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AN ACT
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relating to restitution payments for the support of a child whose |
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parent or guardian is a victim of intoxication manslaughter. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 42, Code of Criminal Procedure, is |
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amended by adding Article 42.0375 to read as follows: |
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Art. 42.0375. MANDATORY RESTITUTION FOR CHILD OF VICTIM OF |
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INTOXICATION MANSLAUGHTER. (a) The court shall order a defendant |
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convicted of an offense under Section 49.08, Penal Code, to pay |
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restitution for a child whose parent or guardian was the victim of |
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the offense. |
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(b) Notwithstanding Article 42.037(g) and subject to |
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Subsection (c), the court shall determine an amount to be paid |
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monthly for the support of the child until the child reaches 18 |
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years of age or has graduated from high school, whichever is later. |
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(c) The defendant may not be required to pay restitution |
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under this article to an individual who is 19 years of age or older. |
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(d) The court shall determine an amount for restitution |
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under this article that is reasonable and necessary to support the |
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child, considering all relevant factors including: |
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(1) the financial needs and resources of the child; |
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(2) the financial needs and resources of the surviving |
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parent or guardian or other current guardian of the child or, if |
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applicable, the financial resources of the state if the Department |
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of Family and Protective Services has been appointed as temporary |
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or permanent managing conservator of the child; |
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(3) the standard of living to which the child is |
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accustomed; |
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(4) the physical and emotional condition of the child |
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and the child's educational needs; |
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(5) the child's physical and legal custody |
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arrangements; |
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(6) the reasonable work-related child care expenses of |
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the surviving parent or guardian or other current guardian, if |
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applicable; and |
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(7) the financial resources of the defendant. |
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(e) The order must require restitution payments to be: |
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(1) delivered in the manner described by Article |
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42.037(g-2)(1) or (3), as appropriate; and |
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(2) directed to the parent or guardian of the child or |
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the Department of Family and Protective Services, as applicable. |
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(f) If a defendant ordered to pay restitution under this |
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article is unable to make the required restitution payments because |
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the defendant is confined or imprisoned in a correctional facility, |
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the defendant shall begin payments not later than the first |
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anniversary of the date of the defendant's release from the |
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facility. The defendant may enter into a payment plan to address |
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any arrearage that exists on the date of the defendant's release. |
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The defendant must pay all arrearages regardless of whether the |
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restitution payments were scheduled to terminate while the |
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defendant was confined or imprisoned in the correctional facility. |
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(g) The amount of restitution paid under this article shall |
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be deducted from any civil judgment against the defendant as |
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provided by Article 42.037(f)(2). |
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(h) A restitution order issued under this article may be |
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enforced by the office of the attorney general, or by a person or a |
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parent or guardian of the person named in the order to receive the |
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restitution, in the same manner as a judgment in a civil action. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 393 was passed by the House on April |
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11, 2023, by the following vote: Yeas 142, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 393 was passed by the Senate on May |
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15, 2023, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |