BILL ANALYSIS


                                                     C.S.S.B. 284
                                                        By: Brown
                                                    Jurisprudence
                                                         01-31-95
                                   Committee Report (Substituted)
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 who 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.

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 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 by the victim.
     SECTION 2.     Emergency clause.
           Effective date: upon passage.