|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the prosecution of the offense of criminal nonsupport. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 25.05, Penal Code, is amended by |
|
amending Subsection (a) and adding Subsection (a-1) to read as |
|
follows: |
|
(a) An individual commits an offense if the individual |
|
intentionally or knowingly fails to provide support for: |
|
(1) the individual's child younger than 18 years of |
|
age;[,] or |
|
(2) [for] the individual's child who is the subject of |
|
a court order requiring the individual to support the child. |
|
(a-1) For purposes of Subsection (a)(2), an individual |
|
knowingly fails to provide support for the individual's child if |
|
the individual knows or should have known that the individual or |
|
entity that is designated in the court order to initially receive a |
|
child support payment from the individual did not receive the |
|
payment on or before the fifth day after the due date for that |
|
payment as specified by the court order. |
|
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 when 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, 2009. |