Texas House Bill HB1784

Texas 2023 - 88th Regular

• Filed: 1/27/23
• Out of House Committee: 4/14/23

Caption

Relating to certain requirements of protective orders and conditions of release on bond and to the criminal penalties for violating those requirements and conditions.

Impact

The implications of HB 1784 are significant in the context of family violence laws in Texas. By establishing clearer requirements and penalties for violations of protective orders, the bill seeks to provide better protection for victims. The changes will also require courts to apply specific conditions of bond for defendants in family violence cases, promoting a legal framework that prioritizes victim safety. These modifications are critical to addressing the gaps in current legislation that have historically left victims vulnerable to repeat offenses.

Summary

House Bill 1784 aims to amend existing legal statutes regarding protective orders and the conditions for release on bond specifically related to family violence cases. The bill proposes clear guidelines that courts can utilize to determine the conditions surrounding protective orders, including prohibitions against communication with victims, prohibiting firearm possession, and the use of electronic monitoring systems. The revisions intend to enhance the safety of individuals protected under these orders and streamline judicial accountability regarding the treatment of offenders.

Sentiment

Discussion surrounding HB 1784 reveals a largely supportive sentiment among legislators and advocacy groups focused on domestic violence prevention. Many proponents see the bill as a progressive step toward enhancing protective measures for victims of family violence. However, some concerns have been voiced regarding the implementation and enforcement of the new requirements, particularly with respect to the available resources for monitoring offenders and the potential burden on the judicial system.

Contention

Notable points of contention include concerns about the balance between necessary restrictions on offenders and the rights of individuals awaiting trial. Critics worry that imposing stringent conditions could lead to unintended consequences, including the potential for overly harsh measures for individuals who may not pose an immediate threat. The ongoing debate reflects a broader discussion on how best to safeguard victims while ensuring fair treatment for accused individuals within the judicial system.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

• Chapter 7. Proceedings Before Magistrates To Prevent Offenses
  • Section: New Section
  • Section: New Section

• Chapter 17. Bail
  • Section: 292
  • Section: 49
  • Section: 292
  • Section: 49

Family Code

• Chapter 85. Issuance Of Protective Order
  • Section: New Section
  • Section: New Section

Penal Code

• Chapter 25. Offenses Against The Family
  • Section: New Section
  • Section: New Section