Relating to access to a residence or former residence to retrieve personal property, including access based on danger of family violence.
Impact
If implemented, SB920 would modify existing property law within the Texas Property Code by introducing provisions that enable individuals facing denial of entry, particularly in contexts involving family violence, to access their personal belongings safely. This amendment addresses the crucial intersections of property rights and personal safety, particularly for individuals with documented concerns about family violence. The bill aims to streamline the process by which those in potential harm can recover necessary items legally and safely, thereby enhancing protections for vulnerable individuals.
Summary
Senate Bill 920 revolves around the access to a residence or former residence to retrieve personal property, instituting legal measures to protect individuals from potential family violence. The bill allows a person who is denied entry into their residence to apply for a court order (writ) that permits them to enter the property with a peace officer to retrieve specific personal items. Such items can include medical records, clothing, legal documents, and essential personal belongings that are critical for the well-being of the applicant and their dependents.
Sentiment
The reception of SB920 appears to be largely positive, especially among advocates for victims of domestic violence and legal reformers who see this as a necessary safeguard that addresses critical situations involving personal safety and property rights. The sentiment is generally supportive among those who recognize the importance of providing clear legal routes for individuals trying to escape dangerous situations. There may, however, be concerns about potential misuse of the provisions or the complexities surrounding the execution of such orders in high-conflict situations.
Contention
Despite the favorable outlook, potential points of contention include the effectiveness of the enforcement of such orders and the interaction between peace officers and current occupants during the property retrieval process. There could be fears that the implementation could escalate existing tensions, especially in volatile domestic situations. Additionally, the requirement for a bond, although designed to protect current occupants, might also be viewed as a barrier for some applicants, which leads to questions about accessibility and fairness in the application of the law.
Relating to prohibiting a person or entity from surveilling, reporting, or tracking the purchase of firearms, ammunition, and accessories through the use of certain merchant category codes; imposing a civil penalty.
Relating to a prohibition on following an individual and tracking or monitoring the individual's personal property or motor vehicle and to the criminal prosecution of that conduct.
Relating to limitations on increases in the appraised value for ad valorem tax purposes of residence homesteads and single-family residences other than residence homesteads.
Relating to limitations on increases in the appraised value for ad valorem tax purposes of residence homesteads and single-family residences other than residence homesteads.
Relating to the release of defendants on bail, the duties of a magistrate in certain criminal proceedings, and the notice provided by peace officers to adult victims of family violence.