SRC-JXG S.B. 24 76(R)BILL ANALYSIS Senate Research CenterS.B. 24 By: Nelson Criminal Justice 6/25/1999 Enrolled DIGEST The 74th Legislature increased the penalty for the third assault committed on a family member to a state jail felony. A driving while intoxicated offense or stalking offense is increased on the second offense but this is not true of a second assault. S.B. 24 will increase the penalty for a second assault offense against a family to a third degree felony, and will make a probated sentence or deferred adjudication a final conviction. PURPOSE As enrolled, S.B. 24 increases the penalty for the second offense against a family member to a third degree felony. 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(b), Penal Code, by amending Subsections (b) and (e) and adding Subsection (f), as follows: (b) Provides that an offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense is a third degree felony if the offense is committed against a member of the defendant's family or household, if it is shown on the trial of the offense that the defendant has been previously convicted of an offense against a member of the defendant's family or household. Deletes text regarding a state jail felony. Makes conforming changes. (e) Defines "family" and "household." (f) Provides that for purposes of this section, 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 was probated and the defendant was subsequently discharged from community supervision. SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.