BILL ANALYSIS



S.B. 223
By: Zaffirini (Greenberg)
05-04-95
Committee Report (Unamended)


BACKGROUND

Victims of domestic violence have expressed concern that a released
batterer may attempt to find and harm them.  Providing notice to
the victims prior to release may enable the victim to find
alternate living arrangements or seek refuge.

PURPOSE

As proposed, S.B. 223 requires an agency holding a person in the
prevention of domestic violence to attempt to provide notice to the
victim prior to the person's release.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

Section 1 amends article 17.29, Code of Criminal Procedure, by
adding subsections b, c, and d.
Subsection (b) states that a victim of family violence shall be
notified if the alleged perpetrator is released.  It states what is
to be considered a reasonable attempt at notifying the victim. 
This subsection also requires the arresting officer to collect the
address and telephone number of the victim and relay the
information to the agency holding the alleged perpetrator, if it is
possible.
Subsection (c) releases the agency and employees of the agency from
any liability that might arise from complying or not complying with
Subsection (b).
Subsection (d) refers to the definition of "family violence."

Section 2 amends Chapter 42, Code of Criminal Procedure, by adding
Article 42.21.
Article 42.21 (a) states that a victim of family violence shall be
notified if the alleged perpetrator  is released.  It states what
is considered a reasonable attempt at notifying the victim.  This 
subsection also requires the arresting officer to collect the
address and telephone number of the victim and relay the
information to the agency holding the alleged perpetrator, if it is
possible.
Subsection (b) releases the agency and employees of the agency from
any liability that might arise from complying or not complying with
Subsection (a) of this article.
Subsection (c) refers to the definition of "family violence."

Section 3 is an emergency clause.

SUMMARY OF COMMITTEE ACTION

S.B. 223 was considered by the committee in a public hearing on May
2, 1995.  The bill was reported favorably without amendment, with
the recommendation that it do pass and be printed and be sent to
the Committee on Local and Consent Calendars, by a record voted of
7 ayes, 0 nays, 0 pnv, 2 absent.