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.