Tex. Code of Crim. Proc. Article 42.0375
Mandatory Restitution for Child of Victim of Intoxication Manslaughter

(a)

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

(b)

Notwithstanding Article 42.037 (Restitution)(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;

(3)

the standard of living to which the child is accustomed;

(4)

the physical and emotional condition of the child and the child’s educational needs;

(5)

the child’s physical and legal custody arrangements;

(6)

the reasonable work-related child care expenses of the surviving parent or guardian or other current guardian, if applicable; and

(7)

the financial resources of the defendant.

(e)

The order must require restitution payments to be:

(1)

delivered in the manner described by Article 42.037 (Restitution)(g-2)(1) or (3), as appropriate; and

(2)

directed to the parent or guardian of the child or the Department of Family and Protective Services, as applicable.

(f)

If a defendant ordered to pay restitution under this article is unable to make the required restitution payments because the defendant is confined or imprisoned in a correctional facility, the defendant shall begin payments not later than the first anniversary of the date of the defendant’s release from the facility. The defendant may enter into a payment plan to address any arrearage that exists on the date of the defendant’s release. The defendant must pay all arrearages regardless of whether the restitution payments were scheduled to terminate while the defendant was confined or imprisoned in the correctional facility.

(g)

The amount of restitution paid under this article shall be deducted from any civil judgment against the defendant as provided by Article 42.037 (Restitution)(f)(2).

(h)

A restitution order issued under this article may be enforced by the office of the attorney general, 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.
Added by Acts 2023, 88th Leg., R.S., Ch. 305 (H.B. 393), Sec. 1, eff. September 1, 2023.

Source: Article 42.0375 — Mandatory Restitution for Child of Victim of Intoxication Manslaughter, https://statutes.­capitol.­texas.­gov/Docs/CR/htm/CR.­42.­htm#42.­0375 (accessed Apr. 29, 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 42.14
In Absence of Defendant 42.014
Finding that Offense Was Committed Because of Bias or Prejudice 42.15
Fines and Costs 42.015
Finding of Age of Victim 42.16
On Other Judgment 42.016
Special Driver’s License or Identification Requirements for Certain Sex Offenders 42.17
Transfer Under Treaty 42.017
Finding Regarding Age-based Offense 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
Green check means up to date. Up to date

Accessed:
Apr. 29, 2024

Art. 42.0375’s source at texas​.gov