BILL ANALYSIS

H.B. 2095

By: Manuel

Juvenile Justice & Family Issues

Committee Report (Unamended)

BACKGROUND AND PURPOSE

There is a need for an applicant for a protective order regarding alleged family violence to be properly informed of the restrictions that may be imposed so that the extent of the order may be better determined. H.B. 2095 seeks to address this issue by requiring a court, in certain hearings, to        inform the applicant of applicable restrictions that the court may impose and specifically ask the applicant if the applicant wishes the court to include certain restrictions in the court's order.

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. 2095 amends the Family Code to require a court, in a hearing on a protective order application in which the applicant has alleged that family violence has occurred, to do the following:

· inform the applicant of the restrictions that the court may impose in a protective order on a person found to have committed family violence, including by specifically discussing with the applicant the restrictions on the person going to or near the residence, place of employment, child-care facility, or school of a person or child protected by the order or of the person's family or household member, as applicable; and

· specifically ask the applicant if the applicant wishes the court to include those location restrictions in the court's order if the court finds that the respondent has committed family violence and that family violence is likely to occur in the future.

These requirements apply to a hearing on an application for a protective order held on or after the bill's effective date.

H.B. 2095 requires the court, in determining whether to include the location restrictions in a protective order applying to a person who committed family violence, to consider any wishes expressed by the applicant in response to the court's question to the applicant regarding the inclusion of the location restrictions in the court's order. This requirement applies only to a protective order for which a hearing is held on or after the bill's effective date.

EFFECTIVE DATE

September 1, 2023.