SRC-CDH S.B. 550 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 550
By: Moncrief
Criminal Justice
4-6-97
As Filed


DIGEST 

The present statute regarding a magistrate's orders for emergency
protection was passed during the 74th Legislature as a result of the
Senate Interim Committee on Domestic Violence, and enabled victims of
domestic violence and stalking to seek an emergency order from a
magistrate when the perpetrator was arrested.  While the new statute has
received much praise, various groups have offered suggestions for
fine-tuning and clean-up. 

Currently, an emergency protective order penalizes violations of the order
with the possibility of a felony-grade offense, a $10,000 fine,
imprisonment in prison for as much as 10 years, or both the fine and
imprisonment; and provides that subsequent violations may be punishable by
as much as 99 years in prison.  In addition, magistrates are not presently
authorized to prohibit the arrested party from committing an assault on,
communicating with, or going to or near, the person protected under the
order.  This legislation would grant magistrates such protective
authority; lessen the penalties for violation of an emergency protective
order to provide for not more than a $4,000 fine, jail for as long as a
year, or both; and would delete the provision regarding further
violations.  

PURPOSE

As proposed, S.B. 550 establishes the content of an emergency protective
order, and provides the penalties for violations of the order.    

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subsections (a), (b), and (e), Article 17.292, Code of
Criminal Procedure, to authorize a magistrate, in an order for emergency
protection, to prohibit the arrested party from committing an assault on,
communicating directly with, communicating a threat to, or going to or
near  the person protected under the order.  Requires an order for
emergency protection issued under this article to contain the following
statements printed in bold-face type or in capital letters:  "A violation
of this order by commission of an act prohibited by the order may be
punishable by a fine of as much as $4,000, rather than $10,000, or by
confinement in jail, rather than imprisonment in prison, for as long as
one year, rather than 10 years, or by both."  Deletes the provision in the
order authorizing further violations of the order to be punishable by as
many as 99 years in prison.  Makes conforming and standard recodification
changes.   

SECTION 2.  Effective date:  September 1, 1997.

SECTION 3.  Emergency clause.