BILL ANALYSIS Senate Research Center S.B. 712 85R5699 KJE-F By: Hinojosa State Affairs 3/9/2017 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Currently, a "permanent" protective order in Texas lasts up to two years. Courts can enter a protective order for a longer period of time if there have been either two prior protective orders involving the same parties or if the offender has caused seriously bodily injury to the victim. "Seriously bodily injury" encompasses the most severe violence and is defined in the Penal Code as "bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ." This does not include strangulation, continuous violence against the family, continuous violation of a protective order, or enhanced assault family violence, among other felonies. S.B. 712 adds felony-level family violence offenses to be eligible for protective orders greater than two years. As proposed, S.B. 712 amends current law relating to the duration of certain protective orders against family violence. 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 85.025 (a-1), Family Code, as follows: (a-1) Authorizes the court, to render a certain protective order, if the court finds that the person who is the subject of the protective order committed an act constituting a felony offense involving family violence against the applicant or a member of the applicant's family or household, regardless of whether the person has been charged with or convicted of the offense. Redesignates existing Subdivisions (1) and (2) as Subdivisions (2) and (3) and makes no further changes to these subdivisions. SECTION 2. Makes application of this Act, as it applies to an application for a protective order, prospective. SECTION 3. Effective date: September 1, 2017.
BILL ANALYSIS
Senate Research Center S.B. 712
85R5699 KJE-F By: Hinojosa
State Affairs
3/9/2017
As Filed
Senate Research Center
S.B. 712
85R5699 KJE-F
By: Hinojosa
State Affairs
3/9/2017
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Currently, a "permanent" protective order in Texas lasts up to two years. Courts can enter a protective order for a longer period of time if there have been either two prior protective orders involving the same parties or if the offender has caused seriously bodily injury to the victim.
"Seriously bodily injury" encompasses the most severe violence and is defined in the Penal Code as "bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ." This does not include strangulation, continuous violence against the family, continuous violation of a protective order, or enhanced assault family violence, among other felonies.
S.B. 712 adds felony-level family violence offenses to be eligible for protective orders greater than two years.
As proposed, S.B. 712 amends current law relating to the duration of certain protective orders against family violence.
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 85.025 (a-1), Family Code, as follows:
(a-1) Authorizes the court, to render a certain protective order, if the court finds that the person who is the subject of the protective order committed an act constituting a felony offense involving family violence against the applicant or a member of the applicant's family or household, regardless of whether the person has been charged with or convicted of the offense. Redesignates existing Subdivisions (1) and (2) as Subdivisions (2) and (3) and makes no further changes to these subdivisions.
SECTION 2. Makes application of this Act, as it applies to an application for a protective order, prospective.
SECTION 3. Effective date: September 1, 2017.