BILL ANALYSIS

S.B. 2136

By: Powell

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

It has been noted that acts of violence can occur during the commission of many criminal offenses, some of which are not covered by state law providing for the admissibility of evidence in the prosecution of an offense committed against a member of the defendant's family or household or a person in a dating relationship with the defendant. As such, there have been calls to broaden that law and allow prosecutors to introduce any testimony and related evidence regarding the nature of the relationship between a defendant and the alleged victim in the prosecution of any offense committed against such a similarly situated person. S.B. 2136 seeks to address these calls by expanding the applicability of that law.

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

S.B. 2136 amends the Code of Criminal Procedure to expand the applicability of statutory provisions relating to the admissibility of evidence in a criminal proceeding in the prosecution of a defendant for certain offenses involving family violence or dating violence or an attempt or conspiracy to commit those offenses by including a criminal proceeding in a prosecution for any offense or attempt or conspiracy to commit any offense for which the alleged victim is a member of the defendant's family or household or person in a dating relationship with the defendant.

EFFECTIVE DATE

September 1, 2019.