HBA-RBT C.S.H.B. 1763 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1763
By: Garcia
Criminal Jurisprudence
4/26/1999
Committee Report (Substituted)



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.  Increased penalties may help to break the cycle of domestic
violence by deterring family members from displaying their violent behavior
in front of children.  C.S.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.  Provides that it is a state jail felony if it is shown on
the trial of the offense that the offense was committed in the presence of
another member of the defendant's family or household who at the time of
the offense was a child younger than 17.  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.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute differs from the original in SECTION 1 by amending Section
22.01, Penal Code, to provide that it is a state jail felony if it is shown
on the trial of the offense that the offense was committed in the presence
of another member of the defendant's family or household who at the time of
the offense was a child younger than 17.  

The substitute differs from the original by removing SECTION 2 of the
original which amended Chapter 22, Penal Code, by adding Section 22.03,
relating to assaults witnessed by child family members. 

The substitute differs from the original by redesignating SECTIONS 3-5 of
the original as SECTIONS 2-4 of the substitute.