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HB 2046

Relating to an affirmative finding of family violence entered in the trial of certain offenses.

89th Legislature (2025) Introduced by Aicha Davis and 1 co-sponsor

Texas bill mandates courts document family violence findings in relevant criminal convictions, creating permanent records affecting sentencing, firearm rights, and custody decisions.

Placed on General State Calendar
#criminalprocedure--general(i0208) #family--familyviolence(i0353)
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Bill Summary · HB 2046

Legislative bill overview

HB 2046 would require courts to make an affirmative finding of family violence when convicting defendants of certain offenses in Texas, even when family violence wasn't the primary charge. The bill establishes that judges must document whether family violence was a factor in crimes like assault, harassment, or other specified offenses involving family members.

Why is this important

An affirmative family violence finding creates a permanent legal record that affects future sentencing (enhancing penalties for repeat offenses), firearm possession rights, and custody determinations in family law cases. This has downstream consequences for both defendants and victims—improving victim protections while potentially increasing penalties for offenders with family histories.

Potential points of contention

  • Due process concerns: Whether requiring judges to make factual findings beyond the crime charged violates defendants' rights or standard burden-of-proof procedures
  • Judicial discretion: Whether mandating findings removes judicial flexibility to assess case-specific circumstances where family violence may be tangential
  • Scope ambiguity: The bill's reference to "certain offenses" lacks clarity on which crimes qualify, creating potential inconsistent application across jurisdictions

Compiled from official sources — confirm details with the bill’s official record.

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