HBA-RBT S.B. 24 76(R)BILL ANALYSIS


Office of House Bill AnalysisS.B. 24
By: Nelson
Criminal Jurisprudence
5/13/1999
Engrossed



BACKGROUND AND PURPOSE 

Tougher laws may help to break the cycle of domestic violence by deterring
defendants from repeatedly assaulting family members.  S.B. 24 increases
the punishment for assaults committed against a family member for repeat
offenders. 

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 22.01, Penal Code, by amending Subsections (b)
and (e), and adding Subsection (f), to increase the punishment from a Class
A misdemeanor to felony of the third degree if an assault is committed
against a member of the defendant's family or household, if at trial it is
shown that the defendant has been previously been convicted of a violation
of this section against a member of the defendant's family or household.
Redefines "family" and defines "household." Provides that for the purpose
of this section, a conviction occurs when a defendant is adjudged guilty or
enters a plea of guilty or nolo contendere. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.