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AN ACT
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relating to the issuance of a writ of attachment in a civil suit for |
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certain sexual assaults. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 61, Civil Practice and |
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Remedies Code, is amended by adding Section 61.0021 to read as |
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follows: |
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Sec. 61.0021. GROUNDS FOR ATTACHMENT IN SUIT FOR SEXUAL |
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ASSAULT. (a) Notwithstanding any other provision of this code, |
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attachment is available to a plaintiff who: |
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(1) has general grounds for issuance under Sections |
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61.001(2) and (3); and |
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(2) institutes a suit for personal injury arising as a |
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result of conduct that violates: |
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(A) Section 22.011(a)(2), Penal Code (sexual |
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assault of a child); |
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(B) Section 22.021(a)(1)(B), Penal Code |
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(aggravated sexual assault of a child); |
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(C) Section 21.02, Penal Code (continuous sexual |
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abuse of young child or children); or |
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(D) Section 21.11, Penal Code (indecency with a |
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child). |
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(b) A court may issue a writ of attachment in a suit |
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described by Subsection (a) in an amount the court determines to be |
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appropriate to provide for the counseling and medical needs of the |
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plaintiff. |
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SECTION 2. Section 61.022, Civil Practice and Remedies |
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Code, is amended by amending Subsection (a) and adding Subsection |
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(a-1) to read as follows: |
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(a) Except as provided by Subsection (a-1), to [To] apply |
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for a writ of attachment, a plaintiff or the plaintiff's [his] agent |
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or attorney must file with the court an affidavit that states: |
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(1) general grounds for issuance under Sections |
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61.001(1), (2), and (3); |
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(2) the amount of the demand; and |
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(3) specific grounds for issuance under Section |
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61.002. |
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(a-1) To apply for a writ of attachment under Section |
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61.0021, a plaintiff or the plaintiff's agent or attorney must file |
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with the court an affidavit that states: |
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(1) general grounds for issuance under Sections |
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61.001(2) and (3); |
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(2) specific grounds for issuance under Section |
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61.0021(a); and |
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(3) the amount of the demand based on the estimated |
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cost of counseling and medical needs of the plaintiff. |
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SECTION 3. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. A cause of action that accrues before the effective date |
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of this Act is governed by the law in effect immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 4. This Act takes effect September 1, 2009. |
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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. 3246 was passed by the House on April |
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28, 2009, by the following vote: Yeas 149, 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. 3246 was passed by the Senate on May |
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21, 2009, 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 |