BILL ANALYSIS Senate Research Center S.B. 817 84R2015 KKA-F By: Rodrguez State Affairs 3/5/2015 As Filed
BILL ANALYSIS
Senate Research Center S.B. 817
84R2015 KKA-F By: Rodrguez
State Affairs
3/5/2015
As Filed
Senate Research Center
S.B. 817
84R2015 KKA-F
By: Rodrguez
State Affairs
3/5/2015
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT The current sections of the Texas Family Code dealing with issuance of protective orders in the case of abuse, specifically the definitions sections, refer to the applicant of the protective order as a victim instead of an applicant for a protective order. There are many times when an applicant for a protective order is not a victim of abuse (e.g., a prosecutor or a parent or guardian), but is applying for the protective order on behalf of a victim of abuse. In addition, some judges either will not or are reluctant to issue protective orders until the perpetrator has been convicted, believing that a person is not a "victim" until that happens. S.B. 817 changes the language from victim to applicant for a protective order. This bill also seeks to broaden the definition of abuse in the same section by incorporating, by reference, additional portions of the Family Code definition of abuse. As proposed, S.B. 817 amends current law relating to the definitions of dating violence and family violence for purposes of the issuance of a protective order. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 71.0021(a), Family Code, to change a reference to a victim to an applicant for a protective order and to change references to victim to applicant. SECTION 2. Amends Section 71.004, Family Code, to redefine "family violence" to include additional sections of the Family Code in the definition of the term abuse. SECTION 3. Makes application of this Act prospective in regard to a request for a protective order. SECTION 4. Effective date: September 1, 2015.
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
The current sections of the Texas Family Code dealing with issuance of protective orders in the case of abuse, specifically the definitions sections, refer to the applicant of the protective order as a victim instead of an applicant for a protective order. There are many times when an applicant for a protective order is not a victim of abuse (e.g., a prosecutor or a parent or guardian), but is applying for the protective order on behalf of a victim of abuse. In addition, some judges either will not or are reluctant to issue protective orders until the perpetrator has been convicted, believing that a person is not a "victim" until that happens.
S.B. 817 changes the language from victim to applicant for a protective order. This bill also seeks to broaden the definition of abuse in the same section by incorporating, by reference, additional portions of the Family Code definition of abuse.
As proposed, S.B. 817 amends current law relating to the definitions of dating violence and family violence for purposes of the issuance of a protective order.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 71.0021(a), Family Code, to change a reference to a victim to an applicant for a protective order and to change references to victim to applicant.
SECTION 2. Amends Section 71.004, Family Code, to redefine "family violence" to include additional sections of the Family Code in the definition of the term abuse.
SECTION 3. Makes application of this Act prospective in regard to a request for a protective order.
SECTION 4. Effective date: September 1, 2015.