HBA-SEB S.B. 207 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 207 By: Moncrief Juvenile Justice and Family Issues 5/10/1999 Engrossed BACKGROUND AND PURPOSE Currently, victims of family violence may be required by a court to participate in mediation for a suit for dissolution of a marriage or a suit affecting the parent-child relationship. This may cause the victim additional trauma and place the victim at a disadvantage in negotiating resolution of the suit. S.B. 207 authorizes a victim of family violence to object to the referral of such a suit to mediation and, if such objection is filed, prohibits the suit from being referred to mediation unless the other party requests a hearing on the objection and the court overrules the objection to mediation. 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 6.602, Family Code, by adding Subsection (d), to authorize a party to file with the court a written objection to the referral of a suit for dissolution of a marriage to mediation on the basis of family violence having been committed against the objecting party by the other party. Authorizes the party to file the objection at any time prior to the final mediation order. Prohibits the suit from being referred to mediation after an objection is filed unless the other party requests a hearing on the objection. Prohibits the court from referring the suit to mediation if it finds that a preponderance of the evidence supports the objection. SECTION 2. Amends Section 153.0071, Family Code, by adding Subsection (f), to authorize a party to file with the court a written objection to the referral of a suit affecting the parent-child relationship to mediation on the basis of family violence having been committed by another party against the objecting party or a child who is the subject of the suit. Authorizes the party to file the objection at any time prior to the final mediation order. Prohibits the suit from being referred to mediation after an objection is filed unless a party requests a hearing on the objection. Prohibits the court from referring the suit to mediation if it finds that a preponderance of the evidence supports the objection. Authorizes the court to refer the suit to mediation if the court does not find sufficient evidence to support the objection. Requires the court, upon referral, to order that appropriate measures be taken to ensure the physical and emotional safety of the party who filed the objection. Requires the court to provide that the parties not be required to have face-to-face contact and be placed in separate rooms during mediation. Establishes that this subsection does not apply to suits filed under Chapter 262 (Emergency Procedures in Suit by Governmental Entity). SECTION 3. Amends Section 154.022, Civil Practice and Remedies Code, by adding Subsection (d), to require that evidence that a party has committed family violence against another party to be sufficient evidence for an objection filed against a referral. SECTION 4. Effective date: September 1, 1999. Makes this Act applicable to a suit for dissolution of a marriage, a suit affecting the parent-child relationship, or another proceeding commenced before, on, or after that date. SECTION 5. Emergency clause.