SRC-DPW S.B. 1830 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1830
76R10234 GWK-FBy: Shapiro
Criminal Justice
4/27/1999
As Filed


DIGEST 

Currently, under Texas law, family violence committed in the presence of a
child does not carry an enhanced punishment.  This bill would enhance the
penalty for an offense committed against a family member in the presence of
a child 17 years old and younger from a Class A misdemeanor for assault to
a third degree felony. 

PURPOSE

As proposed, S.B. 1830 provides that the penalty for an offense committed
against a family member in the presence of a child 17 years old and younger
is 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, to provide that an offense
under Subsection (a)(1) is a felony of the third degree if the offense is
committed against a family member and the offense was committed in the
presence of another family member who was, at the time of the commission of
the offense, a child younger than 17 years of age. 

SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date: September 1, 1999.

SECTION 4. Emergency clause.