Texas Senate Bill SB285

Texas 2009 - 81st Regular

• Filed: 11/12/08

Caption

Relating to the punishment for violating certain orders requiring the removal of the alleged perpetrator from the home of an abused child.

Impact

The implementation of SB285 would have significant implications for the legal landscape surrounding child abuse cases. By reclassifying violations of court orders related to the removal of alleged abusers from the home, the law seeks to strengthen protections for vulnerable children. It is anticipated that this bill would not only hold offenders more accountable but also encourage law enforcement and judicial officers to enforce protective orders more rigorously, fostering a safer environment for children faced with domestic violence.

Summary

SB285 is a legislative proposal aimed at enhancing the penalties for individuals who violate court orders that require them to remain removed from the residence of an abused child. Specifically, the bill amends Section 262.1015(h) of the Family Code to escalate the legal consequences of violating such orders, categorizing it as a felony of the third degree for repeat offenders. This change underscores the seriousness with which the legislature views the protection of children in abusive situations and aims to deter future violations by imposing stricter consequences.

Contention

While supporters of SB285 advocate for the increased penalties as a necessary measure to protect children, there may be concerns regarding the bill’s implications for due process. Opponents could argue that imposing felony charges may lead to consequences that disproportionately affect accused individuals before a full investigation or trial has occurred. Nevertheless, the overarching intent of the legislation is framed within a context of child safety, promoting a balance between protecting children and ensuring fair legal processes.