Parole Bill’s Three-Year Rule Reaches Restitution In All Cases

The text as introduced · 560 words

By: Metcalf
H.B. No. 3636

A BILL TO BE ENTITLED

AN ACT

relating to the payment of restitution by a person released on

parole or to mandatory supervision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 42.037, Code of Criminal Procedure, is

amended by adding Subsection (y) to read as follows:

(y) If a victim who is entitled to restitution does not make

a claim for payment before the third anniversary of the date the

clerk of the court receives the initial restitution payment or if,

after the victim makes a claim for payment, the clerk is unable to

locate the victim for a period of three years after the date the

clerk last made a payment to the victim, any unclaimed restitution

payments being held by the clerk for payment to the victim shall be

transferred to the compensation to victims of crimes fund.

SECTION 2. Section 493.035, Government Code, is amended by

adding Subsections (e), (f), and (g) to read as follows:

(e) If the department transfers a restitution payment to a

county, the department shall include the last known address of the

victim.

(f) The department transferring a restitution payment to

the clerk shall include a history of past payments made to the

victim by the department to include the following:

(1) the date each payment was made;

(2) the amount of each payment;

(3) the address each payment was sent to; and

(4) the ending balance of payments made to the victim

during the departments collection period.

(g) Information provided to a clerk of the court under

Subsections (e) and (f) is confidential and not subject to public

disclosure under Chapter 552.

SECTION 3. Sections 508.322, Government Code, are amended

by amending Subsections (c) and (e) and adding Subsection (c-3) to

read as follows:

(c) When a parole panel orders the payment of restitution

from a releasee as provided by Article 42.037(h), Code of Criminal

Procedure, the department shall:

(1) collect the payment for disbursement to the

victim;

(2) deposit the payment in the releasee restitution

fund; and

(3) transmit the payment , a payment history described

by 493.035(f), and the last known address of the victim to the clerk

of the court that entered the order of restitution as soon as

practicable for the clerk to remit the payment to the victim.

(c-3) Information provided to a clerk of the court under

Subsection (c)(3) is confidential and not subject to public

disclosure under Chapter 552.

(e) If a victim who is entitled to restitution does not make

a claim for payment before the third [ fifth ] anniversary of the date

the clerk of the court receives the initial restitution payment or

if, after the victim makes a claim for payment, the clerk is unable

to locate the victim for a period of three [ five ] years after the

date the clerk last made a payment to the victim, any unclaimed

restitution payments being held by the clerk for payment to the

victim shall be transferred to the compensation to victims of

crimes fund [ are presumed abandoned. The clerk of the court shall

report and deliver to the comptroller all unclaimed restitution

payments presumed abandoned under this section in the manner

provided by Chapter 77, Property Code ].

SECTION 2. This Act takes effect September 1, 2025.