HBA-NMO H.B. 2187 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2187 By: Hinojosa Criminal Jurisprudence 4/9/1999 Introduced BACKGROUND AND PURPOSE Current law authorizes the court to require a probationer convicted of a family violence offense, at the direction of the probation officer, to attend counseling sessions or a battering intervention and prevention program. H.B. 2187 authorizes the court to require a defendant, rather than probationer, convicted of a family violence offense, at the direction of the community supervision and corrections department officer, rather than the probation officer, to attend counseling sessions or a battering intervention and prevention program if available that meets guidelines adopted by the community justice assistance division of the Texas Department of Criminal Justice. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 14(c), Article 42.12, Code of Criminal Procedure, as amended by Chapter 165, Acts of the 73rd Legislature, 1993, to authorize the court, if it grants community supervision, rather than probation, to a person convicted of an offense involving family violence, as defined by Section 71.004, rather than 71.01, Family Code, to require the defendant, rather than probationer, to attend, at the direction of the community supervision and corrections department officer, rather than probation officer, counseling sessions for the elimination of violent behavior with a licensed counselor, social worker, or other professional who has been trained in family violence intervention or to attend a battering intervention and prevention program if available that meets guidelines adopted by the community justice assistance division of the Texas Department of Criminal Justice. Makes conforming changes. SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency clause.