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.