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AN ACT
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relating to requiring the payment of restitution as a condition of |
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community supervision for offenses involving family violence |
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committed in the presence of certain children. |
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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 42.0373 to read as follows: |
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Art. 42.0373. MANDATORY RESTITUTION FOR CHILD WITNESS OF |
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FAMILY VIOLENCE. (a) If after a conviction or a grant of deferred |
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adjudication a court places a defendant on community supervision |
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for an offense involving family violence, as defined by Section |
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71.004, Family Code, the court shall determine from the complaint, |
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information, indictment, or other charging instrument, the |
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presentence report, or other evidence before the court whether: |
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(1) the offense was committed in the physical presence |
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of, or in the same habitation or vehicle occupied by, a person |
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younger than 15 years of age; and |
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(2) at the time of the offense, the defendant had |
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knowledge or reason to know that the person younger than 15 years of |
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age was physically present or occupied the same habitation or |
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vehicle. |
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(b) If the court determines both issues described by |
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Subsection (a) in the affirmative, the court shall order the |
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defendant to pay restitution in an amount equal to the cost of |
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necessary rehabilitation, including medical, psychiatric, and |
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psychological care and treatment, for a person described by |
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Subsection (a)(1). |
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(c) The court shall, after considering the financial |
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circumstances of the defendant, specify in a restitution order |
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issued under Subsection (b) the manner in which the defendant must |
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pay the restitution. The order must require restitution payments to |
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be delivered in the manner described by Article 42.037(g)(4)(iii). |
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(d) A restitution order issued under Subsection (b) may be |
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enforced by the state, or by a person or a parent or guardian of the |
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person named in the order to receive the restitution, in the same |
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manner as a judgment in a civil action. |
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(e) The court may hold a hearing, make findings of fact, and |
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amend a restitution order issued under Subsection (b) if the |
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defendant fails to pay the person named in the order in the manner |
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specified by the court. |
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(f) A determination under this article may not be entered as |
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an affirmative finding in the judgment for the offense for which the |
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defendant was placed on community supervision. |
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SECTION 2. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 3. This Act takes effect September 1, 2015. |
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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. 2159 was passed by the House on May |
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15, 2015, by the following vote: Yeas 128, Nays 11, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2159 on May 27, 2015, by the following vote: Yeas 138, Nays 3, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2159 was passed by the Senate, with |
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amendments, on May 25, 2015, by the following vote: Yeas 31, Nays |
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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 |