HB 1866

85(R) - 2017
House Criminal Jurisprudence
Senate Criminal Justice
House Criminal Jurisprudence
Senate Criminal Justice
Criminal Procedure

Vote Recommendation

  • Neutral
  • Neutral
  • Neutral
  • Neutral
  • Neutral


Charlie Geren


Donna Campbell

Bill Caption

Relating to compensation and restitution to crime victims and the disposition of unclaimed restitution payments; providing for an administrative penalty; authorizing a fee. 

Fiscal Notes

Estimated Two-year Net Impact to General Revenue Related Funds for HB1866, Committee Report 1st House, Substituted: an impact of $0 through the biennium ending August 31, 2019.

The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.

Bill Analysis

This bill would make substantial changes related to unclaimed restitution payments, and would provide a fee for the recovery of unclaimed property. Restitution payments are presumed abandoned if they are not claimed within five years. This bill would establish procedures for holders of abandoned payments to file property reports including specific information about the restitution and final notices to victims. HB 1866 also creates a process for the delivery of the payments to the comptroller, once the property has been delivered to the comptroller there is a process outlined to file a claim for the unclaimed restitution payments to victims or individuals who are otherwise designated to receive the compensation.

This bill specifies that money in the victims of crime auxiliary fund may only be used to pay claims as provided by this chapter, which includes covering the costs incurred by the attorney general for administering the confidentiality program. Finally, this bill would give the comptroller and their designee more powers, including the authority to examine the books and records of any holder, related to the enforcement of this legislation. 

Vote Recommendation Notes

Though this bill makes substantial changes, it is largely procedural in that it does not create any new government programs. Giving the comptroller the authority to view records of certain property holders, and to issue subpoenas is somewhat of an expansion of government, but the enforcement of the subpoena still requires a court order. This bill does not have a measurable impact on our liberty principles, therefore we will remain neutral.