HBA-RBT H.B. 684 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 684
By: Solomons
Criminal Jurisprudence
2/26/1999
Introduced



BACKGROUND AND PURPOSE 

Between 1993 and 1997, the number of family violence incidents increased
each year, with 1997's total reaching 181,773.  Over that same period of
time, there was an annual average of 132 women killed by their intimate
male partner.  A person seeking protection from an abusive person is
reasonably entitled to believe that a protective order issued by a court
provides a certain degree of security.  H.B. 684 intends to increase the
deterrent effect of a protective order by providing that if an individual
is the subject of an order of protection, and that individual kills the
person protected by the order, then the individual is eligible for the
death penalty. 
 
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 19.03(a), Penal Code, to include in the list of
capital murders the murder of a person protected by specified orders of
protection, when the order was directed to the actor.  Makes conforming and
nonsubstantive changes. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.