BILL ANALYSIS



S.B. 284
By: Brown (Moffat)
5-1-95
Committee Report (Unamended)

BACKGROUND

Victims of domestic violence may plan to leave an abusive partner
at a time when violence is not occurring. Many victims request
protective assistance from their local police department when they
attempt to leave. If the victim is not asking the police to
investigate a crime that has already been committed, this
assistance is often called a "civil standby".  Police departments,
which do not provide protective assistance to victims, have
expressed a fear of civil litigation as the barrier. They fear
being sued by the violent partner for "allowing" the victim to take
something that belongs to the batterer. Studies have shown that
police departments, which do provide this assistance, set forth
very strict guidelines for protecting a victim without making any
decisions regarding the division of property, and, consequently,
have never been sued.

PURPOSE

As proposed, S.B. 284 authorizes a peace officer to provide standby
assistance to a victim of family violence, but does not hold the
officer liable for the wrongful appropriation of any personal
property of the victim.

SECTION-BY-SECTION ANALYSIS

SECTION 1.  Amends Chapter 5, Code of Criminal Procedure, by adding
article 5.045, as follows:

     Art. 5.045. STANDBY ASSISTANCE; LIABILITY. (a) Authorizes a
peace officer, at the officer's discretion, to stay with a victim
of family violence to protect the victim and allow the victim to
take the victim's personal property or the child in the victim's
care to a place of safety.

     (b) Provides that an officer who provides assistance under
subsection (a) is not civilly liable for an act or omission of the
officer that arises in connection with providing the assistance or
determining whether to provide the assistance or civilly or
criminally liable for the wrongful appropriation of any personal
property of the victim.

SECTION 2.  Emergency clause - Effective immediately

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.

SUMMARY OF COMMITTEE ACTION

S.B. 284 was considered by the Civil Practices Committee in a
public hearing on April 5, 1995. The following person testified in
support of the bill: Georgie Rasco, representing the Texas Council
on Family Violence. The following person testified in opposition to
the bill: Bill Whitehurst, attorney, representing himself and the
Texas Trial Lawyers Association. The bill was referred to a
subcommittee consisting of Representatives Moffat (chair), Hilbert
and Tillery. After being recalled from subcommittee, the bill was
considered by the committee in a public hearing on April 26, 1995.
The bill was reported favorably, without amendment, with the
recommendation that it do pass and be printed, by a record vote of
five ayes, zero nays, zero pnv, and four absent.