reglab/statecodes huggingface dataset:
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42 - Judgment and Sentence › Article 42.0373. Mandatory Restitution for Child Witness of Family Violence

(a)  If after a conviction or a grant of deferred adjudication a court places a defendant on community supervision for an offense involving family violence, as defined by Section 71.004, Family Code, the court shall determine from the complaint, information, indictment, or other charging instrument, the presentence report, or other evidence before the court whether:
(1)  the offense was committed in the physical presence of, or in the same habitation or vehicle occupied by, a person younger than 15 years of age; and
(2)  at the time of the offense, the defendant had knowledge or reason to know that the person younger than 15 years of age was physically present or occupied the same habitation or vehicle.
(b)  If the court determines both issues described by Subsection (a) in the affirmative, the court shall order the defendant to pay restitution in an amount equal to the cost of necessary rehabilitation, including medical, psychiatric, and psychological care and treatment, for a person described by Subsection (a)(1).
(c)  The court shall, after considering the financial circumstances of the defendant, specify in a restitution order issued under Subsection (b) the manner in which the defendant must pay the restitution.  The order must require restitution payments to be delivered in the manner described by Article 42.037(g-2)(3).
(d)  A restitution order issued under Subsection (b) may be enforced by the state, or by a person or a parent or guardian of the person named in the order to receive the restitution, in the same manner as a judgment in a civil action.
(e)  The court may hold a hearing, make findings of fact, and amend a restitution order issued under Subsection (b) if the defendant fails to pay the person named in the order in the manner specified by the court.
(f)  A determination under this article may not be entered as an affirmative finding in the judgment for the offense for which the defendant was placed on community supervision.
Added by Acts 2015, 84th Leg., R.S., Ch. 1061 (H.B. 2159), Sec. 1, eff. September 1, 2015.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 4.03, eff. January 1, 2020.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42 - Judgment and Sentence › Article 42.0375. Mandatory Restitution for Child of Victim of Intoxication Manslaughter

(a)  The court shall order a defendant convicted of an offense under Section 49.08, Penal Code, to pay restitution for a child whose parent or guardian was the victim of the offense.
(b)  Notwithstanding Article 42.037(g) and subject to Subsection (c), the court shall determine an amount to be paid monthly for the support of the child until the child reaches 18 years of age or has graduated from high school, whichever is later.
(c)  The defendant may not be required to pay restitution under this article to an individual who is 19 years of age or older.
(d)  The court shall determine an amount for restitution under this article that is reasonable and necessary to support the child, considering all relevant factors including:
(1)  the financial needs and resources of the child;
(2)  the financial needs and resources of the surviving parent or guardian or other current guardian of the child or, if applicable, the financial resources of the state if the Department of Family and Protective Services has been appointed as temporary or permanent managing conservator of the child;
(3)  the standard of living to which the child is accustomed;
(4)  the physical and emotional condition of the child and the child's educational needs;
(5)  the child's physical and legal custody arrangements;
(6)  the reasonable work-related child care expenses of the surviving parent or guardian or other current guardian, if applicable; and
(7)  the financial resources of the defendant.
(e)  The order must require restitution payments to be:
(1)  delivered in the manner described by Article 42.037(g-2)(1) or (3), as appropriate; and
(2)  directed to the parent or guardian of the child or the Department of Family and Protective Services, as applicable.
(f)  If a defendant ordered to pay restitution under this article is unable to make the required restitution payments because the defendant is confined or imprisoned in a correctional facility, the defendant shall begin payments not later than the first anniversary of the date of the defendant's release from the facility.  The defendant may enter into a payment plan to address any arrearage that exists on the date of the defendant's release.  The defendant must pay all arrearages regardless of whether the restitution payments were scheduled to terminate while the defendant was confined or imprisoned in the correctional facility.
(g)  The amount of restitution paid under this article shall be deducted from any civil judgment against the defendant as provided by Article 42.037(f)(2).
(h)  A restitution order issued under this article may be enforced by the office of the attorney general, or by a person or a parent or guardian of the person named in the order to receive the restitution, in the same manner as a judgment in a civil action.
Added by Acts 2023, 88th Leg., R.S., Ch. 305 (H.B. 393), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42 - Judgment and Sentence › Article 42.039. Completion of Sentence in Federal Custody

(a)  This article applies only to a criminal case in which:
(1)  the judgment requires the defendant to be confined in a secure correctional facility; and
(2)  the defendant is subject to an immigration detainer request.
(b)  In a criminal case described by Subsection (a), the judge shall, at the time of pronouncement of a sentence of confinement, issue an order requiring the secure correctional facility in which the defendant is to be confined and all appropriate government officers, including a sheriff, a warden, or members of the Board of Pardons and Paroles, as appropriate, to require the defendant to serve in federal custody the final portion of the defendant's sentence, not to exceed a period of seven days, following the facility's or officer's determination that the change in the place of confinement will facilitate the seamless transfer of the defendant into federal custody.  In the absence of an order issued under this subsection, a facility or officer acting under exigent circumstances may perform the transfer after making the determination described by this subsection.  This subsection applies only if appropriate officers of the federal government consent to the transfer of the defendant into federal custody under the circumstances described by this subsection.
(c)  If the applicable information described by Subsection (a)(2) is not available at the time sentence is pronounced in the case, the judge shall issue the order described by Subsection (b) as soon as the information becomes available.  The judge retains jurisdiction for the purpose of issuing an order under this article.
(d)  For purposes of this article, "secure correctional facility" has the meaning assigned by Section 1.07, Penal Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 4 (S.B. 4), Sec. 2.02, eff. September 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42 - Judgment and Sentence › Article 42.04. Sentence When Appeal Is Taken

When a defendant is sentenced to death, no date shall be set for the execution of sentence until after the receipt by the clerk of the trial court of the mandate of affirmance of the court of criminal appeals.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1981, 67th Leg., p. 809, ch. 291, Sec. 114, eff. Sept. 1, 1981.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42 - Judgment and Sentence › Article 42.05. If Court Is About to Adjourn

The time limit within which any act is to be done within the meaning of this Code shall not be affected by the expiration of the term of the court.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42 - Judgment and Sentence › Article 42.07. Reasons to Prevent Sentence

Before pronouncing sentence, the defendant shall be asked whether he has anything to say why the sentence should not be pronounced against him.  The only reasons which can be shown, on account of which sentence cannot be pronounced, are:
1. That the defendant has received a pardon from the proper authority, on the presentation of which, legally authenticated, he shall be discharged.
2. That the defendant is incompetent to stand trial;  and if evidence be shown to support a finding of incompetency to stand trial, no sentence shall be pronounced, and the court shall proceed under Chapter 46B;  and
3. When a person who has been convicted escapes after conviction and before sentence and an individual supposed to be the same has been arrested he may before sentence is pronounced, deny that he is the person convicted, and an issue be accordingly tried before a jury, or before the court if a jury is waived, as to his identity.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1975, 64th Leg., p. 1102, ch. 415, Sec. 3, eff. June 19, 1975.
Amended by Acts 1981, 67th Leg., p. 810, ch. 291, Sec. 115, eff. Sept. 1, 1981;  Acts 2003, 78th Leg., ch. 35, Sec. 3, eff. Jan. 1, 2004.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42 - Judgment and Sentence › Article 42.09. Commencement of Sentence; Status During Appeal; Pen Packet › Section 1.

Sec. 1.  Except as provided in Sections 2 and 3, a defendant shall be delivered to a jail or to the Texas Department of Criminal Justice when his sentence is pronounced, or his sentence to death is announced, by the court.  The defendant's sentence begins to run on the day it is pronounced, but with all credits, if any, allowed by Article 42.03.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42 - Judgment and Sentence › Article 42.09. Commencement of Sentence; Status During Appeal; Pen Packet › Section 2.

Sec. 2.  If a defendant appeals his conviction and is released on bail pending disposition of his appeal, when his conviction is affirmed, the clerk of the trial court, on receipt of the mandate from the appellate court, shall issue a commitment against the defendant.  The officer executing the commitment shall endorse thereon the date he takes the defendant into custody and the defendant's sentence begins to run from the date endorsed on the commitment.  The Texas Department of Criminal Justice shall admit the defendant named in the commitment on the basis of the commitment.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42 - Judgment and Sentence › Article 42.09. Commencement of Sentence; Status During Appeal; Pen Packet › Section 3.

Sec. 3.  If a defendant convicted of a felony is sentenced to death or to life in the Texas Department of Criminal Justice or is ineligible for release on bail pending appeal under Article 44.04(b) and gives notice of appeal, the defendant shall be transferred to the department on a commitment pending a mandate from the court of appeals or the Court of Criminal Appeals.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42 - Judgment and Sentence › Article 42.09. Commencement of Sentence; Status During Appeal; Pen Packet › Section 4.

Sec. 4.  If a defendant is convicted of a felony, is eligible for release on bail pending appeal under Article 44.04(b), and gives notice of appeal, he shall be transferred to the Texas Department of Criminal Justice on a commitment pending a mandate from the Court of Appeals or the Court of Criminal Appeals upon request in open court or upon written request to the sentencing court.  Upon a valid transfer to the department under this section, the defendant may not thereafter be released on bail pending his appeal.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42 - Judgment and Sentence › Article 42.09. Commencement of Sentence; Status During Appeal; Pen Packet › Section 5.

Sec. 5.  If a defendant is transferred to the Texas Department of Criminal Justice pending appeal under Section 3 or 4, his sentence shall be computed as if no appeal had been taken if the appeal is affirmed.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42 - Judgment and Sentence › Article 42.09. Commencement of Sentence; Status During Appeal; Pen Packet › Section 6.

Sec. 6.  All defendants who have been transferred to the Texas Department of Criminal Justice pending the appeal of their convictions under this article shall be under the control and authority of the department for all purposes as if no appeal were pending.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42 - Judgment and Sentence › Article 42.09. Commencement of Sentence; Status During Appeal; Pen Packet › Section 7.

Sec. 7.  If a defendant is sentenced to a term of imprisonment in the Texas Department of Criminal Justice but is not transferred to the department under Section 3 or 4, the court, before the date on which it would lose jurisdiction under Article 42A.202(a), shall send to the department a document containing a statement of the date on which the defendant's sentence was pronounced and credits earned by the defendant under Article 42.03 as of the date of the statement.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42 - Judgment and Sentence › Article 42.10. Satisfaction of Judgment as in Misdemeanor Convictions

When a person is convicted of a felony, and the punishment assessed is only a fine or a term in jail, or both, the judgment may be satisfied in the same manner as a conviction for a misdemeanor is by law satisfied.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Text of article effective until January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42 - Judgment and Sentence › Article 42.111. Deferral of Proceedings in Cases Appealed to County Court

If a defendant convicted of a misdemeanor punishable by fine only appeals the conviction to a county court, on the trial in county court the defendant may enter a plea of guilty or nolo contendere to the offense.  If the defendant enters a plea of guilty or nolo contendere, the court may defer further proceedings without entering an adjudication of guilt in the same manner as provided for the deferral of proceedings in justice court or municipal court under Article 45.051 of this code.  This article does not apply to a misdemeanor case disposed of under Subchapter B, Chapter 543, Transportation Code, or a serious traffic violation as defined by Section 522.003, Transportation Code.
Added by Acts 1989, 71st Leg., ch. 399, Sec. 2, eff. June 14, 1989.  Amended by Acts 1991, 72nd Leg., ch. 775, Sec. 18, eff. Sept. 1, 1991;  Acts 1999, 76th Leg., ch. 62, Sec. 3.03, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1545, Sec. 62, eff. Sept. 1, 1999.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.023, eff. January 1, 2025.
Text of article effective on January 01, 2025
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42 - Judgment and Sentence › Article 42.111. Deferral of Proceedings in Cases Appealed to County Court

If a defendant convicted of a misdemeanor punishable by fine only appeals the conviction to a county court, on the trial in county court the defendant may enter a plea of guilty or nolo contendere to the offense.  If the defendant enters a plea of guilty or nolo contendere, the court may defer further proceedings without entering an adjudication of guilt in the same manner as provided for the deferral of proceedings in justice court or municipal court under Subchapter G, Chapter 45A.  This article does not apply to a misdemeanor case disposed of under Subchapter B, Chapter 543, Transportation Code, or a serious traffic violation as defined by Section 522.003, Transportation Code.
Added by Acts 1989, 71st Leg., ch. 399, Sec. 2, eff. June 14, 1989.  Amended by Acts 1991, 72nd Leg., ch. 775, Sec. 18, eff. Sept. 1, 1991;  Acts 1999, 76th Leg., ch. 62, Sec. 3.03, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1545, Sec. 62, eff. Sept. 1, 1999.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.023, eff. January 1, 2025.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42 - Judgment and Sentence › Article 42.122. [Adult Probation Officers of the 222nd Judicial District; Salary and Allowances ]

The adult probation officer of the 222nd Judicial District receives a salary of not less than $15,000 per annum.  Also, the probation officer receives allowances, not to exceed the amount allowed by the federal government for traveling the most practical route to and from the place where the duties are discharged, for his necessary travel and hotel expenses.  Upon the sworn statement of the officer, approved by the judge, the respective counties of the judicial district pay the expenses incurred for their regular or special term of court out of the general county fund.  In lieu of travel allowances the commissioners court of each county, by agreement, may provide transportation under the same terms and conditions as provided for sheriffs.
Added by Acts 1985, 69th Leg., ch. 480, Sec. 18, eff. Sept. 1, 1985.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42 - Judgment and Sentence › Article 42.14. In Absence of Defendant

(a)  In a misdemeanor case, the judgment and sentence may be rendered in the absence of the defendant.
(b)  In a felony case, the judgment and sentence may be rendered in the absence of the defendant only if:
(1)  the defendant is confined in a penal institution;
(2)  the defendant is not charged with a felony offense:
(A)  that is listed in Article 42A.054(a); or
(B)  for which it is alleged that:
(i)  a deadly weapon was used or exhibited during the commission of the offense or during immediate flight from the commission of the offense; and
(ii)  the defendant used or exhibited the deadly weapon or was a party to the offense and knew that a deadly weapon would be used or exhibited;
(3)  the defendant in writing before the appropriate court having jurisdiction in the county in which the penal institution is located:
(A)  waives the right to be present at the rendering of the judgment and sentence or to have counsel present;
(B)  affirms that the defendant does not have anything to say as to why the sentence should not be pronounced and that there is no reason to prevent the sentence under Article 42.07;
(C)  states that the defendant has entered into a written plea agreement with the attorney representing the state in the prosecution of the case; and
(D)  requests the court to pronounce sentence in the case in accordance with the plea agreement;
(4)  the defendant and the attorney representing the state in the prosecution of the case have entered into a written plea agreement that is made a part of the record in the case; and
(5)  sentence is pronounced in accordance with the plea agreement.
(c)  A judgment and sentence may be rendered under this article in the absence of the defendant only after the defendant is notified by the court of original jurisdiction of the right to counsel and the defendant requests counsel or waives the right to counsel in accordance with Article 1.051.
(d)  In this article, "deadly weapon" and "penal institution" have the meanings assigned by Section 1.07, Penal Code.
(e)  If a defendant enters a plea of guilty or nolo contendere under Article 27.19, the attorney representing the state may request at the time the plea is entered that the defendant submit a fingerprint of the defendant suitable for attachment to the judgment.  On request for a fingerprint under this subsection, the county in which the defendant is confined shall obtain a fingerprint of the defendant and use first-class mail or other means acceptable to the attorney representing the state and the county to forward the fingerprint to the court accepting the plea.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 291 (H.B. 107), Sec. 2, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.17, eff. January 1, 2017.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42 - Judgment and Sentence › Article 42.141. Battering Intervention and Prevention Program › Section 1. Definitions

Sec. 1. DEFINITIONS.  In this article:
(1) "Batterer" means a person who commits repeated acts of violence or who repeatedly threatens violence against another who is:
(A) related to the actor by affinity or consanguinity, as determined under Chapter 573, Government Code;
(B) is a former spouse of the actor;  or
(C) resides or has resided in the same household with the actor.
(2) "Division" means the community justice assistance division of the Texas Department of Criminal Justice.
(3) "Family" has the meaning assigned by Section 71.003, Family Code.
(4) "Family violence" has the meaning assigned by Section 71.004, Family Code.
(5) "Shelter center" has the meaning assigned by Section 51.002, Human Resources Code.
(6) "Household" has the meaning assigned by Section 71.005, Family Code.
(7)  "Program" means a battering intervention and prevention program that:
(A)  meets:
(i)  the guidelines adopted by the community justice assistance division of the Texas Department of Criminal Justice with the assistance of the statewide nonprofit organization described by Section 3(1); and
(ii)  any other eligibility requirements adopted by the Texas Department of Criminal Justice; and
(B)  provides, on a local basis to batterers referred by the courts for intervention, educational services and intervention designed to help the batterers stop their abusive behavior.
(8) "Project" means the statewide activities for the funding of battering intervention and prevention programs, the related community educational campaign, and education and research regarding such programs.
(9) "Responsive law enforcement climate" means an area where, in cases of family violence:
(A) the local law enforcement agency has a policy or record of arresting batterers;  and
(B) the local criminal justice system:
(i) cooperates with the victim in filing protective orders;  and
(ii) takes appropriate action against a person who violates protective orders.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42 - Judgment and Sentence › Article 42.141. Battering Intervention and Prevention Program › Section 3. Duties of the Division

Sec. 3.  DUTIES OF THE DIVISION.  The division shall:
(1)  contract with a nonprofit organization that for the five-year period before the date on which a contract is to be signed has been involved in providing to shelter centers, law enforcement agencies, and the legal community statewide advocacy and technical assistance relating to family violence, with the contract requiring the nonprofit organization to perform the duties described in Section (4) of this article;
(2)  seek the input of the statewide nonprofit organization described in Subdivision (1) in the development of standards for selection of programs for inclusion in the project and the review of proposals submitted by programs;
(3)  issue requests for proposals for the programs and an educational campaign not later than January 1, 1990;
(4)  award contracts for programs that are operated by nonprofit organizations and that take into consideration:
(A)  a balanced geographical distribution of urban, rural, and suburban models; and
(B)  the presence of a responsive law enforcement climate in the community;
(5)  develop and monitor the project in cooperation with the nonprofit organization described by Subdivision (1);
(6)  monitor the development of a community educational campaign in cooperation with the nonprofit organization described by Subdivision (1);
(7)  assist the nonprofit organization described by Subdivision (1) in designing program evaluations and research activities;
(8)  facilitate training of probation officers and other criminal justice professionals by the nonprofit organization described by Subdivision (1) and by programs;
(9)  seek the assistance of the nonprofit organization described by Subdivision (1) in developing program guidelines and in accrediting programs and providers providing battering intervention and prevention services as conforming to those guidelines; and
(10)  before adopting program guidelines under Section 4A:
(A)  notify the licensing authorities described by Chapters 152, 501, 502, 503, and 505, Occupations Code, that the division is considering adopting program guidelines; and
(B)  invite the licensing authorities to comment on the program guidelines.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42 - Judgment and Sentence › Article 42.141. Battering Intervention and Prevention Program › Section 4. Duties of the Nonprofit Organization

Sec. 4.  DUTIES OF THE NONPROFIT ORGANIZATION.  The nonprofit organization with which the division contracts under Section 3(1) shall:
(1)  assist the division in developing and issuing requests for proposals for the programs and the educational campaign;
(2)  assist the division in reviewing the submitted proposals and making recommendations for proposals to be selected for funding;
(3)  develop and monitor the project in cooperation with the division;
(4)  provide technical assistance to programs to:
(A)  develop appropriate services for batterers;
(B)  train staff;
(C)  improve coordination with shelter centers, the criminal justice system, the judiciary, law enforcement agencies, prosecutors, and other appropriate officials and support services;
(D)  implement the community educational campaign; and
(E)  participate in project administered program evaluation and research activities;
(5)  provide technical assistance to the division to:
(A)  develop and implement standards for selection of programs for inclusion in the project; and
(B)  develop standards for selection of the community educational campaign described in Section 6 of this article;
(6)  submit an annual written report to the division and to the legislature with recommendations for continuation, elimination, or changes in the project;
(7)  evaluate the programs and the community educational campaign, including an analysis of the effectiveness of the project and the level of public awareness relating to family violence; and
(8)  assist the division in developing program guidelines and in accrediting programs and providers providing battering intervention and prevention services as conforming to those guidelines.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42 - Judgment and Sentence › Article 42.141. Battering Intervention and Prevention Program › Section 4A. Adoption of Program Guidelines; Accreditation Process

Sec. 4A.  ADOPTION OF PROGRAM GUIDELINES; ACCREDITATION PROCESS.  With the assistance of the statewide nonprofit organization described by Section 3(1) and after notifying the licensing authorities described by Section 3(10), the division shall adopt guidelines for programs and shall accredit programs and providers providing battering intervention and prevention services as conforming to those guidelines.  The division shall collect from each program or provider that applies for accreditation under this section a one-time application fee in an amount set by the Texas Department of Criminal Justice.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42 - Judgment and Sentence › Article 42.141. Battering Intervention and Prevention Program › Section 5. Programs

Sec. 5. PROGRAMS.    (a)  A program proposal must:
(1) describe the counseling or treatment the program will offer;
(2) include letters from a local law enforcement agency or agencies, courts, probation officers, and other community resources describing the community's commitment to improve the criminal justice system's response to victims and batterers and to cooperate with and interact in the programs' activities;
(3) include a letter from the local shelter center describing the support services available to victims of family violence in the community and the shelter's commitment to cooperate and work with the program;  and
(4) describe the public education and local community outreach activities relating to family violence currently available in the community and a statement of commitment to participate on the local level in the public educational campaign described in Section 6 of this article.
(b) A program must:
(1) be situated in a county in which a shelter center is located;
(2) offer counseling or treatment in which the primary approach is direct intervention with the batterer, on an individual or group basis, but that does not require the victim of the family violence to participate in the counseling or treatment;
(3) offer training to law enforcement prosecutors, judges, probation officers, and others on the dynamics of family violence, treatment options, and program activities;  and
(4) have a system for receiving referrals from the courts and for reporting to the court regarding batterers' compliance with the treatment program.
(c) This section does not preclude a program from serving a batterer other than one who was ordered by a court to participate in the program established under this subchapter.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42 - Judgment and Sentence › Article 42.141. Battering Intervention and Prevention Program › Section 6. Community Educational Campaign

Sec. 6. COMMUNITY EDUCATIONAL CAMPAIGN.    (a)  The division, with assistance from the nonprofit organization, shall select the community educational campaign relating to family violence after the commission has selected the programs.  The campaign is to be implemented in the areas covered by the programs.
(b) The campaign shall use a variety of media, including newspapers, radio, television, and billboards, and shall focus on:
(1) the criminality of acts of violence toward family members;
(2) the consequences of family violence crimes to the batterer;  and
(3) eradicating public misconceptions of family violence.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42 - Judgment and Sentence › Article 42.141. Battering Intervention and Prevention Program › Section 7. Use of Legislative Appropriation

Sec. 7. USE OF LEGISLATIVE APPROPRIATION.  Of a legislative appropriation for the project established under this article:
(1) not more than six percent may be used by the division for management and administration of the project;
(2) not more than 14 percent may be applied to the contract between the division and the nonprofit organization;  and
(3) not more than three percent may be applied to the contract for the community educational campaign.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42 - Judgment and Sentence › Article 42.141. Battering Intervention and Prevention Program › Section 8. Contract Date

Sec. 8. CONTRACT DATE.  The contract required under Section 3(a) of this article shall be signed not later than November 1, 1989.
Added by Acts 1989, 71st Leg., ch. 785, Sec. 3.05, eff. Sept. 1, 1989.  Sec. 1(1) amended by Acts 1991, 72nd Leg., ch. 561, Sec. 11, eff. Aug. 26, 1991;  Sec. 1(1)(A) amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(27), eff. Sept. 1, 1995;  Sec. 1(3), (4), (6) amended by Acts 2003, 78th Leg., ch. 1276, Sec. 7.002(i), eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 113 (S.B. 44), Sec. 2, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 113 (S.B. 44), Sec. 3, eff. September 1, 2007.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42 - Judgment and Sentence › Article 42.151. Fees for Abused Children's Counseling

If a court orders a defendant to pay a fee under Article 37.072 of this code, the court shall assess the fee against the defendant in the same manner as other costs of prosecution are assessed against a defendant.  The court may direct a defendant:
(1) to pay the entire fee when sentence is pronounced;
(2) to pay the entire fee at some later date;  or
(3) to pay a specified portion of the fee at designated intervals.
Added by Acts 1989, 71st Leg., ch. 360, Sec. 3, eff. Sept. 1, 1989.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42 - Judgment and Sentence › Article 42.152. Repayment of Reward

(a)  If a judge orders a defendant to pay a fine repaying a reward or part of a reward under Article 37.073, the court shall assess this fine against the defendant in the same manner as other fines are assessed against a defendant.  The court may order the defendant to:
(1)  pay the entire amount required when sentence is pronounced;
(2)  pay the entire amount required at a later date specified by the court; or
(3)  pay specified portions of the required amount at designated intervals.
(b)  After receiving a payment of a fine from a person ordered to make the payment under this article, the clerk of the court or fee officer shall:
(1)  make a record of the payment;
(2)  deduct a one-time $7 reimbursement fee from the payment for deposit in the general fund of the county;
(3)  forward the payment to the designated crime stoppers organization; and
(4)  make a record of the forwarding of the payment.
Added by Acts 1989, 71st Leg., ch. 611, Sec. 3, eff. Sept. 1, 1989.  Renumbered from art. 42.151 by Acts 1991, 72nd Leg., ch. 16, Sec. 19.01(6), eff. Aug. 26, 1991.  Amended by Acts 1997, 75th Leg., ch. 700, Sec. 12, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 2.10, eff. January 1, 2020.
Acts 2021, 87th Leg., R.S., Ch. 919 (S.B. 1923), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42 - Judgment and Sentence › Article 42.16. On Other Judgment

If the punishment is any other than a fine, the judgment shall specify it, and order it enforced by the proper process.  It shall also adjudge the costs against the defendant, and order the collection thereof as in other cases.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42 - Judgment and Sentence › Article 42.17. Transfer Under Treaty

When a treaty is in effect between the United States and a foreign country providing for the transfer of convicted offenders who are citizens or nationals of foreign countries to the foreign countries of which they are citizens or nationals, the governor is authorized, subject to the terms of such treaty, to act on behalf of the State of Texas and to consent to the transfer of such convicted offenders under the provisions of Article IV, Section 11 of the Constitution of the State of Texas.
Added by Acts 1977, 65th Leg., p. 1266, ch. 489, Sec. 1, eff. June 15, 1977.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42 - Judgment and Sentence › Article 42.20. Immunities

(a)  An individual listed in Subsection (c) of this article and the governmental entity that the individual serves as an officer or employee are not liable for damages arising from an act or failure to act by the individual or governmental entity in connection with a community service program or work program established under this chapter or in connection with an inmate, offender, or releasee programmatic or nonprogrammatic activity, including work, educational, and treatment activities, if the act or failure to act:
(1) was performed pursuant to a court order or was otherwise performed in an official capacity;  and
(2) was not performed with conscious indifference for the safety of others.
(b) Chapter 101, Civil Practice and Remedies Code, does not apply to a claim based on an act or a failure to act of an individual listed in Subsection (c) of this article or a governmental entity the officer serves as an officer or employee if the act or failure to act is in connection with a program described by Subsection (a) of this article.
(c) This article applies to:
(1) a director or employee of a community supervision and corrections department or a community corrections facility;
(2) a sheriff or employee of a sheriff's department;
(3) a county judge, county attorney, county commissioner, or county employee;
(4) a district judge, district attorney, or criminal district attorney;
(5) an officer or employee of a state agency;  or
(6) an officer or employee of a political subdivision other than a county.
Added by Acts 1993, 73rd Leg., ch. 900, Sec. 5.03, eff. Sept. 1, 1993.  Subsec. (a) amended by Acts 1995, 74th Leg., ch. 76, Sec. 3.13, eff. Sept. 1, 1995;  Subsec. (c) amended by Acts 2003, 78th Leg., ch. 406, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42 - Judgment and Sentence › Article 42.21. Notice of Release of Family Violence Offenders

(a)  Before releasing a person convicted of a family violence offense, the entity holding the person shall make a reasonable attempt to give personal notice of the imminent release to the victim of the offense or to another person designated by the victim to receive the notice.  An attempt by an entity to give notice to the victim or person designated by the victim at the victim's or person's last known telephone number or address, as shown on the records of the entity, constitutes a reasonable attempt to give notice under this subsection.
(b) An entity or an employee of an entity is not liable for damages arising from complying or failing to comply with Subsection (a) of this article.
(c) In this article, "family violence" has the meaning assigned by Section 71.004, Family Code.
Added by Acts 1995, 74th Leg., ch. 661, Sec. 2, eff. Aug. 28, 1995.  Subsec. (c) amended by Acts 2003, 78th Leg., ch. 1276, Sec. 7.002(j), eff. Sept. 1, 2003.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42 - Judgment and Sentence › Article 42.22. Restitution Liens › Section 1. Definitions

Sec. 1.  DEFINITIONS.  In this article:
(1)  "Department" means the Texas Department of Motor Vehicles.
(2)  "Motor vehicle" has the meaning assigned by Chapter 501, Transportation Code.
(3)  "State" means the State of Texas and all political subdivisions thereof.
(4)  "Victim" means:
(A)  a "close relative of a deceased victim," "guardian of a victim," or "victim," as those terms are defined by Article 56A.001; or
(B)  an individual who suffers damages as a result of another committing an offense under Section 38.04, Penal Code, in which the defendant used a motor vehicle while the defendant was in flight.
(5)  "Personal property" means any property other than real property including all tangible and intangible types of property and including but not limited to copyrights, book rights, movie rights, patents, and trademarks acquired by the defendant prior to, during, and after conviction.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42 - Judgment and Sentence › Article 42.22. Restitution Liens › Section 2. Lien Established

Sec. 2.  LIEN ESTABLISHED.  (a)  The victim of a criminal offense has a restitution lien to secure the amount of restitution to which the victim is entitled under the order of a court in a criminal case.
(b)  The state also has a restitution lien to secure the:
(1)  amount of fines or costs entered against a defendant in the judgment in a felony criminal case;
(2)  amount of reimbursement for costs of:
(A)  confinement ordered under Article 42.038; or
(B)  notice provided under Article 62.056 or 62.201; and
(3)  amount of damages incurred by the state as a result of the commission of an offense under Section 38.04, Penal Code, in which the defendant used a motor vehicle while the defendant was in flight.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42 - Judgment and Sentence › Article 42.22. Restitution Liens › Section 3. Perfection

Sec. 3.  PERFECTION.  (a)  Except as provided by this section, a restitution lien attaches and is perfected when an affidavit to perfect the lien is filed in accordance with this article.
(b)  If a lien established under this article is attached to a motor vehicle, the lien must be perfected in the manner provided by Chapter 501, Transportation Code, and the court that entered the order of restitution giving rise to the lien shall include in the order a requirement that the defendant surrender to the court evidence of current legal ownership of the motor vehicle and the title, if applicable, against which the lien attaches.  A lien against a motor vehicle as provided by this article is not perfected until the defendant's title to the vehicle has been surrendered to the court and the department has issued a subsequent title that discloses on its face the fact that the vehicle is subject to a restitution lien established as provided by this article.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42 - Judgment and Sentence › Article 42.22. Restitution Liens › Section 4. Judgment Required

Sec. 4.  JUDGMENT REQUIRED.  An affidavit to perfect a restitution lien may not be filed under this article until a court has ordered restitution or entered a judgment requiring the defendant to pay a fine or costs.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42 - Judgment and Sentence › Article 42.22. Restitution Liens › Section 5. Persons Who May File

Sec. 5.  PERSONS WHO MAY FILE.  The following persons may file an affidavit to perfect a restitution lien:
(1)  the attorney representing the state in a criminal case in which a victim is determined by the court to be entitled to restitution or in which a defendant is ordered to pay fines or costs; or
(2)  a victim in a criminal case determined by the court to be entitled to restitution.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42 - Judgment and Sentence › Article 42.22. Restitution Liens › Section 6. Affidavit

Sec. 6.  AFFIDAVIT.  An affidavit to perfect a restitution lien must be signed by the attorney representing the state or a magistrate and must contain:
(1)  the name and date of birth of the defendant whose property or other interests are subject to the lien;
(2)  the residence or principal place of business of the person named in the lien, if known;
(3)  the criminal proceeding giving rise to the lien, including the name of the court, the name of the case, and the court's file number for the case;
(4)  the name and address of the attorney representing the state and the name of the person entitled to restitution;
(5)  a statement that the notice is being filed under this article;
(6)  the amount of restitution and the amount of fines and costs the defendant has been ordered to pay by the court;
(7)  a statement that the amount of restitution owed at any one time may be less than the original balance and that the outstanding balance is reflected in the records of the clerk of the court hearing the criminal proceeding giving rise to the lien; and
(8)  the vehicle description and vehicle identification number.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42 - Judgment and Sentence › Article 42.22. Restitution Liens › Section 7. Filing

Sec. 7.  FILING.  (a)  An affidavit to perfect a restitution lien may be filed with:
(1)  the secretary of state;
(2)  the department in the manner provided by Chapter 501, Transportation Code; or
(3)  the county clerk of the county in which:
(A)  the crime was committed;
(B)  the defendant resides; or
(C)  the property is located.
(b)  The uniform fee for filing and indexing and for stamping a copy furnished by the state or victim to show the date and place of filing is $5.
(c)  The secretary of state shall deposit the filing fee in the state treasury to the credit of the statutory filing fund solely to defray the costs of administration of this section.  The department shall deposit the filing fee in the state treasury to the credit of the state highway fund to be used solely to defray the costs of administering this section.
(d)  The county clerk shall immediately record the restitution lien in the judgment records of the county.  The clerk shall note in the records the date and hour the lien is received.
(e)  The secretary of state shall immediately file the restitution lien in the security interest and financing statement records of the secretary of state.  The secretary of state shall note in the records the date and hour the lien is received.
(f)  The department shall immediately file the restitution lien in the motor vehicle records of the department.  The department shall note in the records the date and hour the lien is received.
(g)  When a restitution lien is filed, the county clerk or secretary of state shall enter the restitution lien in an alphabetical index to the records in which the lien is filed showing:
(1)  the name of the person entitled to restitution;
(2)  the name of the defendant obligated to pay restitution, fines, or costs;
(3)  the amount of the lien; and
(4)  the name of the court that ordered restitution.
(h)  A person who files an affidavit to perfect a restitution lien under this article shall notify in writing the clerk of the court entering the judgment creating the lien of all officers or entities with which the affidavit was filed.
2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 42 - Judgment and Sentence › Article 42.22. Restitution Liens › Section 8. Subject Property

Sec. 8.  SUBJECT PROPERTY.  A restitution lien extends to:
(1)  any interest of the defendant in real property whether then owned or after-acquired located in a county in which the lien is perfected by the filing of an affidavit with the county clerk;
(2)  any interest of the defendant in tangible or intangible personal property whether then owned or after-acquired other than a motor vehicle if the lien is perfected by the filing of the affidavit with the secretary of state; or
(3)  any interest of the defendant in a motor vehicle whether then owned or after-acquired if the lien is perfected by the filing of the affidavit with the department.