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.