BILL ANALYSIS S.B. 1250 By: West Criminal Jurisprudence Committee Report (Unamended) BACKGROUND AND PURPOSE Interested parties believe that because of the vulnerability of children, elderly individuals, and disabled individuals and the underreported nature of crimes against those individuals, the introduction of all relevant evidence that would assist the trier of fact in determining whether a defendant committed an offense against such an individual should be permitted. S.B. 1250 seeks to allow such evidence to be offered under certain conditions. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS S.B. 1250 amends the Code of Criminal Procedure to include a proceeding in the prosecution of a defendant for, or for an attempt or conspiracy to commit, the offense of injury to a child, elderly individual, or disabled individual committed against a person who is in or has been in a dating relationship with, or is in the family or household of, the defendant among the criminal proceedings in which each party may offer testimony or other evidence of all relevant facts and circumstances that would assist the trier of fact in determining whether the actor committed such an offense, including testimony or evidence regarding the nature of the relationship between the actor and the alleged victim. EFFECTIVE DATE September 1, 2017.
BILL ANALYSIS
# BILL ANALYSIS
S.B. 1250
By: West
Criminal Jurisprudence
Committee Report (Unamended)
S.B. 1250
By: West
Criminal Jurisprudence
Committee Report (Unamended)
BACKGROUND AND PURPOSE Interested parties believe that because of the vulnerability of children, elderly individuals, and disabled individuals and the underreported nature of crimes against those individuals, the introduction of all relevant evidence that would assist the trier of fact in determining whether a defendant committed an offense against such an individual should be permitted. S.B. 1250 seeks to allow such evidence to be offered under certain conditions.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS S.B. 1250 amends the Code of Criminal Procedure to include a proceeding in the prosecution of a defendant for, or for an attempt or conspiracy to commit, the offense of injury to a child, elderly individual, or disabled individual committed against a person who is in or has been in a dating relationship with, or is in the family or household of, the defendant among the criminal proceedings in which each party may offer testimony or other evidence of all relevant facts and circumstances that would assist the trier of fact in determining whether the actor committed such an offense, including testimony or evidence regarding the nature of the relationship between the actor and the alleged victim.
EFFECTIVE DATE September 1, 2017.
BACKGROUND AND PURPOSE
Interested parties believe that because of the vulnerability of children, elderly individuals, and disabled individuals and the underreported nature of crimes against those individuals, the introduction of all relevant evidence that would assist the trier of fact in determining whether a defendant committed an offense against such an individual should be permitted. S.B. 1250 seeks to allow such evidence to be offered under certain conditions.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
S.B. 1250 amends the Code of Criminal Procedure to include a proceeding in the prosecution of a defendant for, or for an attempt or conspiracy to commit, the offense of injury to a child, elderly individual, or disabled individual committed against a person who is in or has been in a dating relationship with, or is in the family or household of, the defendant among the criminal proceedings in which each party may offer testimony or other evidence of all relevant facts and circumstances that would assist the trier of fact in determining whether the actor committed such an offense, including testimony or evidence regarding the nature of the relationship between the actor and the alleged victim.
EFFECTIVE DATE
September 1, 2017.