HBA-NMO H.B. 2187 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2187
By: Hinojosa
Criminal Jurisprudence
7/20/99
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, the law authorized the court to require a
probationer convicted of a family violence offense to attend counseling
sessions or a battering intervention and prevention program at the
direction of the probation officer.  H.B. 2187 authorizes the court to
require a defendant, rather than probationer, convicted of a family
violence offense, at the direction of the community supervision and
corrections department officer, rather than the probation officer, to
attend counseling sessions or a battering intervention and prevention
program if available that meets guidelines adopted by the community justice
assistance division of the Texas Department of Criminal Justice. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 14(c), Article 42.12, Code of Criminal Procedure,
as amended by Chapter 165, Acts of the 73rd Legislature, 1993,  to
authorize the court, if it grants community supervision, rather than
probation, to a person convicted of an offense involving family violence,
as defined by Section 71.004 (Family Violence), rather than 71.01, Family
Code, to require the defendant, rather than probationer, to attend, at the
direction of the community supervision and corrections department officer,
rather than probation officer, counseling sessions for the elimination of
violent behavior with a licensed counselor, social worker, or other
professional who has been trained in family violence intervention or to
attend a battering intervention and prevention program if available that
meets guidelines adopted by the community justice assistance division of
the Texas Department of Criminal Justice.  Makes conforming changes. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.