SRC-JXG H.B. 1763 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 1763
By: Garcia (Nelson)
Criminal Justice
5/14/1999
Engrossed


DIGEST 

Currently, domestic violence is punishable under the assault statutes and
makes no distinction about whether children are present when the assault
occurs.  H.B. 1763 would increase the punishment for assaults committed
against a family member when a child is present. 

PURPOSE

As proposed, H.B. 1763 increases the prosecution and punishment of assaults
committed against a family member when a child is present. 

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 Section 22.01, Penal Code, by amending Subsections (b)
and (e) and adding Subsections (f), (g), and (h), as follows: 

(b) Provides that an offense under Subsection (a)(1) is a Class A
misdemeanor, except that the offense is a felony of the third degree if the
offense is committed against a member of the defendant's family or
household, if it is shown on trial of the offense that the defendant:  has
been previously convicted of an offense against a member of the defendant's
family or household under this section, or in committing the offense which
caused the death of an unborn child of the member of the family or
household; a state jail felony if it is shown on the trial of the offense
that the offense was committed in the presence of another member of the
defendant's family or household who at the time of the commission of the
offense was a child younger than 17 years of age.  Deletes text regarding a
state jail felony.  Makes conforming and nonsubstantive changes. 

 (e) Redefines "family," and defines "household," "death," and "unborn
child." 

(f) Provides that a defendant has been previously convicted of an offense
against a member of the defendant's family or a member of the defendant's
household under this section if the defendant was adjudged guilty of the
offense or entered a plea of guilty or nolo contendere in return for a
grant of deferred adjudication, regardless of whether the sentence for the
offense was ever imposed or whether the sentence was probated and the
defendant was subsequently discharged from community supervision, for the
purposes of this section. 

 (g) Sets forth conditions that do not apply to any Act consisting of
conduct. 

(h) Prohibits the enhancement provided by Subsection (b)(1)(B)(ii) from
being construed as establishing fetal personhood. 

SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date: September 1, 1999.

SECTION 4. Emergency clause.