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A BILL TO BE ENTITLED
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AN ACT
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relating to protective orders; making conforming changes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 85.005(a) and (b), Family Code, are |
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amended to read as follows: |
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(a) To facilitate settlement, the parties to a proceeding |
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may agree in writing to [the terms of] a protective order as |
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provided by Sections [Section] 85.021 and 85.022. An agreement |
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under this subsection is subject to the approval of the court. The |
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court may not approve an agreement that requires the applicant for |
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the protective order to do or refrain from doing an act under |
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Section 85.022. |
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(b) An [To facilitate settlement, a respondent may agree in |
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writing to the terms of a protective order as provided by Section |
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85.022, subject to the approval of the court. The court may not |
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approve an agreement that requires the applicant to do or refrain |
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from doing an act under Section 85.022. The] agreed protective |
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order is enforceable civilly or criminally, regardless of whether |
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the court makes the findings required by Section 85.001. |
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SECTION 2. Section 85.006(a), Family Code, is amended to |
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read as follows: |
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(a) Notwithstanding Rule 107, Texas Rules of Civil |
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Procedure, a [A] court may render a protective order that is binding |
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on a respondent who does not attend a hearing if: |
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(1) the respondent received service of the application |
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and notice of the hearing; and |
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(2) proof of service was filed with the court before |
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the hearing. |
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SECTION 3. Article 7B.001(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) The following persons may file an application for a |
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protective order under this subchapter without regard to the |
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relationship between the applicant and the alleged offender: |
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(1) a person who is the victim of an offense under |
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Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.021, [or] 42.072, |
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or 43.05, Penal Code; |
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(2) any adult, including a parent or guardian, who is |
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acting on behalf of a victim described by Subdivision (1), if the |
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victim is younger than 18 years of age or an adult ward [a person who |
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is the victim of an offense under Section 20A.02, 20A.03, or 43.05, |
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Penal Code]; or |
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(3) [a parent or guardian acting on behalf of a person |
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younger than 17 years of age who is the victim of an offense listed |
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in Subdivision (1); |
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[(4) a parent or guardian acting on behalf of a person |
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younger than 18 years of age who is the victim of an offense listed |
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in Subdivision (2); or |
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[(5)] a prosecuting attorney acting on behalf of a |
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person described by Subdivision (1) or [,] (2)[, (3), or (4)]. |
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SECTION 4. Article 7B.001, Code of Criminal Procedure, is |
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amended to conform to Chapter 1066 (H.B. 1343), Acts of the 86th |
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Legislature, Regular Session, 2019, by adding Subsections (a-1) and |
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(a-2) and is further amended to read as follows: |
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(a-1) Except as provided by Subsection (a-2), if an |
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application has not yet been filed in the case under Subsection (a), |
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the attorney representing the state shall promptly file an |
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application for a protective order with respect to each victim of an |
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offense listed in Subdivision (1) of that subsection following the |
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offender's conviction of or placement on deferred adjudication |
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community supervision for the offense. |
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(a-2) The attorney representing the state may not file an |
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application under Subsection (a-1) with respect to a victim if the |
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victim requests that the attorney representing the state not file |
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the application. This subsection does not apply to a victim who is |
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younger than 18 years of age or who is an adult ward. |
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SECTION 5. Article 7B.003, Code of Criminal Procedure, is |
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amended to conform to Chapter 1066 (H.B. 1343), Acts of the 86th |
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Legislature, Regular Session, 2019, by adding Subsection (c) and is |
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further amended to read as follows: |
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(c) An offender's conviction of or placement on deferred |
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adjudication community supervision for an offense listed in Article |
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7B.001(a)(1) constitutes reasonable grounds under Subsection (a). |
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SECTION 6. Article 7B.007, Code of Criminal Procedure, is |
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amended to conform to Chapter 1066 (H.B. 1343), Acts of the 86th |
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Legislature, Regular Session, 2019, by adding Subsection (a-1) and |
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is further amended to read as follows: |
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(a-1) The court shall issue a protective order effective for |
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the duration of the lives of the offender and victim if the offender |
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is: |
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(1) convicted of or placed on deferred adjudication |
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community supervision for an offense listed in Article |
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7B.001(a)(1); and |
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(2) required under Chapter 62 to register for life as a |
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sex offender. |
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SECTION 7. Article 7B.007, Code of Criminal Procedure, is |
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amended by amending Subsection (b) and adding Subsection (b-1) to |
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read as follows: |
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(b) The following persons may file at any time an |
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application with the court to rescind the protective order: |
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(1) a victim of an offense listed in Article |
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7B.001(a)(1) who is 18 [17] years of age or older; |
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(2) subject to Subsection (b-1), [or] a parent or |
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guardian acting on behalf of a victim of an offense listed in |
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Article 7B.001(a)(1) who is younger than 18 [17] years of age or an |
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adult ward; or |
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(3) a person not otherwise described by Subdivision |
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(1) or (2) who filed the application for the protective order. |
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(b-1) A [(2) a victim of an offense listed in Article |
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7B.001(a)(2) or a] parent or guardian may not file an application to |
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rescind the protective order under Subsection (b)(2) if the parent |
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or guardian is the alleged offender subject to the protective order |
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[acting on behalf of a victim who is younger than 18 years of age]. |
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SECTION 8. Article 56A.052(d), Code of Criminal Procedure, |
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is amended to read as follows: |
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(d) This subsection applies only to a victim of an offense |
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under Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.021, 42.072, |
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or 43.05, Penal Code. A victim described by this subsection or a |
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parent or guardian of the victim, if the victim is younger than 18 |
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years of age or an adult ward, is entitled to the following rights |
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within the criminal justice system: |
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(1) the right to be informed: |
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(A) that the victim or, if the victim is younger |
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than 18 years of age or an adult ward, the victim's parent or |
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guardian or another adult acting on the victim's behalf[, as |
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applicable,] may file an application for a protective order under |
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Article 7B.001; |
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(B) of the court in which the application for a |
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protective order may be filed; [and] |
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(C) that, on request of the victim or, if the |
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victim is younger than 18 years of age or an adult ward, on request |
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of the victim's parent or guardian or another adult acting on the |
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victim's behalf, [as applicable, and subject to the Texas |
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Disciplinary Rules of Professional Conduct,] the attorney |
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representing the state may, subject to the Texas Disciplinary Rules |
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of Professional Conduct, file the application for a protective |
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order on behalf of the requestor [victim]; and |
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(D) that, subject to the Texas Disciplinary Rules |
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of Professional Conduct, the attorney representing the state |
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generally is required to file the application for a protective |
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order with respect to the victim if the defendant is convicted of or |
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placed on deferred adjudication community supervision for the |
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offense; |
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(2) the right to: |
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(A) request that the attorney representing the |
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state, subject to the Texas Disciplinary Rules of Professional |
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Conduct, file an application for a protective order described by |
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Subdivision (1); and |
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(B) be notified when the attorney representing |
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the state files an application for a protective order under Article |
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7B.001; |
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(3) if the victim or the victim's parent or guardian, |
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as applicable, is present when the defendant is convicted or placed |
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on deferred adjudication community supervision, the right to: |
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(A) be given by the court the information |
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described by Subdivision (1); and |
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(B) file an application for a protective order |
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under Article 7B.001 immediately following the defendant's |
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conviction or placement on deferred adjudication community |
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supervision if the court has jurisdiction over the application; and |
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(4) if the victim or the victim's parent or guardian, |
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as applicable, is not present when the defendant is convicted or |
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placed on deferred adjudication community supervision, the right to |
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be given by the attorney representing the state the information |
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described by Subdivision (1). |
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SECTION 9. Section 25.07(g), Penal Code, is amended to read |
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as follows: |
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(g) An offense under this section is a Class A misdemeanor, |
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except the offense is: |
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(1) subject to Subdivision (2), a state jail felony if |
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it is shown at the trial of the offense that the defendant violated |
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an order issued under Subchapter A, Chapter 7B [as a result of an |
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application filed under Article 7A.01(a-1)], Code of Criminal |
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Procedure, following the defendant's conviction of or placement on |
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deferred adjudication community supervision for an offense, if the |
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order was issued with respect to a victim of that offense; or |
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(2) a felony of the third degree if it is shown on the |
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trial of the offense that the defendant: |
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(A) has previously been convicted two or more |
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times of an offense under this section or two or more times of an |
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offense under Section 25.072, or has previously been convicted of |
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an offense under this section and an offense under Section 25.072; |
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or |
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(B) has violated the order or condition of bond |
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by committing an assault or the offense of stalking. |
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SECTION 10. The following provisions are repealed: |
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(1) Section 1, Chapter 1066 (H.B. 1343), Acts of the |
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86th Legislature, Regular Session, 2019, which amended Article |
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7A.01, Code of Criminal Procedure; |
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(2) Section 2, Chapter 1066 (H.B. 1343), Acts of the |
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86th Legislature, Regular Session, 2019, which amended Article |
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7A.03, Code of Criminal Procedure; and |
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(3) Section 3, Chapter 1066 (H.B. 1343), Acts of the |
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86th Legislature, Regular Session, 2019, which amended Article |
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7A.07, Code of Criminal Procedure. |
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SECTION 11. Section 85.005, Family Code, as amended by this |
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Act, applies only to a protective order approved by the court on or |
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after the effective date of this Act. |
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SECTION 12. Section 85.006, Family Code, as amended by this |
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Act, applies only to a protective order for which the respondent |
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receives service on or after the effective date of this Act. |
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SECTION 13. Subchapter A, Chapter 7B, Code of Criminal |
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Procedure, as amended by this Act, applies only to a protective |
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order for which an application is filed on or after the effective |
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date of this Act. |
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SECTION 14. Article 56A.052(d), Code of Criminal Procedure, |
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as amended by this Act, applies to a victim of criminally injurious |
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conduct for which a judgment of conviction is entered or a grant of |
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deferred adjudication community supervision is made on or after the |
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effective date of this Act, regardless of whether the criminally |
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injurious conduct occurred before, on, or after the effective date |
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of this Act. |
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SECTION 15. To the extent of any conflict, this Act prevails |
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over another Act of the 87th Legislature, Regular Session, 2021, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 16. This Act takes effect September 1, 2021. |