HBA-KDB H.B. 508 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 508 By: Allen Criminal Jurisprudence 4/8/2001 Introduced BACKGROUND AND PURPOSE There is concern that there are no enhanced penalties for excessive violations of protective orders or for offenses involving obstruction or retaliation. In addition, there is no penalty for an offense committed for remuneration. House Bill 508 enhances the penalties for certain violations of a protective order and for an offense involving obstruction or retaliation, and provides penalties for an offense committed for remuneration. 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 508 amends the Penal Code to establish penalties for certain offenses committed for remuneration, the promise of remuneration, for obstruction or retaliation, or in violation of a protective order. The bill provides that if a judge or jury finds beyond reasonable doubt that a defendant committed an offense for remuneration or the promise of remuneration, the punishment for the offense is increased to the punishment prescribed for the next highest category of offense. The bill provides that if the offense is a Class A misdemeanor, the minimum term of confinement is increased to 180 days. H.B. 508 provides that if a judge or jury finds beyond a reasonable doubt that a defendant violated a protective order by committing a Class A or Class B misdemeanor, the offense is a third degree felony. The bill provides that if a judge or jury finds beyond a reasonable doubt that the defendant violated the protective order by committing a felony, the offense is a second degree felony. H.B. 508 provides that if the underlying unlawful act in an offense of obstruction or retaliation is a third degree felony, the punishment for obstruction or retaliation is increased to a second degree felony. If the underlying offense is a second degree felony, the punishment is increased to a first degree felony. EFFECTIVE DATE September 1, 2001.