Texas House Bill HB2396

Texas 2013 - 83rd Regular

Caption

Relating to the penalty for certain family violence committed in the presence of or in proximity to a child.

Impact

The amendments introduced by HB 2396 are significant for family law as they mandate a minimum 30-day confinement for offenders convicted under the new regulations. Additionally, it stipulates that judges are required to impose a condition of community supervision that includes at least five days of continuous confinement in county jail for such offenders. This change may drive a more serious legal approach to family violence, reflecting a commitment to protecting vulnerable minors from exposure to domestic violence situations.

Summary

House Bill 2396 addresses the penalties for certain offenses categorized as family violence, specifically when such offenses are committed in the presence or proximity of a child. The bill modifies Section 22.01 of the Penal Code, adding a new provision that elevates the severity of the offense to a Class A misdemeanor if it occurs in the physical presence of a minor under the age of 15. The new legislation aims to strengthen the protection of children against the trauma of witnessing domestic violence incidents.

Contention

While the bill promotes child safety by increasing penalties for perpetrators, it may also raise concerns about the implications for families involved in domestic violence situations. Some stakeholders may view the strengthened penalties as an essential step towards accountability and prevention of further abuse. Others, however, might argue that the bill could result in unintended consequences, such as exacerbating family instability without addressing the underlying issues of domestic violence. Balancing the need for law enforcement intervention and providing necessary support services for families remains a crucial part of the ongoing discourse surrounding such legislative measures.