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A BILL TO BE ENTITLED
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AN ACT
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relating to an affirmative finding of family violence entered in |
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the trial of certain offenses and to certain family violence |
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protective orders. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 42.013, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 42.013. FINDING OF FAMILY VIOLENCE. In the trial of an |
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offense under any provision of the [Title 5,] Penal Code, if the |
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court determines that the offense involved family violence, as |
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defined by Section 71.004, Family Code, the court shall make an |
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affirmative finding of that fact and enter the affirmative finding |
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in the judgment of the case. |
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SECTION 2. Article 42A.504(b), Code of Criminal Procedure, |
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is amended to read as follows: |
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(b) If a judge grants community supervision to a defendant |
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convicted of an offense [under Title 5, Penal Code,] that the court |
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determines involves family violence, the judge shall require the |
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defendant to pay a fine of $100 to a family violence center that: |
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(1) receives state or federal funds; and |
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(2) serves the county in which the court is located. |
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SECTION 3. Section 81.0015, Family Code, is amended to read |
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as follows: |
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Sec. 81.0015. PRESUMPTION. For purposes of this subtitle, |
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there is a presumption that family violence has occurred and is |
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likely to occur in the future if: |
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(1) the respondent has been convicted of or placed on |
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deferred adjudication community supervision for any of the |
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following offenses against the child for whom the petition is |
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filed: |
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(A) an offense [under Title 5, Penal Code,] for |
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which the court has made an affirmative finding that the offense |
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involved family violence under Article 42.013, Code of Criminal |
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Procedure; or |
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(B) an offense under Title 6, Penal Code; |
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(2) the respondent's parental rights with respect to |
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the child have been terminated; and |
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(3) the respondent is seeking or attempting to seek |
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contact with the child. |
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SECTION 4. Chapter 83, Family Code, is amended by adding |
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Section 83.0015 to read as follows: |
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Sec. 83.0015. SERVICE OF NOTICE OF TEMPORARY EX PARTE |
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ORDER. Notice of a temporary ex parte order issued under this |
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chapter must be served personally on the respondent. |
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SECTION 5. Articles 42.013 and 42A.504(b), Code of Criminal |
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Procedure, as amended by this Act, apply only to an offense |
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committed on or after the effective date of this Act. An offense |
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committed before the effective date of this Act is governed by the |
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law in effect on the date the offense was committed, and the former |
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law is continued in effect for that purpose. For purposes of this |
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section, an offense was committed before the effective date of this |
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Act if any element of the offense was committed before that date. |
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SECTION 6. Section 83.0015, Family Code, as added by this |
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Act, applies only to a temporary ex parte protective order issued |
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under Chapter 83, Family Code, on or after the effective date of |
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this Act. A temporary ex parte protective order issued under |
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Chapter 83, Family Code, before the effective date of this Act is |
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governed by the law in effect immediately before that date, and the |
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former law is continued in effect for that purpose. |
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SECTION 7. This Act takes effect September 1, 2021. |