Office of House Bill AnalysisH.B. 2124
By: Cuellar
Juvenile Justice and Family Issues


Currently, a magistrate is authorized to issue an order for emergency
protection in a case involving family violence.  The order prevents the
defendant from going within 200 yards of the victim for 31 days.  In many
cases, however, the magistrate does not issue an order for emergency
protection.  A victim of domestic violence who is not under such an order
may be in danger if the defendant is released from jail.  H.B. 2124
requires a magistrate to issue an order for emergency protection in a
family violence case.  It also modifies the definitions of "notice" and
"family violence" and removes the presumption that  a possession order for
a child is in the best interest of the child if the child's conservator has
a history of family violence.   


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 1.  Amends Article 17.292(a), Code of Criminal Procedure, to
require, rather than authorize, a magistrate to issue an order for
emergency protection at a defendant's appearance before the magistrate for
an offense involving family violence or an offense under Section 42.072,
Penal Code (Stalking).  Makes a conforming change. 

SECTION 2.  Amends Section 30.05(b)(2), Penal Code, to include in the
definition of "notice" a written communication contained in a court order
posted on the property or delivered to a person that prohibits the person
from going to or near a specific location, including a temporary ex parte
order or a protective order rendered under Title 4, Family Code (Protective
Orders and Family Violence), or a magistrate's order for emergency
protection rendered under Article 17.292, Code of Criminal Procedure
(Magistrate's Order for Emergency Protection).   

SECTION 3.  Amends Section 71.004, Family Code, to redefine a provision of
the definition of "family violence" to specify that a member of a family or
household is reasonably placed in fear of physical harm, bodily injury,
assault, or sexual assault rather than in fear of imminent physical harm,
bodily injury, assault, or sexual assault. 

SECTION 4.  Amends Section 153.252, Family Code, to provide that a finding
under Section 153.004 (History of Domestic Violence) of a history of family
violence committed by the parent of a child removes the presumption that
the standard possession order provides reasonable minimum possession of a
child for a parent named as possessory conservator or joint managing
conservator and is in the best interest of the child. 

SECTION 5.  Makes application of Section 2 of this Act prospective.

SECTION 6.  Makes application of Section 4 of this Act prospective.

SECTION 7.  Effective date: September 1, 1999.

SECTION 8.  Emergency clause.