HB2046 - Relating to an affirmative finding of family violence entered in the trial of certain offenses.

  89R10692 JSC-F     By: A. Davis of Dallas, Jones of Harris 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.