Texas HB 4715: Relating to the establishment of paternity and the duty to pay child support and to victim restitution or compensation for certain sexual offenses resulting in pregnancy.

Bill Text

By:AAVasut H.B.ANo.A4715
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of paternity and the duty to pay child
support and to victim restitution or compensation for certain
sexual offenses resulting in pregnancy.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONA1.AAArticle 42.01, Code of Criminal Procedure, is
amended by adding Section 17 to read as follows:
Sec.A17.AAIn addition to the information described by
Section 1, the judgment should reflect affirmative findings entered
pursuant to Article 42.01915.
SECTIONA2.AAChapter 42, Code of Criminal Procedure, is
amended by adding Articles 42.01915 and 42.0375 to read as follows:
Art.A42.01915.AAFINDING REGARDING PREGNANCY RESULTING FROM
CERTAIN SEXUAL OFFENSES. In the trial of an offense under Section
21.02, 21.11(a)(1), 22.011, 22.021, or 25.02, Penal Code, the judge
shall make an affirmative finding of fact and enter the affirmative
finding in the judgment in the case if the judge determines that the
commission of the offense resulted in the victim becoming pregnant.
Art.A42.0375.AAMANDATORY RESTITUTION FOR PREGNANCY
RESULTING FROM CERTAIN SEXUAL OFFENSES. (a) The court shall order
a defendant convicted of an offense under Section 21.02,
21.11(a)(1), 22.011, 22.021, or 25.02, Penal Code, to pay
restitution for a child whose parent was the victim of the offense
if the judge:
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(1)AAhas made an affirmative finding under Article
42.01915; and
(2)AAdetermines that the child resulted from the
pregnancy that was the subject of the finding under Article
42.01915.
(b)AANotwithstanding Article 42.037(g) and subject to
Subsection (c), the court shall determine an amount to be paid by
the defendant monthly for the support of the child until the child
reaches 18 years of age or has graduated from high school, whichever
is later.
(c)AAThe defendant shall pay an amount equal to:
(1)AA200 percent of the amount of any child support
ordered under Chapter 154, Family Code, if the defendant has
executed a valid acknowledgment of paternity in regard to the
child; or
(2)AA350 percent of the amount of any child support
ordered under Chapter 154, Family Code, if the defendant contested
parentage of the child and the court rendered an order under Chapter
160, Family Code, establishing the defendant’s paternity of the
child.
(d)AAThe order must require restitution payments to be:
(1)AAdelivered in the manner described by Article
42.037(g-2)(1) or (3); and
(2)AAdirected to the parent or guardian of the child or
the Department of Family and Protective Services, as applicable.
(e)AAIf a defendant ordered to pay restitution under this
article is unable to make the required restitution payments because
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the defendant is confined or imprisoned in a correctional facility,
the defendant shall begin payments not later than the first
anniversary of the date of the defendant’s release from the
facility. The defendant may enter into a payment plan to address
any arrearage that exists on the date of the defendant’s release.
The defendant must pay all arrearages regardless of whether the
restitution payments were scheduled to terminate while the
defendant was confined or imprisoned in the correctional facility.
(f)AANotwithstanding Article 42.037(f)(2), the amount of
restitution paid under this article may not be deducted from any
civil judgment against the defendant or deducted from or reduce any
child support owed under Chapter 154, Family Code.
(g)AAA restitution order issued under this article 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.
SECTIONA3.AASubchapter C, Chapter 56B, Code of Criminal
Procedure, is amended by adding Article 56B.1045 to read as
follows:
Art.A56B.1045.AACOMPENSATION FOR PREGNANCY RESULTING FROM
CERTAIN SEXUAL OFFENSES. (a) This article applies to an applicant
for compensation under this chapter who is the victim of sexual
assault or an offense under Section 25.02, Penal Code, that
resulted in the applicant becoming pregnant.
(b)AANotwithstanding other law, pecuniary loss under this
article includes:
(1)AAmedical expenses for the birth of the child
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resulting from the pregnancy and for the child’s medical care; and
(2)AAexpenses incurred by the applicant relating to any
adoption of the child resulting from the pregnancy.
(c)AANotwithstanding Article 56B.107 or any other law, the
attorney general may not deny or reduce an award under this article
because the applicant for compensation has recouped the applicant’s
pecuniary loss from a collateral source, including from an order of
restitution under Article 42.0375.
(d)AAIf the compensation to victims of crime f