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.