1655), Sec. The standard of proof is a preponderance of the evidence. The clerk receiving a payment from a defendant ordered to pay restitution shall make payments to the person having an interest in the restitution lien on a schedule of not less than quarterly payments as determined by the clerk or agency. 359, Sec. 770 (H.B.
(c) In this article, "sexual preference" has the following meaning only: a preference for heterosexuality, homosexuality, or bisexuality. September 1, 2011. June 18, 1990; Subsec. Sept. 1, 1995; Subsec. 1), Sec. Sec. 611, Sec. 406, Sec. 4170), Sec. 13, eff. (3) to pay a specified portion of the fine and costs at designated intervals. 3, eff. 1969), Sec.
Added by Acts 2009, 81st Leg., R.S., Ch. 5.03, eff. 6. (a) In this article, "family violence" has the meaning assigned by Section 71.004, Family Code. September 1, 2005. The campaign is to be implemented in the areas covered by the programs. (c) If a defendant has been convicted in two or more cases and the court suspends the imposition of the sentence in one of the cases, the court may not order a sentence of confinement to commence on the completion of a suspended sentence for an offense. 8(h) added by Acts 1989, 71st Leg., ch. 1, eff. 5.03, eff. The only reasons which can be shown, on account of which sentence cannot be pronounced, are: 1.
Sept. 1, 2001; Sec. Amended by Acts 1985, 69th Leg., ch. 8), Sec. Sept. 1, 1999; Sec. Sec. A governmental entity or nonprofit organization that accepts a defendant under this section to perform community service must agree to supervise the defendant in the performance of the defendant's work and report on the defendant's work to the community supervision and corrections department or court-related services office. Sec. 29, Sec. Acts 2011, 82nd Leg., R.S., Ch. If a defendant fails to timely make a payment required by the order of the court entering the judgment creating the restitution lien, the person having an interest in the lien may file suit in a court of competent jurisdiction to foreclose the lien. (10) before adopting program guidelines under Section 4A: (A) notify the licensing authorities described by Chapters 152, 501, 502, 503, and 505, Occupations Code, that the division is considering adopting program guidelines; and.
4.12, eff. 18, eff. September 1, 2019. 165, Sec. This article does not apply to a misdemeanor case disposed of under Subchapter B, Chapter 543, Transportation Code, or a serious traffic violation as defined by Section 522.003, Transportation Code. (c) A defendant sentenced under this article who would otherwise be sentenced to confinement in jail may earn good conduct credit in the same manner as provided by Article 42.032 of this code, but only while actually confined. 141, Sec. In addition to the information described by Section 1 of this article, the judgment should reflect affirmative findings entered pursuant to Article 42.013 of this code. June 15, 2007. Art. 21.001(9), eff. (a) In the trial of an offense described by Section 810.004, Government Code, the judge shall make an affirmative finding of fact and enter the affirmative finding in the judgment in the case if the judge determines that the defendant is: (1) a member of the employee class described by Section 810.004(b)(1), Government Code, while a member of the Employees Retirement System of Texas because the person serves as a corrections officer for the Texas Department of Criminal Justice or the Texas Juvenile Justice Department; or. Art. In the trial of an offense under Section 21.11 or 22.011, Penal Code, the judge shall make an affirmative finding of fact and enter the affirmative finding in the judgment in the case if the judge determines that: (1) at the time of the offense, the defendant was not more than four years older than the victim or intended victim and the victim or intended victim was at least 15 years of age; and. (1) be situated in a county in which a shelter center is located; (2) offer counseling or treatment in which the primary approach is direct intervention with the batterer, on an individual or group basis, but that does not require the victim of the family violence to participate in the counseling or treatment; (3) offer training to law enforcement prosecutors, judges, probation officers, and others on the dynamics of family violence, treatment options, and program activities; and. 586, Sec. In the trial of a felony offense, if the defendant is adjudged guilty of the offense, the court shall: (1) make an affirmative finding that the person has been found guilty of a felony and enter the affirmative finding in the judgment of the case; and. September 1, 2017. Acts 2005, 79th Leg., Ch.
(d) If the sheriff does not find employment for a defendant who would otherwise be sentenced to imprisonment in the department, the sheriff shall: (1) transfer the defendant to the sheriff of a county who agrees to accept the defendant as a participant in the county jail work release program; or. 76, Sec. (h) amended by Acts 2001, 77th Leg., ch. 15. 3, eff. 4), Sec. Sec. Sept. 1, 1985; Sec. 1420, Sec. 722. 1678), Sec.
(5) "Shelter center" has the meaning assigned by Section 51.002, Human Resources Code.
4. September 1, 2021. 5. (d) The correctional institutions division of the Texas Department of Criminal Justice shall make documents received under Subsections (a) and (c) available to the parole division on the request of the parole division and shall, on release of a defendant on parole or to mandatory supervision, immediately provide the parole division with copies of documents received under Subsection (a). (e) The court shall impose an order of restitution that is as fair as possible to the victim or to the compensation to victims of crime fund, as applicable. 469 (H.B. This subsection applies only if appropriate officers of the federal government consent to the transfer of the defendant into federal custody under the circumstances described by this subsection. 42.18 by Acts 1987, 70th Leg., ch.
Art. COMMENCEMENT OF SENTENCE; STATUS DURING APPEAL; PEN PACKET. June 19, 2009. 1303), Sec. (g) If the presiding judge of the administrative judicial region in which the county is located determines that the county sheriff is unable to perform the duties required by Subsection (f) of this section, the presiding judge may impose those duties on: (2) the prosecutor of each district court in the county.
1, eff. 22.001(7), eff. The court reporter may not transcribe the statement.
Renumbered from Vernon's Ann. 221), Sec. (e) A court may revoke a defendant's participation in an electronic monitoring program and require the defendant to serve the remainder of the defendant's sentence of confinement in county jail if the defendant violates a condition imposed by a court under this article, including a condition requiring the defendant to pay for participating in the program under Subsection (c). Acts 2019, 86th Leg., R.S., Ch. (c) Inmates confined in an institution pursuant to this compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed therefrom for transfer to a prison or other institution within the sending state, for transfer to another institution in which the sending state may have a contractual or other right to confine inmates, for release on probation or parole, for discharge, or for any other purpose permitted by the laws of the sending state. (2) at the time of the offense, the defendant had knowledge or reason to know that the person younger than 15 years of age was physically present or occupied the same habitation or vehicle. (a-1) Notwithstanding any other provision of this article, during or immediately after imposing a sentence in a case in which the defendant entered a plea in open court as provided by Article 27.13, 27.14(a), or 27.16(a), a court shall inquire on the record whether the defendant has sufficient resources or income to immediately pay all or part of the fine and costs.
The division shall collect from each program or provider that applies for accreditation under this section a one-time application fee in an amount set by the Texas Department of Criminal Justice. Acts 2005, 79th Leg., Ch. Acts 2017, 85th Leg., R.S., Ch. 1, eff. (c) This section does not preclude a program from serving a batterer other than one who was ordered by a court to participate in the program established under this subchapter. Art.
Art. 2 amended by Acts 1999, 76th Leg., ch. Sept. 1, 1999. 1, eff. Acts 2007, 80th Leg., R.S., Ch. 641 (S.B. The money received by the court under this section may be used to pay the following expenses as directed by the court: (1) the support of the defendant's dependents, if necessary; (2) the defendant's documented personal, business, and travel expenses; (3) reimbursement of the general fund of the county for the maintenance of the defendant in jail; and. (B) invite the licensing authorities to comment on the program guidelines. Added by Acts 1995, 74th Leg., ch. 8 added by Acts 2001, 77th Leg., ch.
September 1, 2011.
Except as otherwise provided by Article 42A.106(b), the court after pronouncing the sentence shall inform the defendant of the defendant's right to petition the court for an order of nondisclosure of criminal history record information under Subchapter E-1, Chapter 411, Government Code, unless the defendant is ineligible to pursue that right because of the requirements that apply to obtaining the order in the defendant's circumstances, such as: (1) the nature of the offense for which the defendant is convicted; or. 2, p. 317, ch. (2) any other special circumstances that may affect the defendant's ability to pay, including child support obligations and including any financial responsibilities owed by the defendant to dependents or restitution payments owed by the defendant to a victim. 1, eff. January 1, 2017. FINDING REGARDING DILIGENT PARTICIPATION CREDIT. (B) if the court specifically elects to have payments made directly to the crime victim, the name and permanent address of the victim at the time of judgment; 26. Sec. 111, eff. (1) "Department" means the Texas Department of Motor Vehicles. With the assistance of the statewide nonprofit organization described by Section 3(1) and after notifying the licensing authorities described by Section 3(10), the division shall adopt guidelines for programs and shall accredit programs and providers providing battering intervention and prevention services as conforming to those guidelines. 700, Sec. 3, eff. Acts 2007, 80th Leg., R.S., Ch.
1154 (S.B. 900, Sec. 1, eff. Jan. 1, 1986; Sec. (a) Except as provided by this section, a restitution lien attaches and is perfected when an affidavit to perfect the lien is filed in accordance with this article. FINDING OF AGE OF VICTIM. January 1, 2020. 324 (S.B. Sept. 1, 2001; Sec. September 1, 2013. 1, eff. June 10, 2019. Sept. 1, 2003. September 1, 2011. Sec.
112, eff. 467 (H.B. 1, eff. 5.03, eff. January 1, 2020. 14, Sec. 1, eff.
(a) If jail time has been awarded to a person sentenced for a misdemeanor or sentenced to confinement in the county jail for a felony, the trial judge at the time of pronouncement of sentence or at any time while the defendant is serving the sentence, when in the judge's discretion the ends of justice would best be served, may require the defendant to serve an alternate term for the same period of time in the county jail work release program of the county in which the offense occurred, if the person is classified by the sheriff as a low-risk offender under the classification system developed by the Commission on Jail Standards under Section 511.009, Government Code. 3B.01, eff. The amount of restitution ordered shall be: (A) the aggregate wholesale value of the lawfully manufactured and authorized recordings corresponding to the number of nonconforming recordings involved in the offense; or, (B) the actual financial loss to the owner, lawful producer, or trade association; and. Art. September 1, 2009. 91, Sec. (3) the county clerk of the county in which: (b) The uniform fee for filing and indexing and for stamping a copy furnished by the state or victim to show the date and place of filing is $5. Amended by Acts 1981, 67th Leg., p. 809, ch. (B) a copy of the client supervision plan prepared for the defendant by the community supervision and corrections department supervising the defendant, if such a plan was prepared; (3) a written report that states the nature and the seriousness of each offense and that states the citation to the provision or provisions of the Penal Code or other law under which the defendant was convicted; (4) a copy of the victim impact statement, if one has been prepared in the case under Subchapter D, Chapter 56A; (5) a statement as to whether there was a change in venue in the case and, if so, the names of the county prosecuting the offense and the county in which the case was tried; (6) if requested, information regarding the criminal history of the defendant, including the defendant's state identification number if the number has been issued; (7) a copy of the indictment or information for each offense; (8) a checklist sent by the department to the county and completed by the county in a manner indicating that the documents required by this subsection and Subsection (c) accompany the defendant; (9) if prepared, a copy of a presentence or postsentence report prepared under Subchapter F, Chapter 42A; (10) a copy of any detainer, issued by an agency of the federal government, that is in the possession of the county and that has been placed on the defendant; (11) if prepared, a copy of the defendant's Texas Uniform Health Status Update Form; (12) a written description of a hold or warrant, issued by any other jurisdiction, that the county is aware of and that has been placed on or issued for the defendant; and. (h) Repealed by Acts 1995, 74th Leg., ch. September 1, 2019. January 1, 2017. When a treaty is in effect between the United States and a foreign country providing for the transfer of convicted offenders who are citizens or nationals of foreign countries to the foreign countries of which they are citizens or nationals, the governor is authorized, subject to the terms of such treaty, to act on behalf of the State of Texas and to consent to the transfer of such convicted offenders under the provisions of Article IV, Section 11 of the Constitution of the State of Texas. (3) "State" means the State of Texas and all political subdivisions thereof.
Sept. 1, 1997. 91 (S.B. 4173), Sec. Added by Acts 2015, 84th Leg., R.S., Ch. 8(a) amended by Acts 1991, 72nd Leg., 2nd C.S., ch. (n) added by Acts 1999, 76th Leg., ch.
SENTENCE WHEN APPEAL IS TAKEN. Acts 2015, 84th Leg., R.S., Ch. (d) The court, in determining whether to order reimbursement under this article, shall consider: (1) the defendant's employment status, earning ability, and financial resources; and. The defendant's sentence begins to run on the day it is pronounced, but with all credits, if any, allowed by Article 42.03. 785, Sec. 2.12, eff. 232, Sec. If a defendant convicted of a misdemeanor punishable by fine only appeals the conviction to a county court, on the trial in county court the defendant may enter a plea of guilty or nolo contendere to the offense. 1407 (S.B. 295, Sec. 659, Sec. Sept. 1, 1989. If a defendant convicted of a felony is sentenced to death or to life in the Texas Department of Criminal Justice or is ineligible for release on bail pending appeal under Article 44.04(b) and gives notice of appeal, the defendant shall be transferred to the department on a commitment pending a mandate from the court of appeals or the Court of Criminal Appeals. Sept. 1, 2003. 1633), Sec.
(e) The court may permit the defendant to seek employment or obtain medical, psychological, or substance abuse treatment or counseling or obtain training or needed education under the same terms and conditions that apply to employment under this article. In the event such hearing or hearings are had before officials of the receiving state, the governing law shall be that of the sending state and a record of the hearing or hearings as prescribed by the sending state shall be made. Renumbered from art. Sept. 1, 1981. Sept. 1, 1981. 42.013. 115, eff. 1, eff. 480, Sec. 5.03, eff. Art.
1, eff. This compact shall enter into force and become effective and binding upon the states so acting when it has been enacted into law by any two states. Sec. 2, Sec. (g-2) Except as provided by Subsection (n), the order of restitution must require the defendant to: (1) make restitution directly to the person or agency that will accept and forward restitution payments to the victim or other person eligible for restitution under this article, including the compensation to victims of crime fund; (2) make restitution directly to the victim or other person eligible for restitution under this article, including the compensation to victims of crime fund; or. 178 (S.B.
The incident number required by Article 66.152(a)(4), if that number has been assigned at the time of the judgment.
(a) An affidavit to perfect a restitution lien may be filed with: (2) the department in the manner provided by Chapter 501, Transportation Code; or. 5.03(a), eff. Sept. 1, 1981. Acts 2017, 85th Leg., R.S., Ch. 2. 76, Sec. 42.08. 789 (H.B. 1, eff. The defendant's thumbprint taken in accordance with Article 38.33; 24. (4) Notwithstanding Subsection (g)(4), a court shall direct a defendant ordered to make restitution under this subsection as a condition of community supervision to deliver the amount or property due as restitution to the defendant's supervising officer for transfer to the owner. 2, eff. 6. Acts 2011, 82nd Leg., R.S., Ch. Aug. 29, 1991. 686), Sec. Art. Aug. 28, 1995. 987, Sec. Acts 2015, 84th Leg., R.S., Ch. Sec. 213), Sec. 2, p. 317, ch. 147 (H.B. (h) A person who files an affidavit to perfect a restitution lien under this article shall notify in writing the clerk of the court entering the judgment creating the lien of all officers or entities with which the affidavit was filed. (h) amended by Acts 1993, 73rd Leg., ch. 14.05, eff. 2.
3774), Sec. (3) the defendant's failure to file a report under Chapter 162, Tax Code, or to pay a tax under that chapter when the tax became due is attributable to fraud or an intent to evade the application of Chapter 162, Tax Code, or a rule adopted under Chapter 111 or 162, Tax Code. 5(b), (d) amended by Acts 1985, 69th Leg., ch. 21.002(1), eff. 913 (S.B. 1902), Sec. 3607), Sec. 7. January 1, 2021. 110, Sec. 9.02, eff. 1570), Sec. September 1, 2007. 900, Sec. 2. The burden of demonstrating other matters as the court deems appropriate is on the party designated by the court as justice requires. Sec. (a) The court shall order a defendant convicted of an offense under Chapter 20, Penal Code, or Section 25.03, 25.031, or 25.04, Penal Code, to pay restitution in an amount equal to the cost of necessary rehabilitation, including medical, psychiatric, and psychological care and treatment, for the victim of the offense if the victim is younger than 17 years of age. The reward for good conduct may consist of a relaxation of strict county jail rules and extension of social privileges consistent with proper discipline. Aug. 26, 1991; Acts 1991, 72nd Leg., 2nd C.S., ch. The person may refile the suit against the defendant if the defendant subsequently defaults. 1. 1028), Sec. 11. An actual withdrawal shall not take effect until one year after the notices provided in the statute have been sent. 1, eff.
Sec. 1, eff. (f) The department shall immediately file the restitution lien in the motor vehicle records of the department. 3.14, eff. 641 (S.B. If the court does not order restitution or orders partial restitution under this subsection, the court shall state on the record the reasons for not making the order or for the limited order. Added by Acts 1999, 76th Leg., ch. In determining whether to revoke community supervision, parole, or mandatory supervision, the court or parole panel shall consider: (2) the defendant's current and future earning ability; (3) the defendant's current and future financial resources; (4) the willfulness of the defendant's failure to pay; (5) any other special circumstances that may affect the defendant's ability to pay; and. The end of the period or the last installment may not be later than: (1) the end of the period of community supervision, if community supervision is ordered; or. 668, Sec. (a) In addition to any fine authorized by law, the court that sentences a defendant convicted of an offense may order the defendant to make restitution to any victim of the offense or to the compensation to victims of crime fund established under Subchapter J, Chapter 56B, to the extent that fund has paid compensation to or on behalf of the victim. (2) instruct the defendant regarding how the felony conviction will impact the defendant's right to vote in this state. [ADULT PROBATION OFFICERS OF THE 222ND JUDICIAL DISTRICT; SALARY AND ALLOWANCES ]. September 1, 2009. Sec. 42.02. 4.09, eff. (k) The court shall resolve any dispute relating to the proper amount or type of restitution. Added by Acts 2003, 78th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. Sec. Added by Acts 1993, 73rd Leg., ch. The victim, relative, or guardian may not direct questions to the defendant while making the statement. Aug. 31, 1987; Acts 1989, 71st Leg., ch. 1, eff. 42.025. SPECIAL DRIVER'S LICENSE OR IDENTIFICATION REQUIREMENTS FOR CERTAIN SEX OFFENDERS.
The director of the Texas Department of Criminal Justice is authorized and directed to do all things necessary or incidental to the carrying out of the compact in every particular. (B) develop standards for selection of the community educational campaign described in Section 6 of this article; (6) submit an annual written report to the division and to the legislature with recommendations for continuation, elimination, or changes in the project; (7) evaluate the programs and the community educational campaign, including an analysis of the effectiveness of the project and the level of public awareness relating to family violence; and. 25.022, eff. Sept. 1, 1999.
(j) The court may order a community supervision and corrections department to obtain information pertaining to the factors listed in Subsection (c). 21.001(3), eff.
The date sentence is to commence and any credit for time served; 19. 5 added by Acts 1993, 73rd Leg., ch. Art. 2(a) amended by Acts 1991, 72nd Leg., 2nd C.S., ch. The officer executing the commitment shall endorse thereon the date he takes the defendant into custody and the defendant's sentence begins to run from the date endorsed on the commitment.
Sept. 1, 1995; Sec. Any part or all of the commutation accrued under this article may be forfeited and taken away by the sheriff: (1) for a sustained charge of misconduct in violation of any rule known to the defendant, including escape or attempt to escape, if the sheriff has complied with discipline proceedings as approved by the Commission on Jail Standards; (2) on receipt by the sheriff of a certified copy of a final order of a state or federal court that dismisses as frivolous or malicious a lawsuit brought by a defendant while the defendant was in the custody of the sheriff; or. MANDATORY RESTITUTION FOR CHILD WITNESS OF FAMILY VIOLENCE. 2291), Sec. An order of restitution shall require that all restitution to a victim or to the compensation to victims of crime fund be made before any restitution to any other person is made under the order.
809, Sec. September 1, 2011.
(3) If the court orders a defendant to make restitution under this subsection and the defendant is financially unable to make the restitution, the court may order the defendant to perform a specific number of hours of community service to satisfy the restitution.