BILL ANALYSIS S.B. 712 By: Hinojosa Juvenile Justice & Family Issues Committee Report (Unamended) BACKGROUND AND PURPOSE Interested parties contend that applicants for a protective order are too often unable to receive a protective order that is effective for a period that exceeds two years when the person who is the subject of the protective order has committed an act constituting a felony offense involving family violence against the applicant or a member of the applicant's family or household. S.B. 712 seeks to address this issue by providing for such a protective order under those circumstances, regardless of whether the person has been charged with or convicted of the offense. 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. 712 amends the Family Code to include a court finding that the person who is the subject of a family violence 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, among the court findings that trigger a court's authority to render a protective order that is effective for a period that exceeds two years. EFFECTIVE DATE September 1, 2017.
BILL ANALYSIS
# BILL ANALYSIS
S.B. 712
By: Hinojosa
Juvenile Justice & Family Issues
Committee Report (Unamended)
S.B. 712
By: Hinojosa
Juvenile Justice & Family Issues
Committee Report (Unamended)
BACKGROUND AND PURPOSE Interested parties contend that applicants for a protective order are too often unable to receive a protective order that is effective for a period that exceeds two years when the person who is the subject of the protective order has committed an act constituting a felony offense involving family violence against the applicant or a member of the applicant's family or household. S.B. 712 seeks to address this issue by providing for such a protective order under those circumstances, regardless of whether the person has been charged with or convicted of the offense.
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. 712 amends the Family Code to include a court finding that the person who is the subject of a family violence 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, among the court findings that trigger a court's authority to render a protective order that is effective for a period that exceeds two years.
EFFECTIVE DATE September 1, 2017.
BACKGROUND AND PURPOSE
Interested parties contend that applicants for a protective order are too often unable to receive a protective order that is effective for a period that exceeds two years when the person who is the subject of the protective order has committed an act constituting a felony offense involving family violence against the applicant or a member of the applicant's family or household. S.B. 712 seeks to address this issue by providing for such a protective order under those circumstances, regardless of whether the person has been charged with or convicted of the offense.
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. 712 amends the Family Code to include a court finding that the person who is the subject of a family violence 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, among the court findings that trigger a court's authority to render a protective order that is effective for a period that exceeds two years.
EFFECTIVE DATE
September 1, 2017.