BILL ANALYSIS

H.B. 2046

By: Davis, Aicha

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The bill author has informed the committee that, under current state law, the court must make and enter an affirmative finding of family violence only for offenses against the person but that perpetrators of family violence often commit offenses such as burglary, stalking, harassment, aggravated robbery, theft, fraud, arson, and more in the course of their abuse. The bill author has further informed the committee that this loophole in current law enables bad actors while tying the hands of prosecutors and curtailing the ability of the courts to deliver justice to survivors. H.B. 2046 seeks to remedy this issue by expanding to all Penal Code offenses for which an applicable court must enter an affirmative finding of family violence, including the fine to a family violence center.

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. 2046 amends the Code of Criminal Procedure to expand the offenses for which a court, subject to a determination that the offense involved family violence, must make an affirmative finding of that fact from offenses against the person to any offense under the Penal Code.

H.B. 2046 also expands the offenses for which a convicted defendant is required to pay a fine of $100 to a family violence center if the court determines the offense involves family violence and the defendant is granted community supervision from offenses against the person to any offense.

H.B. 2046 amends the Family Code to make a conforming change.

H.B. 2046 applies only to an offense committed on or after the bill's effective date. An offense committed before the bill's effective date is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For these purposes, an offense was committed before the bill's effective date if any element of the offense was committed before that date.

EFFECTIVE DATE

September 1, 2025.