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.