HBA-NRS H.B. 3491 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3491
By: Hinojosa
Public Safety
7/19/2001
Enrolled



BACKGROUND AND PURPOSE 

Family violence is the deliberate, often repetitive, physical abuse by one
family member against another. In incidences of alleged family violence,
police officers may be unable to identify the primary aggressor in the
incident and often arrest all parties involved. As a result, victims of the
incident are disqualified from receiving crime victim compensation, access
to emergency shelters, and other public benefits. Without these services,
victims may be less likely to leave the abusive relationship. Having the
victim arrested may also reinforce the batterer's actions and may provide
the batterer with another tool for controlling the relationship. House Bill
3491 requires training for officers and recruits in the investigation of
cases involving family violence to include instruction in preventing dual
arrest. 

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. 

ANALYSIS

House Bill 3491 amends the Occupations Code to require that the curriculum
used for training officers and recruits in the investigation of family
violence cases include instruction in preventing dual arrest whenever
possible and conducting a thorough investigation to determine which person
is the predominant aggressor when allegations of family violence from two
or more opposing persons are received arising from the same incident. 

EFFECTIVE DATE

September 1, 2001.