HBA-SEB S.B. 1124 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1124
By: Armbrister
Criminal Jurisprudence
5/10/1999
Engrossed



BACKGROUND AND PURPOSE 

Currently, state law does not prohibit a judge from referring or ordering a
victim or a defendant to participate in mediation, dispute resolution,
arbitration, or a similar procedure.  S.B. 1124 prohibits a court from
referring or ordering a victim or a defendant in a case involving family
violence to participate in mediation, dispute resolution, arbitration, or a
similar procedure. 

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 Chapter 5, Code of Criminal Procedure, by adding Article
5.08, as follows: 

Art. 5.08.  MEDIATION IN FAMILY VIOLENCE CASES.  Prohibits a court from
referring or ordering a victim or the defendant involved in a criminal
prosecution arising from family violence to mediation, dispute resolution,
arbitration, or other similar procedures, notwithstanding Article 26.13(g)
(regarding referral to a mediation program before accepting a guilty plea)
or Section 11(a)(16), Article 42.12 (regarding victim-defendant mediation
in a misdemeanor case), Code of Criminal Procedure. 

SECTION 2.Emergency clause.
  Effective date: upon passage.