HBA-NRS H.B. 3491 77(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 3491 By: Hinojosa Public Safety 7/19/2001 Enrolled BACKGROUND AND PURPOSE Family violence is the deliberate, often repetitive, physical abuse by one family member against another. In incidences of alleged family violence, police officers may be unable to identify the primary aggressor in the incident and often arrest all parties involved. As a result, victims of the incident are disqualified from receiving crime victim compensation, access to emergency shelters, and other public benefits. Without these services, victims may be less likely to leave the abusive relationship. Having the victim arrested may also reinforce the batterer's actions and may provide the batterer with another tool for controlling the relationship. House Bill 3491 requires training for officers and recruits in the investigation of cases involving family violence to include instruction in preventing dual arrest. 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. ANALYSIS House Bill 3491 amends the Occupations Code to require that the curriculum used for training officers and recruits in the investigation of family violence cases include instruction in preventing dual arrest whenever possible and conducting a thorough investigation to determine which person is the predominant aggressor when allegations of family violence from two or more opposing persons are received arising from the same incident. EFFECTIVE DATE September 1, 2001.