Bill

SB 712

85(R) - 2017
Senate State Affairs
Read Bill & Check Bill Status
Senate State Affairs
Courts
Crimes

Companion Bill

HB 2021

Vote Recommendation

No
  • Neutral
  • Neutral
  • Neutral
  • Negative
  • Neutral

Author(s)

Juan "Chuy" Hinojosa

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 SB 712 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

National Association of Social Workers
Texas Impact
The Texas Council on Family Violence