BILL ANALYSIS

H.B. 3824

By: Sherman, Sr.

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Reports indicate that family violence is often predictable and preventable, as most cases involve a cycle of power and control that is not broken without intervening circumstances. Concerns have been raised regarding the exclusion of certain offenses involving family violence from the offenses for which a judge may make an affirmative finding of family violence in the trial of the applicable offense. H.B. 3824 seeks to address this issue by requiring a court to make an affirmative finding of family violence in the trial of certain offenses if the court determines the offense involves family violence.

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. 3824 amends the Code of Criminal Procedure to include the following offenses among the offenses for which a court is required to make an affirmative finding regarding the involvement of family violence in the offense on such a determination by the court:

·         violation of certain court orders or conditions of bond in a family violence, child abuse or neglect, sexual assault or abuse, stalking, or trafficking case;

·         violation of a protective order preventing an offense caused by bias or prejudice;

·         repeated violation of certain court orders or conditions of bond in family violence, child abuse or neglect, sexual assault or abuse, stalking, or trafficking case;

·         continuous violence against the family; and

·         stalking.

H.B. 3824 amends the Family Code to make conforming changes.  

EFFECTIVE DATE

September 1, 2019.