HBA-SEB H.B. 2124 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2124 By: Cuellar Juvenile Justice and Family Issues 3/12/1999 Introduced BACKGROUND AND PURPOSE 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. 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 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.