real property theft restitution, recalculated

The text as introduced · 554 words

90R6145 SZA-D

By: West
S.B. No. 226

A BILL TO BE ENTITLED

AN ACT

relating to the amount of restitution a defendant is ordered to pay

for real property theft.

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

SECTION 1. Articles 42.0376(a) and (c), Code of Criminal

Procedure, are amended to read as follows:

(a) The [ Except as provided by Subsection (b) and subject to

Subsection (c), the ] court shall order a defendant convicted of or

placed on deferred adjudication community supervision for an

offense under Section 31.23, Penal Code, to pay restitution, as

applicable:

(1) for an offense under Section 31.23(b)(1), to the

owner of the real property or nonpossessory interest in real

property that is the subject of the offense in an amount equal to

the value of the real property or nonpossessory interest , except as

provided by Subsection (b) ;

(2) for an offense under Section 31.23(b)(2), to the

owner of the benefit that is the subject of the offense in an amount

equal to the value of the benefit , subject to Subsection (c) ;

(3) to a title company or insurer that paid a claim

based on the conduct constituting the offense, in an amount equal to

the value of the payment made by the title company or insurer; or

(4) to the owner of the real property or nonpossessory

interest in real property , subject to Subsection (c), or to the

owner of the benefit in an amount equal to, as applicable:

(A) the value of losses incurred as a reasonably

foreseeable result of the conduct constituting the offense,

including loss of or damage to:

(i) personal property, including machinery

or vehicles located on or in the real property that is the subject

of the offense;

(ii) trees, landscaping, flora, and growing

or harvested agricultural commodities placed or maintained on the

real property by the owner, regardless of the state of growth; or

(iii) a structure attached to the real

property that is not included in the market value of the property

for the tax year in which the offense was committed, as indicated on

the appraisal roll for the appraisal district in which the real

property is located; or

(B) reasonable attorney's fees and court costs

related to an action brought to quiet title to or dispute the

conveyance or possession of the real property that is the subject of

the offense.

(c) The court shall reduce the amount of restitution that a

defendant is ordered to pay to the owner of the real property or

nonpossessory interest in real property under Subsection (a)(2) or

(4) [ (a)(1) ] by an amount equal to the value of a payment made to the

owner by a title company or insurer for a claim based on the conduct

constituting the offense [ to the person to whom the court orders the

defendant to pay restitution ].

SECTION 2. Articles 42.0376(a) and (c), Code of Criminal

Procedure, as amended by this Act, apply to a criminal action

pending before a trial court on or after the effective date of this

Act, regardless of whether the offense that is the subject of the

action was committed before, on, or after the effective date of this

Act.

SECTION 3. This Act takes effect September 1, 2027.