Texas House Bill HB308

Texas 2021 - 87th 1st C.S.

Caption

Relating to an affirmative finding of family violence entered in the trial of certain offenses.

Impact

The bill also changes the conditions under which community supervision can be granted to convicts of offenses involving family violence. Specifically, it stipulates that judges must impose a fine of $100 to a family violence center serving the jurisdiction where the trial occurs for defendants placed on community supervision. The intention behind this provision is to support local resources focused on addressing family violence issues.

Summary

House Bill 308 introduces amendments to Texas' Code of Criminal Procedure regarding family violence. It mandates that if a court determines that an offense involves family violence, as defined in the Family Code, an affirmative finding must be made and entered in the judgment. This approach aims to ensure that family violence is formally recognized during trials, potentially affecting the outcomes of cases where such violence is involved.

Conclusion

The enactment of HB 308 is expected to enhance the legal framework surrounding family violence cases in Texas, reinforcing the acknowledgment of such violence in judicial proceedings. As the bill moves forward, discussions will likely continue around its impact on the judicial system's handling of family violence and how it may affect the lives of those involved in such cases.

Contention

A notable aspect of HB 308 is its use of affirmative findings as a presumption of future family violence in custody-related cases. It states that if a respondent has been convicted of offenses involving family violence, there is a legal presumption that family violence has occurred and may occur again, particularly regarding contact with children. This provision could lead to significant implications for parental rights and custody arrangements, raising concerns about its potentially broad application.