SRC-JJJ C.S.S.B. 207 76(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 207
By: Moncrief
Jurisprudence
4/20/1999
Committee Report (Substituted)


DIGEST 

Currently, Texas law authorizes a suit for dissolution of a marriage to be
referred to mediation.  In divorce or custody suits that go to mediation,
the aggressor has a chance to continue the emotional abuse on the child in
custody cases.  C.S.S.B. 207 would protect against family violence in the
family law cases involving alternative dispute resolution.   

PURPOSE

As proposed, C.S.S.B. 207 protects against family violence in the family
law cases and in certain other cases involving alternative dispute
resolution procedures. 

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 6.602, Family Code, by adding Subsection (d), to
authorize a party prior to the final mediation order to file 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.  Prohibits, once an objection is filed,  referral to
mediation unless the objection is heard. Establishes that if the court
finds that a preponderance of the evidence supports the objection, the
court may not refer the suit to meditation.  

SECTION 2.  Amends Section 153.0071, Family Code, by adding Subsection (f),
to authorize a party prior to the final mediation order to file a written
objection to the referral of a suit affecting the parent-child relationship
to mediation on the basis of family violence committed against the
objecting party or a child who is the subject of the suit.  Prohibits, once
an objection is filed,  the case from being referred to mediation unless
the objection is heard.  Establishes that if the court finds that a
preponderance of the evidence supports the objection, the court may not
refer the suit to meditation.  Provides that if the court does not find
sufficient evidence to support the objection, the court may refer the suit
to mediation.  Requires the court to order appropriate measures to ensure
physical and emotional safety of the party who filed the objection.
Requires the order to provide that the parties not be required to have face
to face contact during mediation.  Provides that this subsection does not
apply to suits filed under Chapter 262. 

SECTION 3.  Amends Section 154.022, Civil Practice and Remedies Code, by
adding Subsection (d), to require evidence of an act of family violence to
be sufficient evidence for an objection filed under Subsection (b). 

SECTION 4.  Effective date: September 1, 1999.
            Makes application of this Act retroactive.

SECTION 5.  Emergency clause.




 SUMMARY OF COMMITTEE CHANGES

SECTION 1.  

Amends Section 6.602, Family Code, to authorize a written objection prior
to the final mediation order for dissolution of marriage. Provides that if
the court finds that a preponderance of the evidence supports the
objection, the court may not refer the suit to mediation.  Deletes proposed
text regarding the requirement to enter orders for the physical safety of
participants. 

SECTION 2.  

Amends Section 153.0071(f), Family Code, to provide that if the court finds
sufficient evidence to support the objection, the court may refer the suit
to mediation.  Requires the court to order appropriate measure to ensure
physical and emotional safety of the party who filed the objection.
Requires that order to provide that the parties not be required to have
face to face contact during mediation.  Makes conforming changes. 

SECTION 3.  

Amends Section 154.022, Civil Practice and Remedies Code, to require
sufficient evidence for an objection filed under Subsection (b).