BILL ANALYSIS


                                                         S.B. 135
                                                      By: Shapiro
                                                 Criminal Justice
                                                          02-1-95
                                       Committee Report (Amended)

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 of the third degree
     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.