HBA-ATS, MPA, BTC H.B. 302 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 302 By: Wise Criminal Jurisprudence 6/3/1999 Enrolled BACKGROUND AND PURPOSE State court judges usually have authority to require the convicted defendant to make restitution to victims of crime. Prior to the 76th Legislature, there were no special provisions pertaining to restitution in cases involving the kidnapping or abduction of children. H.B. 302 requires a judge to impose restitution for the costs of such a victim's rehabilitation at the sentencing or disposition hearing, to specify the method of payment, and authorize the court to issue a contempt order for offenders who fail to meet the conditions of the restitution order, and to convert the restitution order into a civil judgment. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 42, Code of Criminal Procedure, by adding Article 42.0371, as follows: Art. 42.0371. MANDATORY RESTITUTION FOR KIDNAPPED OR ABDUCTED CHILDREN. Requires the court to order a defendant convicted of an offense under Chapter 20 (Kidnapping and Unlawful Restraint), Penal Code, or Section 25.03 (Interference with Child Custody), 25.031 (Agreement to Abduct from Custody), or 25.04 (Enticing a Child), Penal Code, to pay restitution in an amount equal to the cost of necessary rehabilitation, inclusive of medical, psychiatric, and psychological treatment, for victims younger than 17 years of age. Requires the court to specify in the restitution order the manner of payment. Authorizes the state or a victim named in the restitution order to enforce a restitution order in the same manner as a civil action judgment. Authorizes the court to hold a hearing, make findings of fact, and amend an order issued under this section if the defendant does not pay the victim named in the order in the manner specified by the court. SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.