BILL ANALYSIS
S.B. 135
By: Shapiro (Thompson)
May 19, 1995
Committee Report (Unamended)
BACKGROUND
The Revised Penal Code, passed by the 73rd Legislature, decreased
the enhancement for protective order violations. Under the old
code, violating a protective order was a Class A misdemeanor unless
the offender had previously violated protective orders at least
twice, in which case the offense was a third degree felony. Under
the current code, violating a protective order is a Class A
misdemeanor unless the offender has previously been convicted of a
Class A misdemeanor or any felony, in which case the offense is
punishable by 90 days to a year in jail.
PURPOSE
As proposed, S.B. 135 provides higher penalties for violators of
protective orders.
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 25.07(g), Penal Code, as follows:
(g) Provides that the offense of violating a protective order
under this section is a state jail felony if the defendant has
previously been convicted two or more times under this
section.
SECTION 2. Makes application of this Act prospective.
SECTION 3. Effective date: September 1, 1995.
SECTION 4. Emergency clause.
SUMMARY OF COMMITTEE ACTION
SB 135 was referred directly to the Assault Crimes Subcommittee
consisting of Representatives Greenberg, Farrar, Pitts. SB 135 was
considered by the subcommittee in a formal meeting on March 22,
1995. The subcommittee considered a complete committee substitute.
The substitute was adopted without objection. The bill was
reported favorably as substituted, to the full committee by a
record vote of 3 ayes, 0 nays, 0 pnv, and 0 absent. SB 135 was
considered on subcommittee report by the full committee on May 19,
1995. SB 135 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.