BILL ANALYSIS

 

 

Senate Research Center

S.B. 817

84R2015 KKA-F

By: Rodríguez

 

State Affairs

 

3/5/2015

 

As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

The current sections of the Texas Family Code dealing with issuance of protective orders in the case of abuse, specifically the definitions sections, refer to the applicant of the protective order as a “victim” instead of an “applicant for a protective order.” There are many times when an “applicant for a protective order” is not a victim of abuse (e.g., a prosecutor or a parent or guardian), but is applying for the protective order on behalf of a victim of abuse. In addition, some judges either will not or are reluctant to issue protective orders until the perpetrator has been convicted, believing that a person is not a "victim" until that happens.

 

S.B. 817 changes the language from “victim” to “applicant for a protective order.” This bill also seeks to broaden the definition of “abuse” in the same section by incorporating, by reference, additional portions of the Family Code definition of “abuse.”

 

As proposed, S.B. 817 amends current law relating to the definitions of dating violence and family violence for purposes of the issuance of a protective order.

 

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 71.0021(a), Family Code, to change a reference to a victim to an applicant for a protective order and to change references to victim to applicant.

 

SECTION 2. Amends Section 71.004, Family Code, to redefine "family violence" to include additional sections of the Family Code in the definition of the term abuse.

 

SECTION 3. Makes application of this Act prospective in regard to a request for a protective order.

 

SECTION 4. Effective date: September 1, 2015.