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Op-Ed: Legislature making strides against domestic
violence July 9, 2009 81st Legislature should be commended for strengthening laws against domestic violence says Patty Conner Texas continues to have one of the highest homicide rates among females, but advancements during the 81st session of the Texas Legislature may help prevent domestic violence cases from escalating to the point of homicide. Three bills (HB 2066, SB 82 and SB 83) passed the legislature and were signed into law by Governor Perry to strengthen the prosecution of domestic violence offenders and provide victims with additional measures of security. Throughout the United States community service agencies feel the pinch of an economy on the brink. Texas is no exception. A downturn in private donations and lost funding from other sources such as foundations and government grants, coupled with an increase in the need for services, have placed family violence service providers in a precarious position. Nevertheless, programs seek to provide the same level of services to victims of family violence. Senate Bill 82, and the resulting change to the Texas Code of Criminal Procedure, will provide domestic violence service providers in Texas with the ability to respond to victims of family violence while simultaneously holding offenders accountable. Beginning September 1, 2009, individuals convicted of a family violence offense and who are granted community supervision will be required to pay a $100 fee to a local family violence center. Previously, the fee was optional and not often ordered. Funds generated from the fee will go directly to the agencies providing services to victims of family violence, creating a direct funding link so that the perpetrators of family violence pay for the provision of shelter and counseling services in their community. HB 2066 also responds to Texans concerns for safety by making intimate partner strangulation a felony offense. In 2007, eight women were strangled to death at the hands of someone who once claimed to love them. Strangulation is one of the top five risk factors for family violence homicide—just 10 seconds of pressure can cause unconsciousness and two minutes of pressure leads to death. Strangulation has been historically treated as a misdemeanor in Texas, but beginning September 1, 2009, intimate partner strangulation and suffocation will be treated as a third degree felony (punishable by two to 10 years in prison) with subsequent offenses a second degree felony (punishable by two to 20 years in prison). This new law gives prosecutors another tool to hold violent offenders accountable, and training will provide law enforcement officers and medical professionals more guidance in preparing their reports to help ensure more convictions. The final bill, SB 83, gives victims of family violence and sexual assault now have the option to terminate their leases without penalty. For some victims of family violence, relocating is critical to their safety and that of their families. Half of Texas women killed by their intimate partners die in their own residence. Without the option to terminate a lease, victims must choose between escaping the threat and fleeing or incurring fines and charges stemming from violating a lease and the resulting disabling credit and rental history. The ability to terminate a lease enables a victim to make her decisions based on safety rather than fear of the financial ramifications. Victims will still be required to present documentation to landlords in order exit from the lease lawfully. The high correlation between domestic violence and female homicide rates underscores the importance of diffusing instances of intimate partner violence before they escalate to the point where a life is lost. In 2006, 214 females were murdered by males in Texas, ranking seventh in the nation. Of those, at least 50 percent were identified as the wife, common-law wife, ex-wife or girlfriend of the offender. Centers for domestic and sexual violence are critical to addressing the needs of survivors in Texas. Each year in Texas, family violence providers shelter more than 26,000 women and children. In addition, 50,000 victims of family violence received non-residential services such as counseling and advocacy, and more than 200,000 hotline calls are answered. While these numbers are already staggering, more victims every day are requesting services. We applaud State Senator Jane Nelson (R-Lewisville) for her work in leading this session’s fight against domestic violence. We also commend by representatives Moody Guillen, Leibowitz, Lucio III, Vaught and the entire legislature for their overwhelming support for ending domestic violence in Texas. If you or someone you know is a victim of family violence, you can contact Hope Alliance’s 24-hour hotline at 1-800-460-SAFE for immediate help. |
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