| 1 | 1 | | 88R5245 JSC-F |
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| 2 | 2 | | By: Sherman, Sr., Collier H.B. No. 1017 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to an affirmative finding of family violence entered in |
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| 8 | 8 | | the trial of certain offenses. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Article 42.013, Code of Criminal Procedure, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | Art. 42.013. FINDING OF FAMILY VIOLENCE. In the trial of an |
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| 13 | 13 | | offense under any provision of the [Title 5,] Penal Code, if the |
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| 14 | 14 | | court determines that the offense involved family violence, as |
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| 15 | 15 | | defined by Section 71.004, Family Code, the court shall make an |
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| 16 | 16 | | affirmative finding of that fact and enter the affirmative finding |
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| 17 | 17 | | in the judgment of the case. |
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| 18 | 18 | | SECTION 2. Article 42A.504(b), Code of Criminal Procedure, |
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| 19 | 19 | | is amended to read as follows: |
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| 20 | 20 | | (b) If a judge grants community supervision to a defendant |
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| 21 | 21 | | convicted of an offense [under Title 5, Penal Code,] that the court |
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| 22 | 22 | | determines involves family violence, the judge shall require the |
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| 23 | 23 | | defendant to pay a fine of $100 to a family violence center that: |
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| 24 | 24 | | (1) receives state or federal funds; and |
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| 25 | 25 | | (2) serves the county in which the court is located. |
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| 26 | 26 | | SECTION 3. Section 81.0015, Family Code, is amended to read |
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| 27 | 27 | | as follows: |
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| 28 | 28 | | Sec. 81.0015. PRESUMPTION. For purposes of this subtitle, |
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| 29 | 29 | | there is a presumption that family violence has occurred and is |
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| 30 | 30 | | likely to occur in the future if: |
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| 31 | 31 | | (1) the respondent has been convicted of or placed on |
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| 32 | 32 | | deferred adjudication community supervision for any of the |
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| 33 | 33 | | following offenses against the child for whom the petition is |
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| 34 | 34 | | filed: |
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| 35 | 35 | | (A) an offense [under Title 5, Penal Code,] for |
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| 36 | 36 | | which the court has made an affirmative finding that the offense |
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| 37 | 37 | | involved family violence under Article 42.013, Code of Criminal |
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| 38 | 38 | | Procedure; or |
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| 39 | 39 | | (B) an offense under Title 6, Penal Code; |
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| 40 | 40 | | (2) the respondent's parental rights with respect to |
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| 41 | 41 | | the child have been terminated; and |
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| 42 | 42 | | (3) the respondent is seeking or attempting to seek |
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| 43 | 43 | | contact with the child. |
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| 44 | 44 | | SECTION 4. Articles 42.013 and 42A.504(b), Code of Criminal |
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| 45 | 45 | | Procedure, as amended by this Act, apply only to an offense |
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| 46 | 46 | | committed on or after the effective date of this Act. An offense |
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| 47 | 47 | | committed before the effective date of this Act is governed by the |
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| 48 | 48 | | law in effect on the date the offense was committed, and the former |
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| 49 | 49 | | law is continued in effect for that purpose. For purposes of this |
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| 50 | 50 | | section, an offense was committed before the effective date of this |
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| 51 | 51 | | Act if any element of the offense was committed before that date. |
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| 52 | 52 | | SECTION 5. This Act takes effect September 1, 2023. |
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