BILL ANALYSIS

C.S.H.B. 1661

By: Herrero

Criminal Jurisprudence

Committee Report (Substituted)

BACKGROUND AND PURPOSE

It has been noted that prosecutors are unable to pursue charges against a person for an offense of continuous violence against the family if the assaults occur in more than one county. C.S.H.B. 1661 seeks to address this issue by providing for the prosecution of such an offense in any county in which the defendant assaulted the victim.

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

C.S.H.B. 1661 amends the Code of Criminal Procedure to authorize an offense of continuous violence against the family to be prosecuted in any county in which the defendant assaulted the victim.

C.S.H.B. 1661 amends the Penal Code to establish that members of a jury, if the jury is the trier of fact in the prosecution of such an offense, are not required to agree unanimously on the county in which each instance of conduct constituting the offense occurred.    

EFFECTIVE DATE

September 1, 2019.

COMPARISON OF ORIGINAL AND SUBSTITUTE

While C.S.H.B. 1661 may differ from the original in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The substitute does not include a provision establishing that it is not a defense to prosecution for an offense of continuous violence against the family that the conduct occurred in more than one county in Texas.

The substitute includes a short title for the bill.