78R6767 JMM-D

By:  Gattis                                                       H.B. No. 2145



A BILL TO BE ENTITLED

AN ACT

relating to the punishment of the offense of criminal nonsupport of 
a child.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 25.05, Penal Code, is amended by 
amending Subsection (f) and adding Subsection (g) to read as 
follows:
	(f)  Except as provided by Subsection (g), an [An] offense 
under this section is a state jail felony.
	(g)  An offense under this section committed by an individual  
who fails to support the individual's child who is the subject of a 
court order requiring the individual to support the child is 
punishable as:
		(1)  a state jail felony if the amount of unpaid support 
under the court order is less than $20,000;
		(2)  a felony of the third degree if the amount of 
unpaid support under the court order is at least $20,000 but less 
than $100,000;
		(3)  a felony of the second degree if the amount of 
unpaid support under the court order is at least $100,000 but less 
than $200,000; and
		(4)  a felony of the first degree if the amount of 
unpaid support under the court order is at least $200,000.
	SECTION 2.  (a) This Act takes effect September 1, 2003.                       
	(b)  The change in law made by this Act applies only to an 
offense committed on or after the effective date of this Act.  For 
purposes of this section, an offense is committed before the 
effective date of this Act if any element of the offense occurs 
before the effective date.
	(c)  An offense committed before the effective date of this 
Act is covered by the law in effect when the offense was committed, 
and the former law is continued in effect for that purpose.