HBA-KMH H.B. 3065 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3065 By: Hinojosa Criminal Jurisprudence 3/29/1999 Introduced BACKGROUND AND PURPOSE Currently, the law does not prohibit a judge from referring or ordering a victim or a defendant to participate in mediation, dispute resolution, arbitration, or a similar procedure. H.B. 3065 prohibits a court from referring or ordering a victim or a defendant in a case involving family violence, as defined by Section 71.004 (Family Violence), Family Code, to participate in mediation, dispute resolution, arbitration, or a similar procedure. 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 Article 26.13(g), Code of Criminal Procedure, to prohibit a court from referring or ordering a victim or a defendant in a case involving family violence, as defined by Section 71.004 (Family Violence), Family Code, to participate in mediation, dispute resolution, arbitration, or a similar procedure. SECTION 2. Amends Section 11, Article 42.12, Code of Criminal Procedure, by adding Subsection (g), as follows: (g) Prohibits a court from referring or ordering a victim or a defendant in a case involving family violence, as defined by Section 71.004 (Family Violence), Family Code, to participate in mediation, dispute resolution, arbitration, or a similar procedure, notwithstanding Subsection (a)(16). Subsection (a)(16) authorizes a judge to place as a condition of the defendant's release on community supervision participation in victim-defendant mediation if consented to by the victim. SECTION 3. Emergency clause. Effective date: upon passage.