bill widening family violence findings to the whole Penal Code

The text as introduced · 410 words

89R10692 JSC-F

By: A. Davis of Dallas
H.B. No. 2046

A BILL TO BE ENTITLED

AN ACT

relating to an affirmative finding of family violence entered in

the trial of certain offenses.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 42.013, Code of Criminal Procedure, is

amended to read as follows:

Art. 42.013. FINDING OF FAMILY VIOLENCE. In the trial of an

offense under any provision of the [ Title 5, ] Penal Code, if the

court determines that the offense involved family violence, as

defined by Section 71.004, Family Code, the court shall make an

affirmative finding of that fact and enter the affirmative finding

in the judgment of the case.

SECTION 2. Article 42A.504(b), Code of Criminal Procedure,

is amended to read as follows:

(b) If a judge grants community supervision to a defendant

convicted of an offense [ under Title 5, Penal Code, ] that the court

determines involves family violence, the judge shall require the

defendant to pay a fine of $100 to a family violence center that:

(1) receives state or federal funds; and

(2) serves the county in which the court is located.

SECTION 3. Section 81.0015, Family Code, is amended to read

as follows:

Sec. 81.0015. PRESUMPTION. For purposes of this subtitle,

there is a presumption that family violence has occurred if:

(1) the respondent has been convicted of or placed on

deferred adjudication community supervision for any of the

following offenses against the child for whom the petition is

filed:

(A) an offense [ under Title 5, Penal Code, ] for

which the court has made an affirmative finding that the offense

involved family violence under Article 42.013, Code of Criminal

Procedure; or

(B) an offense under Title 6, Penal Code; and

(2) the respondent's parental rights with respect to

the child have been terminated.

SECTION 4. Articles 42.013 and 42A.504(b), Code of Criminal

Procedure, as amended 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 was committed before that date.

SECTION 5. This Act takes effect September 1, 2025.