Bill Text: TX HB2396 | 2013-2014 | 83rd Legislature | Engrossed
Bill Title: Relating to the penalty for certain family violence committed in the presence of or in proximity to a child.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2013-05-10 - Referred to Criminal Justice [HB2396 Detail]
Download: Texas-2013-HB2396-Engrossed.html
By: Bonnen of Galveston, Moody, et al. | H.B. No. 2396 |
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relating to the penalty for certain family violence committed in | ||
the presence of or in proximity to a child. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 22.01, Penal Code, is amended by adding | ||
Subsection (b-2) to read as follows: | ||
(b-2) Notwithstanding Subsection (b), unless an exception | ||
is otherwise provided by that subsection, an offense under | ||
Subsection (a)(1) is a Class A misdemeanor with a minimum term of | ||
confinement of 30 days if the offense is committed against a person | ||
whose relationship to or association with the defendant is | ||
described by Section 71.0021(b), 71.003, or 71.005, Family Code, | ||
and: | ||
(1) the offense is committed in the physical presence | ||
of, or in the same habitation or vehicle occupied by, a person who | ||
is younger than 15 years of age; and | ||
(2) at the time of the offense, the person has | ||
knowledge or reason to know that the person who is younger than 15 | ||
years of age is physically present or occupies the same habitation | ||
or vehicle. | ||
SECTION 2. Section 14, Article 42.12, Code of Criminal | ||
Procedure, as amended by Chapter 165 (H.B. 119), Acts of the 73rd | ||
Legislature, Regular Session, 1993, Chapter 910 (H.B. 2187), Acts | ||
of the 76th Legislature, Regular Session, 1999, Chapter 353 (S.B. | ||
1054), Acts of the 78th Legislature, Regular Session, 2003, and | ||
Chapter 113 (S.B. 44), Acts of the 80th Legislature, Regular | ||
Session, 2007, is amended by adding Subsection (b) to read as | ||
follows: | ||
(b) A judge granting community supervision to a defendant | ||
convicted of an offense under Section 22.01, Penal Code, and | ||
punished under Subsection (b-2) of that section shall require as a | ||
condition of community supervision that the defendant submit to not | ||
less than five days of continuous confinement in county jail. | ||
SECTION 3. The changes in law made by this Act apply only to | ||
an offense committed on or after the effective date of this Act. An | ||
offense committed before the effective date of this Act is governed | ||
by the law in effect on the date the offense was committed, and the | ||
former law is continued in effect for that purpose. For purposes of | ||
this section, an offense was committed before the effective date of | ||
this Act if any element of the offense occurred before that date. | ||
SECTION 4. This Act takes effect September 1, 2013. |