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.