85R11683 JSC-F     By: Miller H.B. No. 2609       A BILL TO BE ENTITLED   AN ACT   relating to the penalty for certain family violence committed in   the presence of 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:                (1)  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;                (2)  the offense is committed in the physical presence   or within the hearing of a person who is younger than 15 years of   age; and                (3)  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 present and may see or hear the offense.          SECTION 2.  Article 42A.504, Code of Criminal Procedure, is   amended by adding Subsection (e) to read as follows:          (e)  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, 2017.