88R673 JSC-D
By: Swanson H.B. No. 210
A BILL TO BE ENTITLED
AN ACT
relating to restitution payments for the support of a child whose
parent or guardian is a victim of intoxication manslaughter.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 42, Code of Criminal Procedure, is
amended by adding Article 42.0375 to read as follows:
Art. 42.0375. MANDATORY RESTITUTION FOR CHILD OF VICTIM OF
INTOXICATION MANSLAUGHTER. (a) The court shall order a defendant
convicted of an offense under Section 49.08, Penal Code, to pay
restitution for a child whose parent or guardian was the victim of
the offense.
(b) Notwithstanding Article 42.037(g) and subject to
Subsection (c), the court shall determine an amount to be paid
monthly for the support of the child until the child reaches 18
years of age or has graduated from high school, whichever is later.
(c) The defendant may not be required to pay restitution
under this article to an individual who is 19 years of age or older.
(d) The court shall determine an amount for restitution
under this article that is reasonable and necessary to support the
child, considering all relevant factors including:
(1) the financial needs and resources of the child;
(2) the financial needs and resources of the surviving
parent or guardian or other current guardian of the child or, if
applicable, the financial resources of the state if the Department
of Family and Protective Services has been appointed as temporary
or permanent managing conservator of the child;
(3) the standard of living to which the child is
accustomed;
(4) the physical and emotional condition of the child
and the child's educational needs;
(5) the child's physical and legal custody
arrangements; and
(6) the reasonable work-related child care expenses of
the surviving parent or guardian or other current guardian, if
applicable.
(e) The order must require restitution payments to be:
(1) delivered in the manner described by Article
42.037(g-2)(3); and
(2) directed to the parent or guardian of the child or
the Department of Family and Protective Services, as applicable.
(f) If a defendant ordered to pay restitution under this
article is unable to make the required restitution payments because
the defendant is confined or imprisoned in a correctional facility,
the defendant shall begin payments not later than the first
anniversary of the date of the defendant's release from the
facility. The defendant may enter into a payment plan to address
any arrearage that exists on the date of the defendant's release.
The defendant must pay all arrearages regardless of whether the
restitution payments were scheduled to terminate while the
defendant was confined or imprisoned in the correctional facility.
(g) The amount of restitution paid under this article shall
be deducted from any civil judgment against the defendant as
provided by Article 42.037(f)(2).
(h) A restitution order issued under this article may be
enforced by the state, or by a person or a parent or guardian of the
person named in the order to receive the restitution, in the same
manner as a judgment in a civil action.
SECTION 2. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 3. This Act takes effect September 1, 2023.