Texas Code of Criminal Procedure

§ 42.037 — RESTITUTION

CR § 42.037Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 42. JUDGMENT AND SENTENCE

Statute text

(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 J, Chapter 56B, 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:

…

Legislative history

Acts 2005, 79th Leg., Ch. 543 (H.B. 1095), Sec. 4, eff. September 1, 2005. Acts 2005, 79th Leg., Ch. 969 (H.B. 1751), Sec. 1, eff. September 1, 2005. Acts 2005, 79th Leg., Ch. 1025 (H.B. 1012), Sec. 2, eff. June 18, 2005. Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(10), eff. September 1, 2007. Acts 2007, 80th Leg., R.S., Ch. 1053 (H.B. 2151), Sec. 2, eff. September 1, 2007. Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.021, eff. September 1, 2009. Acts 2009, 81st Leg., R.S., Ch. 639 (H.B. 1633), Sec. 1, eff. September 1, 2009. Acts 2009, 81st Leg., R.S., Ch. 1040 (H.B. 4464), Sec. 2, eff. September 1, 2009. Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.13, eff. January 1, 2017. Acts 2015, 84th Leg., R.S., Ch. 933 (H.B. 2291), Sec. 1, eff. September 1, 2015. Acts 2017, 85th Leg., R.S., Ch. 913 (S.B. 1343), Sec. 4, eff. September 1, 2017. Acts 2019, 86th Leg., R.S., Ch. 469 (H.B. 4173), Sec. 2.14, eff. January 1, 2021. Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 4.02, eff. January 1, 2020. Acts 2021, 87th Leg., R.S., Ch. 945 (S.B. 1056), Sec. 4, eff. September 1, 2021. Acts 2023, 88th Leg., R.S., Ch. 368 (H.B. 1221), Sec. 4, eff. September 1, 2023.