BILL ANALYSIS S.B. 134 By: Shapiro (Thompson) May 11, 1995 Committee Report (Unamended) BACKGROUND Before the Penal Code was revised by the 73rd Legislature, assaults committed by a family member against another family member carried stiffly enhanced penalties. The punishment was increased to a third degree felony, depending on the circumstances of the attack and the offender's previous criminal history. The strongest enhancement for domestic violence assaults under the new Penal Code increases the penalty for a Class A misdemeanor from 90 days to one year in jail, if the offender has previously been convicted of a Class A misdemeanor or any felony. Some advocates believe that this enhancement does not provide a suitably powerful penalty. PURPOSE As proposed, C.S.S.B. 134 provides higher penalties for certain repeated offenses committed against family members. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 22.01, Penal Code, by amending Subsection (b) and adding Subsection (d), as follows: (b) Provides that an offense under Subsection (a)(1) is a state jail felony if the offense was committed against a family member and the defendant has been previously convicted of an offense under this section two or more times. (d) Defines "family." SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 1995. SECTION 4. Emergency clause. SUMMARY OF COMMITTEE ACTION SB 134 was referred directly to the Assault Crimes Subcommittee consisting of Representatives Greenberg, Farrar, Pitts. SB 134 was considered by the subcommittee in a formal meeting on April 6, 1995. The bill was reported favorably without amendment to the full committee by a record vote of 3 ayes, 0 nays, 0 pnv, and 0 absent. SB 134 was considered on subcommittee report by the full committee in a formal meeting on May 11, 1995. SB 134 was reported favorably without amendment, with the recommendation that it do pass and be printed by a record vote of 6 ayes, 0 nays, 0 pnv, and 3 absent.