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


Office of House Bill AnalysisH.B. 2187
By: Hinojosa
Criminal Jurisprudence
4/9/1999
Introduced



BACKGROUND AND PURPOSE 

Current law authorizes the court to require a probationer convicted of a
family violence offense, at the direction of the probation officer, to
attend counseling sessions or a battering intervention and prevention
program.  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, 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.