Texas 2023 - 88th Regular

Texas House Bill HB4715 Compare Versions

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1	1	88R4680 MLH-D
2	2	By: Vasut H.B. No. 4715
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment of paternity and the duty to pay child
8	8	support and to victim restitution or compensation for certain
9	9	sexual offenses resulting in pregnancy.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article 42.01, Code of Criminal Procedure, is
12	12	amended by adding Section 17 to read as follows:
13	13	Sec. 17. In addition to the information described by
14	14	Section 1, the judgment should reflect affirmative findings entered
15	15	pursuant to Article 42.01915.
16	16	SECTION 2. Chapter 42, Code of Criminal Procedure, is
17	17	amended by adding Articles 42.01915 and 42.0375 to read as follows:
18	18	Art. 42.01915. FINDING REGARDING PREGNANCY RESULTING FROM
19	19	CERTAIN SEXUAL OFFENSES. In the trial of an offense under Section
20	20	21.02, 21.11(a)(1), 22.011, 22.021, or 25.02, Penal Code, the judge
21	21	shall make an affirmative finding of fact and enter the affirmative
22	22	finding in the judgment in the case if the judge determines that the
23	23	commission of the offense resulted in the victim becoming pregnant.
24	24	Art. 42.0375. MANDATORY RESTITUTION FOR PREGNANCY
25	25	RESULTING FROM CERTAIN SEXUAL OFFENSES. (a) The court shall order
26	26	a defendant convicted of an offense under Section 21.02,
27	27	21.11(a)(1), 22.011, 22.021, or 25.02, Penal Code, to pay
28	28	restitution for a child whose parent was the victim of the offense
29	29	if the judge:
30	30	(1) has made an affirmative finding under Article
31	31	42.01915; and
32	32	(2) determines that the child resulted from the
33	33	pregnancy that was the subject of the finding under Article
34	34	42.01915.
35	35	(b) Notwithstanding Article 42.037(g) and subject to
36	36	Subsection (c), the court shall determine an amount to be paid by
37	37	the defendant monthly for the support of the child until the child
38	38	reaches 18 years of age or has graduated from high school, whichever
39	39	is later.
40	40	(c) The defendant shall pay an amount equal to:
41	41	(1) 200 percent of the amount of any child support
42	42	ordered under Chapter 154, Family Code, if the defendant has
43	43	executed a valid acknowledgment of paternity in regard to the
44	44	child; or
45	45	(2) 350 percent of the amount of any child support
46	46	ordered under Chapter 154, Family Code, if the defendant contested
47	47	parentage of the child and the court rendered an order under Chapter
48	48	160, Family Code, establishing the defendant's paternity of the
49	49	child.
50	50	(d) The order must require restitution payments to be:
51	51	(1) delivered in the manner described by Article
52	52	42.037(g-2)(1) or (3); and
53	53	(2) directed to the parent or guardian of the child or
54	54	the Department of Family and Protective Services, as applicable.
55	55	(e) If a defendant ordered to pay restitution under this
56	56	article is unable to make the required restitution payments because
57	57	the defendant is confined or imprisoned in a correctional facility,
58	58	the defendant shall begin payments not later than the first
59	59	anniversary of the date of the defendant's release from the
60	60	facility. The defendant may enter into a payment plan to address
61	61	any arrearage that exists on the date of the defendant's release.
62	62	The defendant must pay all arrearages regardless of whether the
63	63	restitution payments were scheduled to terminate while the
64	64	defendant was confined or imprisoned in the correctional facility.
65	65	(f) Notwithstanding Article 42.037(f)(2), the amount of
66	66	restitution paid under this article may not be deducted from any
67	67	civil judgment against the defendant or deducted from or reduce any
68	68	child support owed under Chapter 154, Family Code.
69	69	(g) A restitution order issued under this article may be
70	70	enforced by the state, or by a person or a parent or guardian of the
71	71	person named in the order to receive the restitution, in the same
72	72	manner as a judgment in a civil action.
73	73	SECTION 3. Subchapter C, Chapter 56B, Code of Criminal
74	74	Procedure, is amended by adding Article 56B.1045 to read as
75	75	follows:
76	76	Art. 56B.1045. COMPENSATION FOR PREGNANCY RESULTING FROM
77	77	CERTAIN SEXUAL OFFENSES. (a) This article applies to an applicant
78	78	for compensation under this chapter who is the victim of sexual
79	79	assault or an offense under Section 25.02, Penal Code, that
80	80	resulted in the applicant becoming pregnant.
81	81	(b) Notwithstanding other law, pecuniary loss under this
82	82	article includes:
83	83	(1) medical expenses for the birth of the child
84	84	resulting from the pregnancy and for the child's medical care; and
85	85	(2) expenses incurred by the applicant relating to any
86	86	adoption of the child resulting from the pregnancy.
87	87	(c) Notwithstanding Article 56B.107 or any other law, the
88	88	attorney general may not deny or reduce an award under this article
89	89	because the applicant for compensation has recouped the applicant's
90	90	pecuniary loss from a collateral source, including from an order of
91	91	restitution under Article 42.0375.
92	92	(d) If the compensation to victims of crime fund is unable
93	93	to pay all claims under this chapter, the attorney general shall
94	94	give priority to an applicant under this article.
95	95	SECTION 4. Section 33.006(b), Education Code, is amended to
96	96	read as follows:
97	97	(b) In addition to a school counselor's responsibility
98	98	under Subsection (a), the school counselor shall:
99	99	(1) participate in planning, implementing, and
100	100	evaluating a comprehensive developmental guidance program to serve
101	101	all students and to address the special needs of students:
102	102	(A) who are at risk of dropping out of school,
103	103	becoming substance abusers, participating in gang activity, or
104	104	committing suicide;
105	105	(B) who are in need of modified instructional
106	106	strategies; or
107	107	(C) who are gifted and talented, with emphasis on
108	108	identifying and serving gifted and talented students who are
109	109	educationally disadvantaged;
110	110	(2) consult with a student's parent or guardian and
111	111	make referrals as appropriate in consultation with the student's
112	112	parent or guardian;
113	113	(3) consult with school staff, parents, and other
114	114	community members to help them increase the effectiveness of
115	115	student education and promote student success;
116	116	(4) coordinate people and resources in the school,
117	117	home, and community;
118	118	(5) with the assistance of school staff, interpret
119	119	standardized test results and other assessment data that help a
120	120	student make educational and career plans;
121	121	(6) deliver classroom guidance activities or serve as
122	122	a consultant to teachers conducting lessons based on the school's
123	123	guidance curriculum; [and]
124	124	(7) serve as an impartial, nonreporting resource for
125	125	interpersonal conflicts and discord involving two or more students,
126	126	including accusations of bullying under Section 37.0832; and
127	127	(8) in consultation with the student's parent, provide
128	128	each pregnant student with written informational materials
129	129	regarding the following laws:
130	130	(1) Article 42.0375, Code of Criminal Procedure;
131	131	(2) Article 56B.1045, Code of Criminal Procedure;
132	132	(3) Section 154.0091, Family Code;
133	133	(4) Section 154.122, Family Code; and
134	134	(5) Section 160.638, Family Code.
135	135	SECTION 5. Section 355.102(e), Estates Code, is amended to
136	136	read as follows:
137	137	(e) Class 4 claims are composed of claims:
138	138	(1) for the principal amount of and accrued interest
139	139	on delinquent child support and child support arrearages that have
140	140	been:
141	141	(A) confirmed as a judgment or a determination of
142	142	arrearages by a court under Title 5, Family Code; or
143	143	(B) administratively determined by the Title
144	144	IV-D agency, as defined by Section 101.033, Family Code, in a Title
145	145	IV-D case, as defined by Section 101.034, Family Code; [and]
146	146	(2) for unpaid child support obligations under Section
147	147	154.015, Family Code; and
148	148	(3) for unpaid restitution for a sexual offense under
149	149	Article 42.0375, Code of Criminal Procedure, that resulted in the
150	150	victim becoming pregnant.
151	151	SECTION 6. Subchapter A, Chapter 154, Family Code, is
152	152	amended by adding Section 154.0091 to read as follows:
153	153	Sec. 154.0091. RETROACTIVE CHILD SUPPORT ON ADJUDICATION OR
154	154	ACKNOWLEDGMENT OF PATERNITY. (a) Notwithstanding any other
155	155	provision of this chapter or other law, in any order rendered under
156	156	Chapter 160, establishing a man's paternity of a child, or in any
157	157	suit to establish the child support obligation of a man whose
158	158	paternity has been established by the execution of a valid
159	159	acknowledgment of paternity in regard to the child under Subchapter
160	160	D, Chapter 160, the court shall order the man to pay retroactive
161	161	child support for the child beginning on the earliest possible date
162	162	of the child's conception, as determined by a physician.
163	163	(b) In ordering retroactive child support under this
164	164	section, the court shall apply the child support guidelines
165	165	provided by this chapter and, on a proper showing, order the man to
166	166	pay an equitable portion of all of the prenatal and postnatal health
167	167	care expenses of the mother and the child.
168	168	(c) Notwithstanding Section 157.261 or any other law,
169	169	interest does not begin to accrue on a retroactive child support
170	170	payment due under this section until the first anniversary of the
171	171	date the judge renders the order establishing the obligation.
172	172	SECTION 7. Section 154.122, Family Code, is amended by
173	173	adding Subsection (c) to read as follows:
174	174	(c) The presumption under Subsection (a) is rebutted if the
175	175	obligor contested parentage and the court rendered an order under
176	176	Chapter 160 establishing the obligor's paternity of the child. If
177	177	the presumption is rebutted under this subsection, the court shall
178	178	order the obligor to pay periodic child support in an amount equal
179	179	to 150 percent of the amount the court would otherwise order under
180	180	the child support guidelines.
181	181	SECTION 8. Section 154.131, Family Code, is amended by
182	182	amending Subsection (d) and adding Subsection (g) to read as
183	183	follows:
184	184	(d) The presumption created under this section may be
185	185	rebutted by evidence that:
186	186	(1) the obligor:
187	187	(A) [(1)] knew or should have known that the
188	188	obligor was the father of the child for whom support is sought; and
189	189	(B) [(2)] sought to avoid the establishment of a
190	190	support obligation to the child; or
191	191	(2) paternity has been established under Subsection
192	192	(g) for a man other than the obligor.
193	193	(g) If an obligor executed a valid acknowledgment of
194	194	paternity and on a later date an order rendered under Chapter 160
195	195	establishes that a man other than the obligor is the father of the
196	196	child who is the subject of the support order, the man who is the
197	197	subject of the order under Chapter 160 shall reimburse the obligor
198	198	for all child support previously paid by the obligor for the benefit
199	199	of the child.
200	200	SECTION 9. Section 160.636(g), Family Code, is amended to
201	201	read as follows:
202	202	(g) On a finding of parentage, the court shall [may] order
203	203	retroactive child support as provided by Section 154.0091 [Chapter
204	204	154 and, on a proper showing, order a party to pay an equitable
205	205	portion of all of the prenatal and postnatal health care expenses of
206	206	the mother and the child].
207	207	SECTION 10. Subchapter G, Chapter 160, Family Code, is
208	208	amended by adding Section 160.638 to read as follows:
209	209	Sec. 160.638. ESTABLISHMENT OF PATERNITY FOR SOLE PURPOSE
210	210	OF DETERMINING CHILD SUPPORT AND RESTITUTION OBLIGATIONS WHEN
211	211	COMMISSION OF SEXUAL OFFENSE RESULTED IN PREGNANCY; PARENT-CHILD
212	212	RELATIONSHIP NOT ESTABLISHED. Notwithstanding any other law, the
213	213	establishment under this subchapter of the paternity of a man whose
214	214	commission of a sexual offense to which Article 56B.1045, Code of
215	215	Criminal Procedure, applies resulted in the mother's pregnancy with
216	216	the child is for the sole purpose of determining the man's child
217	217	support obligation under Chapter 154 and the amount of restitution
218	218	to be ordered under Article 56B.1045, Code of Criminal Procedure,
219	219	and does not establish a parent-child relationship between the man
220	220	and the child.
221	221	SECTION 11. Subchapter C, Chapter 161, Health and Safety
222	222	Code, is amended by adding Section 161.025 to read as follows:
223	223	Sec. 161.025. HEALTH CARE PROVIDER DUTIES RELATED TO
224	224	PREGNANT WOMEN. A health care provider providing services to a
225	225	pregnant woman shall, at the time of the provider's first meeting
226	226	with the woman during her pregnancy, provide the pregnant woman
227	227	with written informational materials regarding the following laws:
228	228	(1) Article 42.0375, Code of Criminal Procedure;
229	229	(2) Article 56B.1045, Code of Criminal Procedure;
230	230	(3) Section 154.0091, Family Code;
231	231	(4) Section 154.122, Family Code; and
232	232	(5) Section 160.638, Family Code.
233	233	SECTION 12. Section 160.636(h), Family Code, is repealed.
234	234	SECTION 13. The changes in law made by this Act with respect
235	235	to an order adjudicating paternity apply only to an order rendered
236	236	on or after the effective date of this Act. An order adjudicating
237	237	paternity rendered before the effective date of this Act is
238	238	governed by the law in effect on the date the order is rendered, and
239	239	the former law is continued in effect for that purpose.
240	240	SECTION 14. The changes in law made by this Act with respect
241	241	to an acknowledgment of paternity apply only to an acknowledgment
242	242	of paternity executed on or after the effective date of this Act.
243	243	An acknowledgment of paternity executed before the effective date
244	244	of this Act is governed by the law in effect on the date the
245	245	acknowledgment is executed, and the former law is continued in
246	246	effect for that purpose.
247	247	SECTION 15. The changes in law made by Article 42.01, Code
248	248	of Criminal Procedure, as amended by this Act, and Articles
249	249	42.01915 and 42.0375, Code of Criminal Procedure, as added by this
250	250	Act, apply only to an offense committed on or after the effective
251	251	date of this Act. An offense committed before the effective date of
252	252	this Act is governed by the law in effect on the date the offense was
253	253	committed, and the former law is continued in effect for that
254	254	purpose. For purposes of this section, an offense was committed
255	255	before the effective date of this Act if any element of the offense
256	256	occurred before that date.
257	257	SECTION 16. The change in law made by Article 56B.1045, Code
258	258	of Criminal Procedure, as added by this Act, applies only to
259	259	compensation for criminally injurious conduct occurring on or after
260	260	the effective date of this Act. Compensation for criminally
261	261	injurious conduct occurring before the effective date of this Act
262	262	is governed by the law in effect on the date the conduct occurred,
263	263	and the former law is continued in effect for that purpose. For
264	264	purposes of this section, criminally injurious conduct occurred
265	265	before the effective date of this Act if any element of the offense
266	266	underlying the conduct occurred before that date.
267	267	SECTION 17. This Act takes effect September 1, 2023.