Texas House Bill HB3246

Texas 2009 - 81st Regular

• Out of House Committee: 4/20/09
• Voted on by House: 4/29/09
• Out of Senate Committee: 5/14/09
• Voted on by Senate: 5/21/09
• Governor Action: 6/19/09
• Report Pass: 5/14/09
• Enrolled: 5/24/09
• Passed: 6/19/09

Caption

Relating to the issuance of a writ of attachment in a civil suit for certain sexual assaults.

Impact

If enacted, HB 3246 would streamline the legal process for plaintiffs pursuing claims related to specified sexual assault offenses. By establishing the grounds for attachment under specific circumstances, the bill aims to shield victims from the burden of demonstrating broader financial damage claims upfront. This can facilitate access to necessary resources such as therapy and medical intervention essential for healing, thus potentially leading to improved recovery outcomes for survivors of sexual violence.

Summary

House Bill 3246 introduces significant amendments to the Civil Practice and Remedies Code concerning civil suits filed for certain sexual assaults. Specifically, it allows for the issuance of a writ of attachment in cases of sexual assault, aggravated sexual assault of a child, continuous sexual abuse of a child, or indecency with a child. This legal provision seeks to enable courts to grant attachment to cover the counseling and medical needs of plaintiffs who have suffered from such acts. The intent is to provide immediate financial support for victims to assist in their recovery process.

Contention

The potential contention surrounding HB 3246 may revolve around concerns over the implementation and practical effects of granting writs of attachment in such sensitive cases. Critics may argue about the adequacy of the criteria for attachment, and whether it sufficiently balances the rights of the defendants with the needs of the victims. Additionally, questions may arise regarding the effectiveness of how courts will assess the financial needs outlined by plaintiffs while ensuring that the process remains fair and just for all parties involved.