HB 2046
AN ACT relating to an affirmative finding of family violence entered in
89th Regular Session
Jan 14, 2025 - Jun 2, 2025 • Session ended
Awaiting Committee Assignment
Bill filed, pending referral to House committee
Committee
Not yet assigned
Fiscal Note
Not available
What This Bill Does
Strengthens legal protections in family violence cases by requiring courts to formally document and record an affirmative finding of family violence when such offenses occur. When a defendant is convicted of a family violence offense, they will now be required to pay a $100 fine to a local family violence center that receives state or federal funding. The legislation also creates a legal presumption of family violence in child-related cases where a parent has been convicted of a qualifying offense and has had their parental rights terminated.
Subject Areas
Bill Text
relating to an affirmative finding of family violence entered in BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Article 42.013, Code of Criminal Procedure, is 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 SECTION 2. Article 42A.504(b), Code of Criminal Procedure, (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 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 (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 (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.
Bill Sponsors
Legislators who authored or co-sponsored this bill.
Bill History
Bill filed: AN ACT relating to an affirmative finding of family violence entered in
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