Texas 2023 - 88th Regular

Texas House Bill HB1202

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to restitution payments for the support of a child whose parent or guardian is a victim of intoxication manslaughter.

Impact

The implementation of HB 1202 would lead to alterations in the existing statutes related to restitution and support obligations, providing a mechanism for consistent financial assistance to victims' children. The bill emphasizes the court's role in determining a reasonable amount of restitution based on various factors, including the needs of the child and the financial circumstances of the surviving parent or guardian. Notably, it addresses situations where a defendant may be unable to pay due to incarceration, allowing for payment plans to be initiated upon release.

Summary

House Bill 1202 aims to establish mandatory restitution payments for the support of children whose parents or guardians are victims of intoxication manslaughter. This bill proposes that a court order restitution payments from defendants convicted of intoxication manslaughter, specifically targeting financial support for the child until they reach adulthood or complete high school. The bill seeks to ensure that children affected by such crimes are not left in financial need after losing a parent or guardian to intoxication-related incidents.

Sentiment

The sentiment surrounding the bill appears to be generally supportive, as it directly addresses the welfare of children impacted by intoxication manslaughter. Advocates for victim rights and child welfare groups are likely to view this bill favorably, highlighting the need for accountability from perpetrators while providing necessary support to vulnerable children. However, concerns may arise regarding the feasibility of enforcing such payment obligations, especially from incarcerated individuals, which may lead to discussions about the broader implications of the bill on the criminal justice system.

Contention

While HB 1202 promotes the interests of children affected by intoxication manslaughter, discussions around its efficacy and enforcement could present points of contention. Some may argue that relying on restitution payments from convicted individuals might not be a sustainable or adequate solution for all cases, particularly given economic disparities. Additionally, the bill's potential impact on defendants who may struggle financially raises questions about the balance between victim support and the rights of those convicted, suggesting that discussions on amendments or additional provisions may be necessary.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

  • Chapter 42. Judgment And Sentence
    • Section: 0375

Companion Bills

TX SB703

Very Similar Relating to restitution payments for the support of a child whose parent or guardian is a victim of intoxication manslaughter.

Similar Bills

AZ HB2466

Criminal restitution orders; interest

AZ SB1189

Criminal restitution orders; interest

CA AB1950

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CA AB1186

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CA AB662

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CA AB1909

Criminal fines: collection.

CA SB1040

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CA AB1366

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