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This bill would increase the penalty for repeat offenders of family violence, dating violence, and household violence. If this bill passes, there would be a penalty enhancement for those who commit a Class A misdemeanor or higher, and commit a violent offense against a person, and /or commit an offense and there is an affirmative finding of family violence. If they have previously been convicted two or more times of these offenses they would be subject to a second-degree felony. For the purposes of this bill, a plea deal for deferred adjudication community supervision would suffice as a prior conviction.
If a person is placed on community supervision or deferred adjudication
community supervision for this offense, the judge shall require the defendant
to submit to a term of confinement of not less than 90 days.
In addition, this bill would require defendant to pay $500 upon conviction of the aforementioned crime and the proceeds would be deposited in a fund that funds family violence protection programs.
This bill would also modify the penalty for assault. If passed, an assault offense against a spouse would be punishable as a Class A misdemeanor with a minimum term of confinement of 30 days. To qualify for this penalty, the crime must be related to family, household, or dating violence, and it would have to be committed in the physical presence within the hearing of a person who is younger than 15 years old, and the offender would have to have knowledge or reason to know that the young person was present at the time of the assault. If a person is placed on community supervision, or deferred adjudication community supervision for this crime, they would be required to submit to confinement for not less than five days as a condition of their penalty.