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AN ACT
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relating to the collection and amount of restitution authorized to |
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be collected from persons charged with or convicted of certain |
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misdemeanor offenses. |
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�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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�������SECTION�1.��Section 32.41(e), Penal Code, is amended to read |
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as follows: |
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�������(e)��A person charged with an offense under this section may |
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make restitution for the bad checks. Restitution shall be made |
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through the prosecutor's office if collection and processing were |
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initiated through that office. In other cases restitution may be, |
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with the approval of the court in which the offense is filed: |
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�������������(1)��[, be] made through the court; or |
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�������������(2)��collected by a law enforcement agency if a peace |
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officer of that agency executes a warrant against the person |
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charged with the offense. |
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�������SECTION�2.��Article 45.041, Code of Criminal Procedure, is |
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amended by amending Subsection (b) and adding Subsection (b-1) to |
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read as follows: |
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�������(b)��The justice or judge may direct the defendant: |
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�������������(1)��to pay: |
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�������������������(A)��the entire fine and costs when sentence is |
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pronounced; |
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�������������������(B)��the entire fine and costs at some later date; |
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or |
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�������������������(C)��a specified portion of the fine and costs at |
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designated intervals; |
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�������������(2)��if applicable, to make restitution to any victim |
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of the offense [in an amount not to exceed $500]; and |
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�������������(3)��to satisfy any other sanction authorized by law. |
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�������(b-1)��Restitution made under Subsection (b)(2) may not |
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exceed $5,000 for an offense under Section 32.41, Penal Code. |
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�������SECTION�3.��(a) Section 32.41(e), Penal Code, as amended by |
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this Act, applies only to a warrant executed by a peace officer on |
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or after the effective date of this Act. |
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�������(b)��Article 45.041, Code of Criminal Procedure, as amended |
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by this Act, applies only to a sentence pronounced on or after the |
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effective date of this Act. A sentence pronounced before the |
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effective date of this Act is covered by the law in effect when the |
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sentence was pronounced, and the former law is continued in effect |
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for that purpose. |
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�������SECTION�4.��This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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���President of the Senate |
Speaker of the House����� |
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�������I certify that H.B. No. 485 was passed by the House on May 3, |
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2007, by the following vote:��Yeas 141, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House��� |
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�������I certify that H.B. No. 485 was passed by the Senate on May |
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23, 2007, by the following vote:��Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate���� |
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APPROVED:��_____________________ |
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�������������������Date���������� |
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� |
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����������_____________________ |
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�����������������Governor������� |