BILL ANALYSIS S.B. 224 By: Zaffirini (Danburg) May 17, 1995 Committee Report (Unamended) BACKGROUND Medical professionals are in a position to report domestic violence and in some cases, are the first with the ability to report the crime. PURPOSE As proposed, S.B. 224 requires certain persons to report domestic violence and provides legal protection for persons who report such violence. 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 Title 4, Family Code, by adding Chapter 73, as follows: CHAPTER 73. REPORTING FAMILY VIOLENCE Sec. 73.01. DEFINITIONS. Defines "family violence" and "medical professional." Sec. 73.02. REPORTING BY WITNESSES ENCOURAGED. Provides that a person who witnesses family violence is encouraged to report the family violence to a local law enforcement agency. Sec. 73.03. INFORMATION PROVIDED BY MEDICAL PROFESSIONALS. Requires a medical professional who treats a person for injuries that the medical professional has reason to believe were caused by family violence to immediately provide the person with information regarding the nearest family violence shelter-center; and document in the person's medical file certain information. Sets forth the form of the written notice the medical professional is required to give the person, which is to be in both English and Spanish. Sec. 73.04. IMMUNITY. (a) Grants immunity from civil or criminal liability to a person who reports family violence or provides information under Section 73.03. (b) Provides that a person who reports the person's own conduct or reports family violence in bad faith is not protected from liability. Sec. 73.05. APPLICATION OF CHAPTER. Provides that this chapter does not affect a duty to report child abuse under Chapter 34. SECTION 2. Effective date: September 1, 1995. SECTION 3. Emergency clause. SUMMARY OF COMMITTEE ACTION S.B. 224 was considered in a public hearing on May 10, 1995, and was left pending. In a formal meeting on May 17, 1995, the committee considered a complete substitute for the bill which was adopted without objection. S.B. 224 was reported favorably without amendments with the recommendation that it do pass and be printed by a record vote of 6 ayes, 0 nays, 1 pnv, 2 absent.