SRC-TAG S.B. 686 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 686
78R6359 KCR-FBy: Hinojosa
Criminal Justice
4/14/2003
As Filed


DIGEST 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,  the word "section"
limits the state ability to enhance subsequent assault against family
members if the actor has been previously convicted of one of the more
severe assaultive offense covered in other parts of Chapter 22.  As
proposed, S.B. 686 changes the word "section" to "chapter" to allow
prosecutors to enhance family violence assault when it is shown on trial
that the actor has been previously convicted of any offenses against a
member of the actor's family or household. 

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 Sections 22.01(b) and (f), Penal Code, as follows:

(b)  Provides 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 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 an offense
under this chapter against a person whose relationship to or association
with the defendant is described by Section 71.0021(b), 71.003, or 71.005,
Family Code, rather than a member of the defendant's family or household
under this section. 

 (f)  Makes conforming changes.

SECTION 2.  Repealer:  Section 22.01(e), Penal Code (regarding assault).

SECTION 3.  Effective date: September 1, 2003.
            Makes application of this Act prospective.