| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the duration of a protective order prohibiting an |
|
|
offense motivated by bias or prejudice. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Article 7B.103, Code of Criminal Procedure, is |
|
|
amended to read as follows: |
|
|
Art. 7B.103. ENFORCEMENT. The procedure for the |
|
|
enforcement of a protective order under Title 4, Family Code, |
|
|
applies to the fullest extent practicable to the enforcement of a |
|
|
protective order under this subchapter, including provisions |
|
|
relating to findings, contents, [duration,] warning, delivery, law |
|
|
enforcement duties, and modification, except that: |
|
|
(1) the printed statement on the warning must refer to |
|
|
the prosecution of subsequent offenses committed because of bias or |
|
|
prejudice; |
|
|
(2) a protective order issued under this subchapter |
|
|
may be effective: |
|
|
(A) for the duration of the lives of the |
|
|
defendant and the person for whom the protective order is issued or |
|
|
for any shorter period stated in the order; or |
|
|
(B) if a period is not stated in the order, until |
|
|
the second anniversary of the date the order was issued; |
|
|
(3) the court shall require a constable to serve a |
|
|
protective order issued under this subchapter; and |
|
|
(4) [(3)] the clerk of the court shall forward a copy |
|
|
of a protective order issued under this subchapter to the |
|
|
Department of Public Safety with a designation indicating that the |
|
|
order was issued to prevent offenses committed because of bias or |
|
|
prejudice. |
|
|
SECTION 2. Subchapter C, Chapter 7B, Code of Criminal |
|
|
Procedure, is amended by adding Article 7B.1035 to read as follows: |
|
|
Art. 7B.1035. RESCISSION. A person for whom a protective |
|
|
order is issued under this subchapter may file at any time an |
|
|
application with the court to rescind the protective order. |
|
|
SECTION 3. Section 85.025(b-3), Family Code, is amended to |
|
|
read as follows: |
|
|
(b-3) Subsection (b) does not apply to a protective order |
|
|
issued under Subchapter A or C, Chapter 7B, Code of Criminal |
|
|
Procedure. |
|
|
SECTION 4. Article 7B.103, Code of Criminal Procedure, and |
|
|
Section 85.025(b-3), Family Code, as amended by this Act, apply |
|
|
only to a protective order for which an application is filed on or |
|
|
after the effective date of this Act. |
|
|
SECTION 5. This Act takes effect September 1, 2021. |