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.