By Puente                                             H.B. No. 1941
       74R3719 JMM-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the offense of violating a protective order against
    1-3  family violence.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 25.07, Penal Code, is amended by amending
    1-6  Subsection (g) and adding Subsection (h) to read as follows:
    1-7        (g)  Except as provided by Subsection (h), an <An> offense
    1-8  under this section is a Class A misdemeanor.
    1-9        (h)  If it is shown on the trial of an offense under this
   1-10  section that the defendant has previously been convicted of an
   1-11  offense under this section:
   1-12              (1)  one time, the offense is punishable by:
   1-13                    (A)  a fine not to exceed $4,000;
   1-14                    (B)  confinement in jail for a term not to exceed
   1-15  two years; or
   1-16                    (C)  both such fine and confinement; or
   1-17              (2)  two or more times, the offense is punishable by:
   1-18                    (A)  a fine not to exceed $4,000; and
   1-19                    (B)  confinement in jail for a term of two years.
   1-20        SECTION 2.  Section 12, Article 42.12, Code of Criminal
   1-21  Procedure, is amended by adding Subsection (d) to read as follows:
   1-22        (d)  A judge granting community supervision to a defendant
   1-23  convicted of an offense under Section 25.07, Penal Code, shall
   1-24  require as a condition of community supervision that the defendant
    2-1  submit to 30 days of detention in jail if the person was punished
    2-2  under Section 25.07(h)(2), Penal Code.
    2-3        SECTION 3.  (a)  This Act takes effect September 1, 1995.
    2-4        (b)  The change in law made by this Act applies only to an
    2-5  offense committed on or after the effective date of this Act.  For
    2-6  purposes of this section, an offense is committed before the
    2-7  effective date of this Act if any element of the offense occurs
    2-8  before the effective date.
    2-9        (c)  An offense committed before the effective date of this
   2-10  Act is covered by the law in effect when the offense was committed,
   2-11  and the former law is continued in effect for that purpose.
   2-12        SECTION 4.  The importance of this legislation and the
   2-13  crowded condition of the calendars in both houses create an
   2-14  emergency and an imperative public necessity that the
   2-15  constitutional rule requiring bills to be read on three several
   2-16  days in each house be suspended, and this rule is hereby suspended.