Texas Code of Criminal Procedure

§ 42.0375 — MANDATORY RESTITUTION FOR CHILD OF VICTIM OF INTOXICATION MANSLAUGHTER

CR § 42.0375Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 42. JUDGMENT AND SENTENCE

Statute text

(a)The court shall order a defendant convicted of an offense under Section 49.08, Penal Code, to pay restitution for a child whose parent or guardian was the victim of the offense.

(b)Notwithstanding Article 42.037(g) and subject to Subsection (c), the court shall determine an amount to be paid 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 may not be required to pay restitution under this article to an individual who is 19 years of age or older.

(d)The court shall determine an amount for restitution under this article that is reasonable and necessary to support the child, considering all relevant factors including:

(1)the financial needs and resources of the child;

(2)the financial needs and resources of the surviving parent or guardian or other current guardian of the child or, if applicable, the financial resources of the state if the Department of Family and Protective Services has been appointed as temporary or permanent managing conservator of the child;

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Legislative history

Added by Acts 2023, 88th Leg., R.S., Ch. 305 (H.B. 393), Sec. 1, eff. September 1, 2023.