Committee approves bill prohibiting respondents from disconnecting utilities for protected people during short window

2159214 ยท January 28, 2025

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Summary

1st Substitute SB 123 would require courts to address utility-disconnection conduct in criminal protective orders and makes it an offense for respondents to terminate or interfere with utilities for the protected person for up to 60 days; the committee voted unanimously to advance the bill.

The Senate Judiciary Committee unanimously recommended Senate Bill 123, which clarifies that a respondent subject to a criminal protective order may not terminate or interfere with utilities used by the protected person during a 60-day window and directs courts to address utility issues in the protective order.

Senator Pitcher presented the bill, describing scenarios in which a respondent to a protective order "will cut off the gas or the power of the protected person during the period in which they are subject to the protective order." The bill makes explicit that cutting off utilities or causing nonpayment to result in termination is prohibited for up to 60 days to give protected people time to put utilities in their own name and avoid retaliation.

Marlise Jones, director of the Victim Services Commission, testified in support, noting that abusers sometimes use utilities as a means of retaliation: "One of the most common ways they did that was actually to call and try and disconnect utilities and or abandon payment responsibilities," she said. A member of the public, Elaine England, raised concerns about false allegations and potential unintended consequences, urging safeguards and consideration of reversals; committee members and the sponsor noted the bill's limited, criminal-protective-order scope and that the court "shall include" utility instructions in the protective order language.

Senator Escamilla moved to favorably recommend SB 123 and the committee passed the motion unanimously. Sponsor summation was waived; the bill will proceed to the Senate floor.