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


Senate Research CenterC.S.S.B. 24
76R7849 GWK-DBy: Nelson
Criminal Justice
3/1/1999
Committee Report (Substituted)


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, C.S.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), to provide that an offense under
Subsection (a)(1) 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.
Defines "household." 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 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.     
          
SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date: September 1, 1999.

SECTION 4. Emergency clause.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Section 22.01(b), Penal Code, to provide that an offense under
Subsection (a)(1) is a third degree felony if the offense is committed
against a member, rather than family, 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. Defines "household." 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 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.
Deletes Section 22.03, Penal Code, regarding family violence  committed
within view of child. Makes conforming changes. 

SECTIONS 2-4.

 Redesignated from SECTIONS 3-5.