This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.

 
 
  H.B. No. 2159
 
 
 
 
AN ACT
  relating to requiring the payment of restitution as a condition of
  community supervision for offenses involving family violence
  committed in the presence of certain children.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 42, Code of Criminal Procedure, is
  amended by adding Article 42.0373 to read as follows:
         Art. 42.0373.  MANDATORY RESTITUTION FOR CHILD WITNESS OF
  FAMILY VIOLENCE. (a) If after a conviction or a grant of deferred
  adjudication a court places a defendant on community supervision
  for an offense involving family violence, as defined by Section
  71.004, Family Code, the court shall determine from the complaint,
  information, indictment, or other charging instrument, the
  presentence report, or other evidence before the court whether:
               (1)  the offense was committed in the physical presence
  of, or in the same habitation or vehicle occupied by, a person
  younger than 15 years of age; and
               (2)  at the time of the offense, the defendant had
  knowledge or reason to know that the person younger than 15 years of
  age was physically present or occupied the same habitation or
  vehicle.
         (b)  If the court determines both issues described by
  Subsection (a) in the affirmative, the court shall order the
  defendant to pay restitution in an amount equal to the cost of
  necessary rehabilitation, including medical, psychiatric, and
  psychological care and treatment, for a person described by
  Subsection (a)(1).
         (c)  The court shall, after considering the financial
  circumstances of the defendant, specify in a restitution order
  issued under Subsection (b) the manner in which the defendant must
  pay the restitution. The order must require restitution payments to
  be delivered in the manner described by Article 42.037(g)(4)(iii).
         (d)  A restitution order issued under Subsection (b) may be
  enforced by the state, or by a person or a parent or guardian of the
  person named in the order to receive the restitution, in the same
  manner as a judgment in a civil action.
         (e)  The court may hold a hearing, make findings of fact, and
  amend a restitution order issued under Subsection (b) if the
  defendant fails to pay the person named in the order in the manner
  specified by the court.
         (f)  A determination under this article may not be entered as
  an affirmative finding in the judgment for the offense for which the
  defendant was placed on community supervision.
         SECTION 2.  The changes in law made by this Act apply 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 on the date 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, 2015.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2159 was passed by the House on May
  15, 2015, by the following vote:  Yeas 128, Nays 11, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 2159 on May 27, 2015, by the following vote:  Yeas 138, Nays 3,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2159 was passed by the Senate, with
  amendments, on May 25, 2015, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor