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.