Property Code.

8

(b-3)AAIf on March 1 a department is not holding unclaimed

9 restitution payments that are presumed abandoned under this

10 section, the department shall file a property report under Section

11 77.051, Property Code, that certifies that the department is not

12 holding any unclaimed restitution payments that are presumed

13 abandoned under this section.

14

(c)AAThe collection fee under Subsection (b-2) [(b)] and the

15 accrued interest under Subsection [Subsections] (a) [and (b)] shall

16 be deposited in the special fund of the county treasury provided by

17 Section 509.011 to be used for the same purposes for which state aid

18 may be used under that section. [The department has a maximum of

19 121 days after the five-year expiration date to transfer the funds

20 to the comptroller 's office. Failure to comply with the 121-day

21 deadline will result in a five percent collection fee penalty

22 calculated from the total deposit and all interest attributable to

23 the unclaimed funds.]

24

SECTIONA4.AASection 508.322, Government Code, is amended by

25 amending Subsection (e) and adding Subsection (f) to read as

26 follows:

27

(e)AAIf a victim who is entitled to restitution does not make

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H.B.ANo.A1866

1 a claim for payment before the fifth anniversary of the date the

2 department receives the initial restitution payment or if, after

3 the victim makes a claim for payment, the department is unable to

4 locate the victim for a period of five years after the date the

5 department last made a payment to the victim, any unclaimed

6 restitution payments being held by the department for payment to

7 the victim are presumed abandoned. The department shall report and

8 deliver to the comptroller all unclaimed restitution payments

9 presumed abandoned under this section in the manner provided by

10 Chapter 77, Property Code [Money that remains unclaimed shall be

11 transferred to the compensation to victims of crime auxiliary fund

12 on the fifth anniversary of the date the money was deposited to the

13 credit of the releasee restitution fund].

14

(f)AAIf on March 1 a department is not holding unclaimed

15 restitution payments that are presumed abandoned under this

16 section, the department shall file a property report under Section

17 77.051, Property Code, that certifies that the department is not

18 holding any unclaimed restitution payments that are presumed

19 abandoned under this section.

20

SECTIONA5.AATitle 6, Property Code, is amended by adding

21 Chapter 77 to read as follows:

22

CHAPTER 77. REPORT, DELIVERY, AND CLAIMS PROCESS FOR

23

UNCLAIMEDARESTITUTION PAYMENTS

24

SUBCHAPTER A. APPLICABILITY

25

Sec.A77.001.AAAPPLICABILITY.

This chapter applies to

26 unclaimed restitution payments that are presumed abandoned under

27 Section 76.013 or 508.322, Government Code.

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