Texas House Bill HB4715

Texas 2023 - 88th Regular

• Filed: 3/10/23

Caption

Relating to the establishment of paternity and the duty to pay child support and to victim restitution or compensation for certain sexual offenses resulting in pregnancy.

Impact

The introduction of HB 4715 would significantly alter the landscape of family and criminal law in Texas. By mandating that courts make affirmative findings regarding pregnancies resulting from sexual offenses, the bill specifies that these findings should directly influence financial obligations of the convicted party. This legislation is poised to provide victims and their children with resources essential for their well-being, focusing on both immediate and long-term financial responsibilities of offenders.

Summary

House Bill 4715 seeks to establish guidelines for the determination of paternity and the associated financial obligations for child support when the conception results from specific sexual offenses. This legislation aims to ensure that victims of sexual offenses, if they become pregnant, receive adequate financial support from the perpetrator. The bill outlines various mechanisms for child support obligations, extending back to include prenatal expenses and providing a framework for restitution payments to be enforced through the court system.

Sentiment

The sentiment around HB 4715 appears polarized. Supporters of the bill argue that it establishes necessary protections for victims of sexual offenses and emphasizes accountability from those who perpetrate such crimes. They believe that the bill fills a gap in current law regarding the support of children born from these circumstances. Conversely, opponents express concerns that the bill's language may lead to ambiguities, particularly regarding the scope of paternity establishment solely tied to sexual offenses, potentially complicating legal proceedings and child support determinations.

Contention

One notable point of contention raised during discussions of HB 4715 centers on the clarity of its language regarding the establishment of paternity. Critics argue that the bill could be interpreted in various ways, particularly concerning whether paternity can be established only in cases of sexual offenses leading to pregnancy, without further specifications. This has led to calls for clearer definitions and guidelines to avoid any unintended consequences in legal interpretations, alongside concerns about its implications for both victims and alleged offenders.

Texas Constitutional Statutes Affected

Estates Code

• Chapter 355. Presentment And Payment Of Claims
  • Section: 102

Family Code

• Chapter 154. Child Support
  • Section: New Section
  • Section: 122

• Chapter 160. Uniform Parentage Act
  • Section: 636
  • Section: New Section

Health And Safety Code

• Chapter 161. Public Health Provisions
  • Section: New Section

Code Of Criminal Procedure

• Chapter 42. Judgment And Sentence
  • Section: New Section
  • Section: 0375

• Chapter 56a. Rights Of Crime Victims
  • Section: New Section