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.