BILL ANALYSIS

H.B. 1782

By: Bonnen, Greg

Juvenile Justice & Family Issues

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Current law provides for protective orders when family violence has occurred and is likely to occur in the future. Concerned parties assert that these protections do not always extend to a child whose parents have had their parental rights terminated in situations involving a family violence offense. H.B. 1782 seeks to extend additional protections to such children.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

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

H.B. 1782 amends the Family Code to establish, for purposes of protective orders issued in cases involving family violence, the presumption that family violence has occurred and is likely to occur in the future if the respondent's parental rights with respect to the child for whom the petition requesting the protective order is filed have been terminated, if the respondent is seeking or attempting to seek contact with the child, and if the respondent has been convicted of or placed on deferred adjudication community supervision for an offense against the child that is an offense against the family or for which the court has made an affirmative finding of family violence.

EFFECTIVE DATE

September 1, 2015.