Bill
HB 2021
85(R) - 2017
House Juvenile Justice & Family Issues
House Juvenile Justice & Family Issues
Courts
Crimes
Companion Bill
SB 712
Vote Recommendation
No
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Neutral
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Neutral
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Neutral
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Negative
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Neutral
Author(s)
Todd Hunter
Bill Caption
Relating to the duration of certain protective orders against family violence.
Fiscal Notes
No significant fiscal implication to the State is anticipated.
Bill Analysis
This bill would modify the rules that allow courts to impose a protective order for more than two years. Under current law, a court may render a protective order for more than two years if the subject had previously caused serious bodily injury to a family member, or if they have previously been the subject of more than two orders. The previous protective order must meet a few conditions including a previous court finding of family violence.
If this bill passes a court would be able to grant a protective order for longer than two years if the court finds that the subject 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.
Vote Recommendation Notes
Though it is well within the proper role of the government to enforce protective orders and set the rules that govern that procedure, this bill violates due process. We oppose HB 2021 because it would allow an individual to suffer a strict penalty for a crime that they have not been charged with or convicted of.
Organizations Supporting
The Texas Council on Family Violence
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