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Senate Bill 91 |
Senate Author: Hinojosa et al. |
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Effective: 9-1-05 |
House Sponsor: Riddle |
Senate Bill 91 amends provisions of the Penal Code to authorize a previous felony conviction for assault against a person who is in a dating relationship with, a family member of, or in a household with the perpetrator to be used as a factor to enhance the punishment from a Class A misdemeanor to a third degree felony for any subsequent assaultive offense, criminal homicide, kidnapping, aggravated kidnapping, or indecency with a child perpetrated against a person within one of the categories described above, whether the subsequent offense is punishable as a felony or a misdemeanor. The bill provides that a conviction under the laws of another state for an offense containing elements that are substantially similar to the elements of assaultive offense, criminal homicide, kidnapping, aggravated kidnapping, or indecency with a child under Texas law can be used to enhance the penalty as well. Senate Bill 91 provides that punishment for an offense for aggravated assault is enhanced from a second degree felony to a first degree felony if the perpetrator uses a deadly weapon during the commission of the assault and causes serious bodily injury to a person who is in a dating relationship with, a family member of, or in a household with the perpetrator, under certain circumstances. Additionally, the bill amends the Code of Criminal Procedure to authorize a peace officer to arrest without a warrant a person the officer has probable cause to believe has committed any offense involving family violence, including an offense against a dating partner, rather than only an assaultive offense resulting in bodily injury perpetrated against a member of the family or household.