Texas House Bill HB941

Texas 2009 - 81st Regular

Caption

Relating to the determination that certain criminal offenses involve family violence.

Impact

If enacted, HB 941 would significantly impact how family violence cases are processed in the Texas judicial system. The bill reinforces the importance of declaring an offense as involving family violence, which can have substantial implications for the defendants, victims, and the wider community. It could lead to a more consistent approach in handling such cases, ensuring that the implications of family violence are duly recognized and considered in sentencing, probation, and counseling requirements, among other outcomes.

Summary

House Bill 941 proposes amendments to Article 42.013 of the Texas Code of Criminal Procedure, specifically concerning the judicial determination of family violence in the context of criminal offenses. This legislation mandates that when a court finds an offense categorized under Title 5 of the Penal Code involved family violence, the court is required to enter an affirmative finding in the judgment. The intention of this bill is to standardize the recognition of family violence in court proceedings and ensure it is noted formally within case judgments.

Contention

The bill may prompt discussions and debates among various stakeholders, including law enforcement agencies, legal advocacy groups, and domestic violence shelters. Supporters of HB 941 argue that making affirmative findings for family violence will enhance accountability and bring more awareness to the prevalence of domestic abuse within the legal framework. However, critics may raise concerns about the potential for unintended consequences, such as the stigmatization of individuals who are falsely accused or whose cases do not clearly fit the defined parameters of family violence.