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A BILL TO BE ENTITLED
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AN ACT
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relating to an affirmative finding of family violence entered in |
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the trial of certain offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 42.013, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 42.013. FINDING OF FAMILY VIOLENCE. In the trial of an |
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offense under Title 5, Penal Code, or Section 25.07, 25.071, |
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25.072, 25.11, or 42.072, Penal Code, if the court determines that |
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the offense involved family violence, as defined by Section 71.004, |
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Family Code, the court shall make an affirmative finding of that |
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fact and enter the affirmative finding in the judgment of the case. |
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SECTION 2. Article 42A.504(b), Code of Criminal Procedure, |
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is amended to read as follows: |
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(b) If a judge grants community supervision to a defendant |
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convicted of an offense [under Title 5, Penal Code,] that the court |
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determines involves family violence, the judge shall require the |
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defendant to pay $100 to a family violence center that: |
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(1) receives state or federal funds; and |
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(2) serves the county in which the court is located. |
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SECTION 3. Section 81.0015, Family Code, is amended to read |
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as follows: |
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Sec. 81.0015. PRESUMPTION. For purposes of this subtitle, |
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there is a presumption that family violence has occurred and is |
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likely to occur in the future if: |
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(1) the respondent has been convicted of or placed on |
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deferred adjudication community supervision for any of the |
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following offenses against the child for whom the petition is |
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filed: |
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(A) an offense [under Title 5, Penal Code,] for |
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which the court has made an affirmative finding that the offense |
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involved family violence under Article 42.013, Code of Criminal |
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Procedure; or |
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(B) an offense under Title 6, Penal Code; |
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(2) the respondent's parental rights with respect to |
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the child have been terminated; and |
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(3) the respondent is seeking or attempting to seek |
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contact with the child. |
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SECTION 4. 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 was |
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committed before that date. |
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SECTION 5. This Act takes effect September 1, 2019. |