| 1 | 1 | | 88R673 JSC-D |
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| 2 | 2 | | By: Swanson H.B. No. 210 |
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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 restitution payments for the support of a child whose |
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| 8 | 8 | | parent or guardian is a victim of intoxication manslaughter. |
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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. Chapter 42, Code of Criminal Procedure, is |
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| 11 | 11 | | amended by adding Article 42.0375 to read as follows: |
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| 12 | 12 | | Art. 42.0375. MANDATORY RESTITUTION FOR CHILD OF VICTIM OF |
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| 13 | 13 | | INTOXICATION MANSLAUGHTER. (a) The court shall order a defendant |
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| 14 | 14 | | convicted of an offense under Section 49.08, Penal Code, to pay |
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| 15 | 15 | | restitution for a child whose parent or guardian was the victim of |
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| 16 | 16 | | the offense. |
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| 17 | 17 | | (b) Notwithstanding Article 42.037(g) and subject to |
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| 18 | 18 | | Subsection (c), the court shall determine an amount to be paid |
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| 19 | 19 | | monthly for the support of the child until the child reaches 18 |
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| 20 | 20 | | years of age or has graduated from high school, whichever is later. |
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| 21 | 21 | | (c) The defendant may not be required to pay restitution |
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| 22 | 22 | | under this article to an individual who is 19 years of age or older. |
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| 23 | 23 | | (d) The court shall determine an amount for restitution |
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| 24 | 24 | | under this article that is reasonable and necessary to support the |
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| 25 | 25 | | child, considering all relevant factors including: |
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| 26 | 26 | | (1) the financial needs and resources of the child; |
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| 27 | 27 | | (2) the financial needs and resources of the surviving |
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| 28 | 28 | | parent or guardian or other current guardian of the child or, if |
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| 29 | 29 | | applicable, the financial resources of the state if the Department |
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| 30 | 30 | | of Family and Protective Services has been appointed as temporary |
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| 31 | 31 | | or permanent managing conservator of the child; |
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| 32 | 32 | | (3) the standard of living to which the child is |
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| 33 | 33 | | accustomed; |
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| 34 | 34 | | (4) the physical and emotional condition of the child |
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| 35 | 35 | | and the child's educational needs; |
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| 36 | 36 | | (5) the child's physical and legal custody |
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| 37 | 37 | | arrangements; and |
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| 38 | 38 | | (6) the reasonable work-related child care expenses of |
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| 39 | 39 | | the surviving parent or guardian or other current guardian, if |
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| 40 | 40 | | applicable. |
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| 41 | 41 | | (e) The order must require restitution payments to be: |
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| 42 | 42 | | (1) delivered in the manner described by Article |
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| 43 | 43 | | 42.037(g-2)(3); and |
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| 44 | 44 | | (2) directed to the parent or guardian of the child or |
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| 45 | 45 | | the Department of Family and Protective Services, as applicable. |
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| 46 | 46 | | (f) If a defendant ordered to pay restitution under this |
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| 47 | 47 | | article is unable to make the required restitution payments because |
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| 48 | 48 | | the defendant is confined or imprisoned in a correctional facility, |
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| 49 | 49 | | the defendant shall begin payments not later than the first |
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| 50 | 50 | | anniversary of the date of the defendant's release from the |
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| 51 | 51 | | facility. The defendant may enter into a payment plan to address |
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| 52 | 52 | | any arrearage that exists on the date of the defendant's release. |
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| 53 | 53 | | The defendant must pay all arrearages regardless of whether the |
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| 54 | 54 | | restitution payments were scheduled to terminate while the |
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| 55 | 55 | | defendant was confined or imprisoned in the correctional facility. |
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| 56 | 56 | | (g) The amount of restitution paid under this article shall |
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| 57 | 57 | | be deducted from any civil judgment against the defendant as |
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| 58 | 58 | | provided by Article 42.037(f)(2). |
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| 59 | 59 | | (h) A restitution order issued under this article may be |
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| 60 | 60 | | enforced by the state, or by a person or a parent or guardian of the |
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| 61 | 61 | | person named in the order to receive the restitution, in the same |
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| 62 | 62 | | manner as a judgment in a civil action. |
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| 63 | 63 | | SECTION 2. The change in law made by this Act applies only |
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| 64 | 64 | | to an offense committed on or after the effective date of this Act. |
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| 65 | 65 | | An offense committed before the effective date of this Act is |
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| 66 | 66 | | governed by the law in effect on the date the offense was committed, |
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| 67 | 67 | | and the former law is continued in effect for that purpose. For |
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| 68 | 68 | | purposes of this section, an offense was committed before the |
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| 69 | 69 | | effective date of this Act if any element of the offense occurred |
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| 70 | 70 | | before that date. |
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| 71 | 71 | | SECTION 3. This Act takes effect September 1, 2023. |
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