Tex. Code of Crim. Proc. Article 42.0373
Mandatory Restitution for Child Witness of Family Violence


(a)

If after a conviction or a grant of deferred adjudication a court places a defendant on community supervision for an offense involving family violence, as defined by Section 71.004 (Family Violence), Family Code, the court shall determine from the complaint, information, indictment, or other charging instrument, the presentence report, or other evidence before the court whether:

(1)

the offense was committed in the physical presence of, or in the same habitation or vehicle occupied by, a person younger than 15 years of age; and

(2)

at the time of the offense, the defendant had knowledge or reason to know that the person younger than 15 years of age was physically present or occupied the same habitation or vehicle.

(b)

If the court determines both issues described by Subsection (a) in the affirmative, the court shall order the defendant to pay restitution in an amount equal to the cost of necessary rehabilitation, including medical, psychiatric, and psychological care and treatment, for a person described by Subsection (a)(1).

(c)

The court shall, after considering the financial circumstances of the defendant, specify in a restitution order issued under Subsection (b) the manner in which the defendant must pay the restitution. The order must require restitution payments to be delivered in the manner described by Article 42.037 (Restitution)(g-2)(3).

(d)

A restitution order issued under Subsection (b) 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.

(e)

The court may hold a hearing, make findings of fact, and amend a restitution order issued under Subsection (b) if the defendant fails to pay the person named in the order in the manner specified by the court.

(f)

A determination under this article may not be entered as an affirmative finding in the judgment for the offense for which the defendant was placed on community supervision.
Added by Acts 2015, 84th Leg., R.S., Ch. 1061 (H.B. 2159), Sec. 1, eff. September 1, 2015.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 4.03, eff. January 1, 2020.

Source: Article 42.0373 — Mandatory Restitution for Child Witness of Family Violence, https://statutes.­capitol.­texas.­gov/Docs/CR/htm/CR.­42.­htm#42.­0373 (accessed Mar. 23, 2024).

42.02
Sentence
42.04
Sentence When Appeal Is Taken
42.05
If Court Is About to Adjourn
42.07
Reasons to Prevent Sentence
42.08
Cumulative or Concurrent Sentence
42.10
Satisfaction of Judgment as in Misdemeanor Convictions
42.011
Judgment Affecting an Officer or Jailer
42.012
Finding that Controlled Substance Used to Commit Offense
42.013
Finding of Family Violence
42.014
Finding that Offense Was Committed Because of Bias or Prejudice
42.14
In Absence of Defendant
42.15
Fines and Costs
42.015
Finding of Age of Victim
42.016
Special Driver’s License or Identification Requirements for Certain Sex Offenders
42.16
On Other Judgment
42.017
Finding Regarding Age-based Offense
42.17
Transfer Under Treaty
42.018
Notice Provided by Clerk of Court
42.019
Motor Fuel Theft
42.20
Immunities
42.21
Notice of Release of Family Violence Offenders
42.22
Restitution Liens
42.023
Judge May Consider Alternative Sentencing
42.23
Notification of Court of Family Violence Conviction
42.24
Prohibiting Contact with Victim
42.025
Sentencing Hearing at Secondary School
42.25
Filing of Reporter Notes
42.033
Sentence to Serve Time During Off-work Hours
42.034
County Jail Work Release Program
42.035
Electronic Monitoring
42.036
Community Service
42.037
Restitution
42.038
Reimbursement for Confinement Expenses
42.039
Completion of Sentence in Federal Custody
42.111
Deferral of Proceedings in Cases Appealed to County Court
42.122
[Adult Probation Officers of the 222nd Judicial District
42.0131
Required Notice for Persons Convicted of Misdemeanors Involving Family Violence
42.141
Battering Intervention and Prevention Program
42.151
Fees for Abused Children’s Counseling
42.152
Repayment of Reward
42.0175
Finding Regarding Certain Health Care Professionals
42.0181
Notice of Theft, Fraud, Money Laundering, or Insurance Fraud Provided by Clerk of Court
42.0182
Findings Regarding Tax Fraud
42.0183
Notice of Family Violence Offenses Provided by Clerk of Court
42.0191
Finding Regarding Victims of Trafficking or Other Abuse
42.0192
Finding Regarding Offense Related to Performance of Public Service
42.0193
Finding Regarding Offense Related to Conduct of Certain Corrections Employees
42.0194
Finding Regarding Felony Conviction
42.0196
Finding Regarding Offense Related to Performance of Public Service
42.0197
Finding Regarding Gang-related Conduct
42.0198
Finding Regarding Delay in Arrest of Defendant
42.0199
Finding Regarding Diligent Participation Credit
42.0371
Mandatory Restitution for Kidnapped or Abducted Children
42.0372
Mandatory Restitution for Child Victims of Trafficking of Persons or Compelling Prostitution
42.0373
Mandatory Restitution for Child Witness of Family Violence
42.0375
Mandatory Restitution for Child of Victim of Intoxication Manslaughter
42.01991
Finding Regarding Agreement on Parole Eligibility for Certain Defendants

Accessed:
Mar. 23, 2024

Art. 42.0373’s source at texas​.gov