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.