SRC-BWC S.B. 140 77(R)BILL ANALYSIS


Senate Research CenterS.B. 140
By: Moncrief
Jurisprudence
6/7/2001
Enrolled


DIGEST AND PURPOSE 

Currently, a court is prohibited from awarding custody of a child when
there is evidence that a parent neglected, physically abused, or sexually
abused a child, and the court is required to appoint sole custody to the
nonviolent parent.  S.B. 140 allows for a rebuttal presumption that the
appointment of a parent as sole managing conservator of a child is not in
the best interest of the child if there is credible evidence of a history
of abuse or family violence. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 153.004(b), Family Code, to prohibit the court
from appointing joint managing conservators if credible evidence is
presented of a history or pattern of past or present child neglect, or
physical or sexual abuse by one parent directed against the other parent, a
spouse, or a child, including a sexual assault in violation of Section
22.011 or 22.021, Penal Code, that results in the other parent becoming
pregnant with the child.  Provides that a history of sexual abuse includes
a sexual assault that results in the other parent becoming pregnant with
the child, regardless of the prior relationship of the parents.  Provides
that it is a rebuttable presumption that the appointment of a parent as the
sole managing conservator of a child or as the conservator of a child or as
the conservator who has the exclusive right to determine the primary
residence of a child is not in the best interest of the child if credible
evidence is presented of history or pattern of past or present child
neglect, or physical or sexual abuse by the parent directed against the
other parent, a spouse, or a child.  Provides that it is a rebuttable
presumption that it is not in the best interest of the child for a parent
to have unsupervised visitation with the child if credible evidence is
presented of a history or pattern of past or present child neglect or
physical or sexual abuse by the parent directed against the other parent, a
spouse, or a child. 

SECTION 2. Effective date:  September 1, 2001.  Provides that the enactment
of this Act does not by itself constitute a material and substantial change
of circumstances sufficient to warrant modification of a court order or
portion of a decree that provides for the possession of or access to a
child rendered before the effective date of this Act.  Makes application of
this Act prospective.