We have a situation where a Defendant paid restitution to three of our victims. Two came in right away and picked up their checks. The last one disappeared. We have tried every address, number, relatives, no luck. We think our next move is to send the money to the Comptroller to go in unclaimed funds. First, does anyone else have any ideas, second has anyone ever sent money to the Comptroller and is anyone familiar with that process?

This message has been edited. Last edited by: Eric C. Carcerano,

Eric
I think this is what you need: http://comptroller.texas.gov/t.../taxforms/53-119.pdf If not it at least has a number to call for questions.

Thank you Gary. Hope all is well in your part of the world.

Does Article 18.17(h) apply?

I didn't think about 18.17 because I usually think of that in terms of things that are evidence, but that's an interesting take. I think it's a yes and no answer as far as 18.17 goes. If this was money that came into our possession any other way, there is no doubt that 18.17 would apply and technically if we wanted to I think we could make 18.17 apply. I'm still holding out hope that our victim resurfaces at some point.

As an aside, I am curious to know the legislative history of 18.17 and whether the reason that whiskey, beer and wine are specifically excluded has something to do with an agency converting them to agency use.

My guess is that disposition of seized alcoholic beverages, being separately (and highly) regulated, are governed by some other Code. Plus, thinking back a few years, if my county was dry, why would I allow the Sheriff to operate his own beverage barn? Who knows? I suspect that Article 18.17 predates easily available legislative history. I also remember a large police department evidence facility that had a bunch of old, seized beer lying around. It was probably more hazardous waste than valuable product that could be resold for the city's benefit.

Look at CCP Art 42.131 sec 12 Restitution