BILL ANALYSIS

H.B. 698

By: Neave Criado

Juvenile Justice & Family Issues

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Protective orders are essential legal tools available for victims or survivors of abuse. They prohibit assailants and perpetrators of family violence, human trafficking, child abuse, child sexual abuse, stalking, and sexual assault from interacting with victims. When a survivor has to see a perpetrator in court, the experience can be stressful or even dangerous. Often, the fear of facing one's perpetrator in court makes a survivor less likely to proceed with a protective order request.

H.B. 698 seeks to address these issues by codifying the existing practice of allowing courts to conduct virtual protective order hearings and modifications. Allowing courts to provide a virtual hearing option to survivors of domestic violence would give these survivors a greater sense of physical and emotional safety. Moreover, virtual hearings and modifications offer survivors more flexibility and save time.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 698 amends the Family Code to require an applicable court, on written request by an applicant or a witness who applies for or who is protected by a protective order relating to family violence, to provide a method by which the applicant or witness may give testimony or otherwise participate remotely in the hearing on the issuance or modification of the order, as applicable, unless the court finds there is good cause to deny the request to participate remotely.

H.B. 698 applies to a proceeding regarding a protective order for family violence that is pending on or filed on or after the bill's effective date.

EFFECTIVE DATE

September 1, 2023.