SRC-JXG S.B. 24 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 24
76R1935 GWK-DBy: Nelson
Criminal Justice
2/22/1999
As Filed


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. This bill would increase the penalty for a
second assault offense against a family to a third degree felony, and would
make a probated sentence or deferred adjudication a final conviction. 

PURPOSE

As proposed, 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, Penal Code, by amending Subsections (b)
and (e) and adding Subsection (f), to provide that an offense under
Subsection (a)(1) is a third degree felony if the offense is committed
against a family member, if it is shown (on the trial of the offense) that
the defendant has been previously convicted of an offense against a family
member under this section or Section 22.03. Deletes text regarding a state
jail felony. Provides that a defendant has been previously convicted of an
offense against a family member if the defendant was judged guilty of the
offense or pled guilty or nolo contendere in return for deferred
adjudication, regardless of whether the sentence was ever imposed or
probated, and the defendant was discharged from community supervision.
Makes conforming and nonsubstantive changes. 

SECTION 2. Amends Chapter 22, Penal Code, by adding Section 22.03, as
follows: 

Sec. 22.03. FAMILY VIOLENCE COMMITTED WITHIN VIEW OF CHILD. (a) Defines
"child" and "family." 

(b) Provides that a person commits an offense if the person commits assault
against a family member, and a child family member witnesses the offense. 

(c) Provides that an offense under Section 22.01(a)(1) or 22.01(a)(2) is a
state jail felony or Class B misdemeanor, respectively. 

SECTION 3. Makes application of this Act prospective.

SECTION 4. Effective date: September 1, 1999.

SECTION 5. Emergency clause.