Relating to the payment of restitution.

BILL ANALYSIS

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

As proposed, S.B. 1666 amends current law relating to the payment of restitution by a person released on parole or to mandatory supervision.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 42.037, Code of Criminal Procedure, by adding Subsection (y), as follows:

(y) Requires that any unclaimed restitution payments being held by the clerk of the court for payment to a victim who is entitled to restitution, if the victim does not make a claim for payment before the third anniversary of the date the clerk 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, be transferred to the compensation to victims of crimes fund.

SECTION 2. Amends Section 493.035, Government Code, by adding Subsections (e), (f), and (g), as follows:

(e) Requires the Texas Department of Criminal Justice (TDCJ), if TDCJ transfers a restitution payment to a county, to include the last known address of the victim.

(f) Requires TDCJ transferring a restitution payment to the clerk to include a history of past payments made to the victim by TDCJ to include the date each payment was made, the amount of each payment, the address each payment was sent to, and the ending balance of payments made to the victim during TDCJ's collection period.

(g) Provides that information provided to a clerk of the court under Subsections (e) and (f) is confidential and not subject to public disclosure under Chapter 552 (Public Information).

SECTION 3. Amends Sections 508.322, Government Code, by amending Subsections (c) and (e) and adding Subsection (c-3), as follows:

(c) Requires TDCJ, when a parole panel orders the payment of restitution from a releasee as provided by Article 42.037(h) (relating to the required payment of restitution ordered under Article 42.037 (Restitution) as a condition of community supervision, parole, or mandatory supervision), Code of Criminal Procedure, to:

(1)-(2) makes no changes to these subdivisions; 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) Provides that information provided to a clerk of the court under Subsection (c)(3) is confidential and not subject to public disclosure under Chapter 552.

(e) Requires that any unclaimed restitution payments being held by the clerk of the court for payment to a victim who is entitled to restitution, if the victim does not make a claim for payment before the third, rather than fifth, anniversary of the date the clerk 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, rather than five, years after the date the clerk last made a payment to the victim, be transferred to the compensation to victims of crimes fund.

Deletes existing text providing that any unclaimed restitution payments being held by the clerk of the court for payment to a victim who is entitled to restitution, under certain circumstances, are presumed abandoned. Deletes existing text requiring the clerk of the court to report and deliver to the Comptroller of Public Accounts of the State of Texas all unclaimed restitution payments presumed abandoned under Section 508.322 (Releasee Restitution Fund) in the manner provided by Chapter 77 (Report, Delivery, and Claims Process for Unclaimed Restitution Payments), Property Code.

SECTION 2. Effective date: September 1, 2025.