Texas Code of Criminal Procedure - Article 42.037. Restitution
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Art. 42.037. RESTITUTION. (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 B, Chapter 56, to the extent that
fund has paid compensation to or on behalf of the victim. 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.
(b)(1) If the offense results in damage to or loss or
destruction of property of a victim of the offense, the court may
order the defendant:
(A) to return the property to the owner of the property or
someone designated by the owner; or
(B) if return of the property is impossible or impractical
or is an inadequate remedy, to pay an amount equal to the greater
of:
(i) the value of the property on the date of the damage,
loss, or destruction; or
(ii) the value of the property on the date of sentencing,
less the value of any part of the property that is returned on the
date the property is returned.
(2) If the offense results in personal injury to a victim,
the court may order the defendant to make restitution to:
(A) the victim for any expenses incurred by the victim as a
result of the offense; or
(B) the compensation to victims of crime fund to the extent
that fund has paid compensation to or on behalf of the victim.
(3) If the victim or the victim's estate consents, the court
may, in addition to an order under Subdivision (2), order the
defendant to make restitution by performing services instead of by
paying money or make restitution to a person or organization, other
than the compensation to victims of crime fund, designated by the
victim or the estate.
(c) The court, in determining whether to order restitution
and the amount of restitution, shall consider:
(1) the amount of the loss sustained by any victim and the
amount paid to or on behalf of the victim by the compensation to
victims of crime fund as a result of the offense; and
(2) other factors the court deems appropriate.
(d) If the court orders restitution under this article and
the victim is deceased the court shall order the defendant to make
restitution to the victim's estate.
(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. The imposition of the order may not
unduly complicate or prolong the sentencing process.
(f)(1) The court may not order restitution for a loss for
which the victim has received or will receive compensation only
from a source other than the compensation to victims of crime fund.
The court may, in the interest of justice, order restitution to any
person who has compensated the victim for the loss to the extent the
person paid compensation. 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.
(2) Any amount recovered by a victim from a person ordered
to pay restitution in a federal or state civil proceeding is reduced
by any amount previously paid to the victim by the person under an
order of restitution.
(g)(1) The court may require a defendant to make restitution
under this article within a specified period or in specified
installments. If the court requires the defendant to make
restitution in specified installments, in addition to the
installment payments, the court may require the defendant to pay a
one-time restitution fee of $12, $6 of which the court shall retain
for costs incurred in collecting the specified installments and $6
of which the court shall order to be paid to the compensation to
victims of crime fund.
(2) The end of the period or the last installment may not be
later than:
(A) the end of the period of probation, if probation is
ordered;
(B) five years after the end of the term of imprisonment
imposed, if the court does not order probation; or
(C) five years after the date of sentencing in any other
case.
(3) If the court does not provide otherwise, the defendant
shall make restitution immediately.
(4) Except as provided by Subsection (n), the order of
restitution must require the defendant to make restitution directly
to the victim or other person eligible for restitution under this
article, including the compensation to victims of crime fund, or to
deliver the amount or property due as restitution to a community
supervision and corrections department for transfer to the victim
or person.
(h) If a defendant is placed on community supervision or is
paroled or released on mandatory supervision, the court or the
parole panel shall order the payment of restitution ordered under
this article as a condition of community supervision, parole, or
mandatory supervision. The court may revoke community supervision
and the parole panel may revoke parole or mandatory supervision if
the defendant fails to comply with the order. In determining
whether to revoke community supervision, parole, or mandatory
supervision, the court or parole panel shall consider:
(1) the defendant's employment status;
(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
(6) the victim's financial resources or ability to pay
expenses incurred by the victim as a result of the offense.
(i) In addition to any other terms and conditions of
probation imposed under Article 42.12, the court may require a
probationer to reimburse the compensation to victims of crime fund
created under Subchapter B, Chapter 56, for any amounts paid from
that fund to or on behalf of a victim of the probationer's offense.
In this subsection, "victim" has the meaning assigned by Article
56.32.
(j) The court may order a community supervision and
corrections department to obtain information pertaining to the
factors listed in Subsection (c) of this article. The probation
officer shall include the information in the report required under
Section 9(a), Article 42.12, of this code or a separate report, as
the court directs. The court shall permit the defendant and the
prosecuting attorney to read the report.
(k) The court shall resolve any dispute relating to the
proper amount or type of restitution. The standard of proof is a
preponderance of the evidence. The burden of demonstrating the
amount of the loss sustained by a victim as a result of the offense
is on the prosecuting attorney. The burden of demonstrating the
financial resources of the defendant and the financial needs of the
defendant and the defendant's dependents is on the defendant. The
burden of demonstrating other matters as the court deems
appropriate is on the party designated by the court as justice
requires.
(l) Conviction of a defendant for an offense involving the
act giving rise to restitution under this article estops the
defendant from denying the essential allegations of that offense in
any subsequent federal civil proceeding or state civil proceeding
brought by the victim, to the extent consistent with state law.
(m) An order of restitution may be enforced by the state or a
victim named in the order to receive the restitution in the same
manner as a judgment in a civil action.
(n) If a defendant is convicted of or receives deferred
adjudication for an offense under Section 25.05, Penal Code, if the
child support order on which prosecution of the offense was based
required the defendant to pay the support to a local registry or the
Title IV-D agency, and if the court orders restitution under this
article, the order of restitution must require the defendant to pay
the child support in the following manner:
(1) during any period in which the defendant is under the
supervision of a community supervision and corrections department,
to the department for transfer to the local registry or Title IV-D
agency designated as the place of payment in the child support
order; and
(2) during any period in which the defendant is not under
the supervision of a department, directly to the registry or agency
described by Subdivision (1).
(o) The pardons and paroles division may waive a supervision
fee or an administrative fee imposed on an inmate under Section
508.182, Government Code, during any period in which the inmate is
required to pay restitution under this article.
Text of Subsection (p) as added by Acts 2005, 79th Leg., ch. 543,
Sec. 4
(p) The court shall order a defendant convicted of an
offense under Section 22.11, Penal Code, to make restitution to the
victim of the offense or the victim's employer in an amount equal to
the sum of any expenses incurred by the victim or employer to:
(1) test the victim for HIV, hepatitis A, hepatitis B,
tuberculosis, or any other disease designated as a reportable
disease under Section 81.048, Health and Safety Code; or
(2) treat the victim for HIV, hepatitis A, hepatitis B,
tuberculosis, or any other disease designated as a reportable
disease under Section 81.048, Health and Safety Code, the victim
contracts as a result of the offense.
Text of Subsection (p) as added by Acts 2005, 79th Leg., ch. 1025,
Sec. 2
(p)(1) A court shall order a defendant convicted of an
offense under Section 28.03(f), Penal Code, involving damage or
destruction inflicted on a place of human burial or under Section
42.08, Penal Code, to make restitution in the amount described by
Subsection (b)(1)(B) to a cemetery organization operating a
cemetery affected by the commission of the offense.
(2) If a court orders an unemancipated minor to make
restitution under Subsection (a) and the minor is financially
unable to make the restitution, the court may order:
(A) the minor to perform a specific number of hours of
community service to satisfy the restitution; or
(B) the parents or other person responsible for the minor's
support to make the restitution in the amount described by
Subsection (b)(1)(B).
(3) In this subsection, "cemetery" and "cemetery
organization" have the meanings assigned by Section 711.001, Health
and Safety Code.
Added by Acts 1993, 73rd Leg., ch. 806, Sec. 1, eff. Sept. 1, 1993.
Subsec. (a) amended by Acts 1995, 74th Leg., ch. 318, Sec. 51, eff.
Sept. 1, 1995; Subsec. (i) amended by Acts 1995, 74th Leg., ch. 76,
Sec. 5.95(111), eff. Sept. 1, 1995; Subsec. (g)(4) amended by Acts
1999, 76th Leg., ch. 40, Sec. 2, eff. Sept. 1, 1999; Subsec. (n)
added by Acts 1999, 76th Leg., ch. 40, Sec. 3, eff. Sept. 1, 1999;
Subsec. (h) amended by Acts 2001, 77th Leg., ch. 856, Sec. 10, eff.
Sept. 1, 2001; Subsec. (o) added by Acts 2001, 77th Leg., ch. 1034,
Sec. 2, eff. Sept. 1, 2001; Subsec. (p) added by Acts 2005, 79th
Leg., ch. 543, Sec. 4, eff. Sept. 1, 2005; Subsec. (a) amended by
Acts 2005, 79th Leg., ch. 969, Sec. 1, eff. Sept. 1, 2005; Subsec.
(b) amended by Acts 2005, 79th Leg., ch. 969, Sec. 1, eff. Sept. 1,
2005; Subsec. (c) amended by Acts 2005, 79th Leg., ch. 969, Sec. 1,
eff. Sept. 1, 2005; Subsec. (e) amended by Acts 2005, 79th Leg.,
ch. 969, Sec. 1, eff. Sept. 1, 2005; Subsec. (f) amended by Acts
2005, 79th Leg., ch. 969, Sec. 1, eff. Sept. 1, 2005; Subsec. (g)
amended by Acts 2005, 79th Leg., ch. 969, Sec. 1, eff. Sept. 1,
2005; Subsec. (h) amended by Acts 2005, 79th Leg., ch. 969, Sec. 1,
eff. Sept. 1, 2005; Subsec. (i) amended by Acts 2005, 79th Leg.,
ch. 969, Sec. 1, eff. Sept. 1, 2005; Subsec. (p) added by Acts 2005,
79th Leg., ch. 1025, Sec. 2, eff. June 18, 2005.
Article: 42.03 42.031 42.032 42.033 42.034 42.035 42.036 42.037 42.0371 42.038 42.04 42.05 42.07 42.08 42.09
Last modified: August 10, 2007
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