Bill Text: TX HB4715 | 2023-2024 | 88th Legislature | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-04-19 - Left pending in committee [HB4715 Detail]
Download: Texas-2023-HB4715-Introduced.html
88R4680 MLH-D | ||
By: Vasut | H.B. No. 4715 |
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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: | ||
SECTION 1. Article 42.01, Code of Criminal Procedure, is | ||
amended by adding Section 17 to read as follows: | ||
Sec. 17. In addition to the information described by | ||
Section 1, the judgment should reflect affirmative findings entered | ||
pursuant to Article 42.01915. | ||
SECTION 2. Chapter 42, Code of Criminal Procedure, is | ||
amended by adding Articles 42.01915 and 42.0375 to read as follows: | ||
Art. 42.01915. FINDING 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. 42.0375. MANDATORY 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: | ||
(1) has made an affirmative finding under Article | ||
42.01915; and | ||
(2) determines that the child resulted from the | ||
pregnancy that was the subject of the finding under Article | ||
42.01915. | ||
(b) Notwithstanding 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) The defendant shall pay an amount equal to: | ||
(1) 200 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) 350 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) The order must require restitution payments to be: | ||
(1) delivered in the manner described by Article | ||
42.037(g-2)(1) or (3); and | ||
(2) directed to the parent or guardian of the child or | ||
the Department of Family and Protective Services, as applicable. | ||
(e) If a defendant ordered to pay restitution under this | ||
article is unable to make the required restitution payments because | ||
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) Notwithstanding 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) A 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. | ||
SECTION 3. Subchapter C, Chapter 56B, Code of Criminal | ||
Procedure, is amended by adding Article 56B.1045 to read as | ||
follows: | ||
Art. 56B.1045. COMPENSATION 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) Notwithstanding other law, pecuniary loss under this | ||
article includes: | ||
(1) medical expenses for the birth of the child | ||
resulting from the pregnancy and for the child's medical care; and | ||
(2) expenses incurred by the applicant relating to any | ||
adoption of the child resulting from the pregnancy. | ||
(c) Notwithstanding 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) If the compensation to victims of crime fund is unable | ||
to pay all claims under this chapter, the attorney general shall | ||
give priority to an applicant under this article. | ||
SECTION 4. Section 33.006(b), Education Code, is amended to | ||
read as follows: | ||
(b) In addition to a school counselor's responsibility | ||
under Subsection (a), the school counselor shall: | ||
(1) participate in planning, implementing, and | ||
evaluating a comprehensive developmental guidance program to serve | ||
all students and to address the special needs of students: | ||
(A) who are at risk of dropping out of school, | ||
becoming substance abusers, participating in gang activity, or | ||
committing suicide; | ||
(B) who are in need of modified instructional | ||
strategies; or | ||
(C) who are gifted and talented, with emphasis on | ||
identifying and serving gifted and talented students who are | ||
educationally disadvantaged; | ||
(2) consult with a student's parent or guardian and | ||
make referrals as appropriate in consultation with the student's | ||
parent or guardian; | ||
(3) consult with school staff, parents, and other | ||
community members to help them increase the effectiveness of | ||
student education and promote student success; | ||
(4) coordinate people and resources in the school, | ||
home, and community; | ||
(5) with the assistance of school staff, interpret | ||
standardized test results and other assessment data that help a | ||
student make educational and career plans; | ||
(6) deliver classroom guidance activities or serve as | ||
a consultant to teachers conducting lessons based on the school's | ||
guidance curriculum; [ |
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(7) serve as an impartial, nonreporting resource for | ||
interpersonal conflicts and discord involving two or more students, | ||
including accusations of bullying under Section 37.0832; and | ||
(8) in consultation with the student's parent, provide | ||
each pregnant student with written informational materials | ||
regarding the following laws: | ||
(1) Article 42.0375, Code of Criminal Procedure; | ||
(2) Article 56B.1045, Code of Criminal Procedure; | ||
(3) Section 154.0091, Family Code; | ||
(4) Section 154.122, Family Code; and | ||
(5) Section 160.638, Family Code. | ||
SECTION 5. Section 355.102(e), Estates Code, is amended to | ||
read as follows: | ||
(e) Class 4 claims are composed of claims: | ||
(1) for the principal amount of and accrued interest | ||
on delinquent child support and child support arrearages that have | ||
been: | ||
(A) confirmed as a judgment or a determination of | ||
arrearages by a court under Title 5, Family Code; or | ||
(B) administratively determined by the Title | ||
IV-D agency, as defined by Section 101.033, Family Code, in a Title | ||
IV-D case, as defined by Section 101.034, Family Code; [ |
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(2) for unpaid child support obligations under Section | ||
154.015, Family Code; and | ||
(3) for unpaid restitution for a sexual offense under | ||
Article 42.0375, Code of Criminal Procedure, that resulted in the | ||
victim becoming pregnant. | ||
SECTION 6. Subchapter A, Chapter 154, Family Code, is | ||
amended by adding Section 154.0091 to read as follows: | ||
Sec. 154.0091. RETROACTIVE CHILD SUPPORT ON ADJUDICATION OR | ||
ACKNOWLEDGMENT OF PATERNITY. (a) Notwithstanding any other | ||
provision of this chapter or other law, in any order rendered under | ||
Chapter 160, establishing a man's paternity of a child, or in any | ||
suit to establish the child support obligation of a man whose | ||
paternity has been established by the execution of a valid | ||
acknowledgment of paternity in regard to the child under Subchapter | ||
D, Chapter 160, the court shall order the man to pay retroactive | ||
child support for the child beginning on the earliest possible date | ||
of the child's conception, as determined by a physician. | ||
(b) In ordering retroactive child support under this | ||
section, the court shall apply the child support guidelines | ||
provided by this chapter and, on a proper showing, order the man to | ||
pay an equitable portion of all of the prenatal and postnatal health | ||
care expenses of the mother and the child. | ||
(c) Notwithstanding Section 157.261 or any other law, | ||
interest does not begin to accrue on a retroactive child support | ||
payment due under this section until the first anniversary of the | ||
date the judge renders the order establishing the obligation. | ||
SECTION 7. Section 154.122, Family Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) The presumption under Subsection (a) is rebutted if the | ||
obligor contested parentage and the court rendered an order under | ||
Chapter 160 establishing the obligor's paternity of the child. If | ||
the presumption is rebutted under this subsection, the court shall | ||
order the obligor to pay periodic child support in an amount equal | ||
to 150 percent of the amount the court would otherwise order under | ||
the child support guidelines. | ||
SECTION 8. Section 154.131, Family Code, is amended by | ||
amending Subsection (d) and adding Subsection (g) to read as | ||
follows: | ||
(d) The presumption created under this section may be | ||
rebutted by evidence that: | ||
(1) the obligor: | ||
(A) [ |
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obligor was the father of the child for whom support is sought; and | ||
(B) [ |
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support obligation to the child; or | ||
(2) paternity has been established under Subsection | ||
(g) for a man other than the obligor. | ||
(g) If an obligor executed a valid acknowledgment of | ||
paternity and on a later date an order rendered under Chapter 160 | ||
establishes that a man other than the obligor is the father of the | ||
child who is the subject of the support order, the man who is the | ||
subject of the order under Chapter 160 shall reimburse the obligor | ||
for all child support previously paid by the obligor for the benefit | ||
of the child. | ||
SECTION 9. Section 160.636(g), Family Code, is amended to | ||
read as follows: | ||
(g) On a finding of parentage, the court shall [ |
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retroactive child support as provided by Section 154.0091 [ |
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SECTION 10. Subchapter G, Chapter 160, Family Code, is | ||
amended by adding Section 160.638 to read as follows: | ||
Sec. 160.638. ESTABLISHMENT OF PATERNITY FOR SOLE PURPOSE | ||
OF DETERMINING CHILD SUPPORT AND RESTITUTION OBLIGATIONS WHEN | ||
COMMISSION OF SEXUAL OFFENSE RESULTED IN PREGNANCY; PARENT-CHILD | ||
RELATIONSHIP NOT ESTABLISHED. Notwithstanding any other law, the | ||
establishment under this subchapter of the paternity of a man whose | ||
commission of a sexual offense to which Article 56B.1045, Code of | ||
Criminal Procedure, applies resulted in the mother's pregnancy with | ||
the child is for the sole purpose of determining the man's child | ||
support obligation under Chapter 154 and the amount of restitution | ||
to be ordered under Article 56B.1045, Code of Criminal Procedure, | ||
and does not establish a parent-child relationship between the man | ||
and the child. | ||
SECTION 11. Subchapter C, Chapter 161, Health and Safety | ||
Code, is amended by adding Section 161.025 to read as follows: | ||
Sec. 161.025. HEALTH CARE PROVIDER DUTIES RELATED TO | ||
PREGNANT WOMEN. A health care provider providing services to a | ||
pregnant woman shall, at the time of the provider's first meeting | ||
with the woman during her pregnancy, provide the pregnant woman | ||
with written informational materials regarding the following laws: | ||
(1) Article 42.0375, Code of Criminal Procedure; | ||
(2) Article 56B.1045, Code of Criminal Procedure; | ||
(3) Section 154.0091, Family Code; | ||
(4) Section 154.122, Family Code; and | ||
(5) Section 160.638, Family Code. | ||
SECTION 12. Section 160.636(h), Family Code, is repealed. | ||
SECTION 13. The changes in law made by this Act with respect | ||
to an order adjudicating paternity apply only to an order rendered | ||
on or after the effective date of this Act. An order adjudicating | ||
paternity rendered before the effective date of this Act is | ||
governed by the law in effect on the date the order is rendered, and | ||
the former law is continued in effect for that purpose. | ||
SECTION 14. The changes in law made by this Act with respect | ||
to an acknowledgment of paternity apply only to an acknowledgment | ||
of paternity executed on or after the effective date of this Act. | ||
An acknowledgment of paternity executed before the effective date | ||
of this Act is governed by the law in effect on the date the | ||
acknowledgment is executed, and the former law is continued in | ||
effect for that purpose. | ||
SECTION 15. The changes in law made by Article 42.01, Code | ||
of Criminal Procedure, as amended by this Act, and Articles | ||
42.01915 and 42.0375, Code of Criminal Procedure, as added 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 16. The change in law made by Article 56B.1045, Code | ||
of Criminal Procedure, as added by this Act, applies only to | ||
compensation for criminally injurious conduct occurring on or after | ||
the effective date of this Act. Compensation for criminally | ||
injurious conduct occurring before the effective date of this Act | ||
is governed by the law in effect on the date the conduct occurred, | ||
and the former law is continued in effect for that purpose. For | ||
purposes of this section, criminally injurious conduct occurred | ||
before the effective date of this Act if any element of the offense | ||
underlying the conduct occurred before that date. | ||
SECTION 17. This Act takes effect September 1, 2023. |