HBA-RBT H.B. 1763 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1763 By: Garcia Criminal Jurisprudence 4/1/1999 Introduced BACKGROUND AND PURPOSE Currently, domestic violence is punishable under the assault statutes and makes no distinction about whether children are present when the assault occurs. Tougher laws may help to break the cycle of domestic violence by deterring family members from displaying their violent behavior in front of children. H.B.1763 increases the punishment for assaults committed against a family member when a child is present. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 22.01, Penal Code, by amending Subsections (b) and (e), and adding Subsection (f), to increase the punishment from a Class A misdemeanor to felony of the third degree if an assault is committed against a member of the defendant's family or household, if at trial it is shown that the defendant has been previously been convicted of a violation of this section or Section 22.03 against a member of the defendant's family or household. Redefines "family" and defines "household." Provides that for the purpose of this section, a conviction occurs when a defendant is adjudged guilty or enters a plea of guilty or nolo contendere. SECTION 2. Amends Chapter 22, Penal Code, by adding Section 22.03, as follows: Sec. 22.03. FAMILY OR HOUSEHOLD VIOLENCE COMMITTED WITHIN VIEW OF CHILD. Defines "child," "family," and "household." Provides that a person, if witnessed by another member of the household who is a child, commits a state jail felony, if the person intentionally, knowingly, or recklessly causes bodily injury to a member of the person's family or a member of the person's household, and a Class B misdemeanor, if the person intentionally or knowingly threatens bodily injury to a member of the person's family or a member of the person's household. SECTION 3. Makes application of this Act prospective. SECTION 4. Effective date: September 1, 1999. SECTION 5. Emergency clause.