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No significant fiscal implication to the State is anticipated.
The bill would amend the Family Code, regarding protective orders for a child,adding a presumption that family violence has occurred and is likely to occur in the future under the following circumstances: the respondent has previously been convicted or placed on deferred adjudication for certain offenses against the child; the respondent's parental rights have been terminated; and the respondent is seeking contact with the child. Based on the analysis of the Office of Court Administration, duties and responsibilities associated with implementing the provisions of the bill could be accomplished by utilizing existing resources.
The provisions of this bill would set in statute a presumption that family violence had occurred in the past and is likely to occur again if certain conditions are met. On the one hand this would enhance the individual liberty of the prospective beneficiary of the protective order. On the other hand this would create a presumption of guilt based on past circumstances without regard to how long ago those things may have happened. This to some extent diminishes the respondent's right to due process. Due to these conflicts within the individual liberty principle, we are neutral on HB 1782..
The second chamber sponsor of this bill is Senator Larry Taylor.