S.B. 686 78(R) BILL ANALYSIS S.B. 686 By: Hinojosa Criminal Jurisprudence Committee Report (Unamended) BACKGROUND AND PURPOSE Current law allows for the enhancement of an assault resulting in bodily injury to a member of the defendant's family or household if it is established during the trial that the actor had been previously convicted of an offense against a member of the defendant's family or household under Section 22.01 (Assault), Penal Code. However, current law limits the state's ability to enhance subsequent assaults against family members if the actor has been previously convicted of one of the more severe assaultive offenses covered in other parts of Chapter 22. Senate Bill 686 allows prosecutors to enhance family violence assaults and assaults within dating relationships when it is shown at trial that the defendant has been previously convicted of an assaultive offense against a member of the defendant's family or household or against a person with whom the defendant has had a dating relationship. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS Senate Bill 686 amends the Penal Code to provide that an offense is a felony of the third degree if the offense is committed against a person whose relationship to or association with the defendant is described by Section 71.0021(b) (Dating Violence), 71.003 (Family), or 71.005 (Household), Family Code, rather than solely a member of the defendant's family or household, if it is shown on the trial of the offense that the defendant has been previously convicted of other assaultive offenses against persons whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code. EFFECTIVE DATE September 1, 2003.