HBA-AMW H.B. 355 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 355
By: Ellis, Dan
Criminal Jurisprudence
4/12/2001
Introduced



BACKGROUND AND PURPOSE 

Although a court is authorized to order a defendant to make restitution to
a victim of an offense,  current law does not authorize a court to order a
defendant to pay interest on the restitution.  Requiring a defendant to pay
interest on restitution may compensate victims in a more equitable manner
and  provide a financial incentive for the defendant to pay the restitution
off early.  House Bill 355 authorizes a sentencing court to order a
defendant required to make restitution to pay interest on the restitution. 

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. 

ANALYSIS

House Bill 355 amends the Code of Criminal Procedure to authorize a
sentencing court to order a defendant to pay interest on restitution.  The
bill provides that the interest accrues at the same rate as the accrual of
postjudgment interest in civil cases, beginning on the date the order of
restitution is issued and ending on the date the full amount of restitution
is paid. 

EFFECTIVE DATE

September 1, 2001.