BILL ANALYSIS

 

 

Senate Research Center                                                                                                        S.B. 956

                                                                                                                                 By: West, Royce

                                                                                                                                      Jurisprudence

                                                                                                                                              4/3/2007

                                                                                                                                              As Filed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Current law provides certain remedies that a judge may order if the judge finds that there is a risk of international child abduction and sets forth certain factors that a judge is required to consider when evaluating whether the risk of international abduction exists.  However, a judge considering international child abduction risk factors is not authorized to take into consideration issues of family violence or the activities that a victim of family violence has taken in trying to implement a safety plan to escape  future abuse. 

 

As proposed, S.B. 956 amends the Family Code to require a judge to additionally consider whether certain activities indicating an abduction risk are related to a threat of 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 153.502(a), Family Code, as follows:

 

(a)  Includes evidence that a parent's conduct, while acting in good faith, was necessary to avoid imminent harm to the parent, and evidence that the parent recently engaged in certain activities related to the implementation of a safety plan for the child to flee from family violence, as evidence that the court is required to consider in determining whether there is a risk of a child's international abduction by the child's parent.

 

SECTION 2.  Makes application of this Act prospective.

 

SECTION 3.  Effective date: upon passage or September 1, 2007.