| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to a protective order regarding a defendant charged with |
|
|
certain offenses against persons or property; creating a criminal |
|
|
offense. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 7B, Code of Criminal Procedure, is |
|
|
amended by adding Subchapter D to read as follows: |
|
|
SUBCHAPTER D. PROTECTIVE ORDER FOR CERTAIN OFFENSES AGAINST PERSONS |
|
|
OR PROPERTY |
|
|
Art. 7B.151. REQUEST FOR PROTECTIVE ORDER. (a) A person |
|
|
who is not otherwise eligible to file an application for a |
|
|
protective order under Title 4, Family Code, or another provision |
|
|
of this chapter may request the court to issue a protective order |
|
|
under Title 4, Family Code, for the protection of the person or the |
|
|
person's property at any proceeding in which the defendant appears |
|
|
before the court related to an offense under: |
|
|
(1) Title 5, Penal Code; |
|
|
(2) Title 6, Penal Code; |
|
|
(3) Chapter 28, Penal Code; |
|
|
(4) Chapter 29, Penal Code; |
|
|
(5) Chapter 30, Penal Code; |
|
|
(6) Section 42.062, Penal Code; or |
|
|
(7) Section 42.07, Penal Code. |
|
|
(b) The request under Subsection (a) is made by filing an |
|
|
application for a protective order in the same manner as an |
|
|
application for a protective order under Title 4, Family Code. |
|
|
(c) The request may be made by, as applicable: |
|
|
(1) the victim of the offense; |
|
|
(2) a parent or guardian acting on behalf of a person |
|
|
under 18 years of age who is the victim of the offense; or |
|
|
(3) the owner of the property that is the subject of |
|
|
the offense. |
|
|
Art. 7B.152. REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE |
|
|
ORDER. The court shall issue a protective order in the manner |
|
|
provided by Title 4, Family Code, if, in lieu of the finding that |
|
|
family violence occurred and is likely to occur in the future as |
|
|
required by Section 85.001, Family Code, the court finds that: |
|
|
(1) probable cause exists to believe that an offense |
|
|
listed in Article 7B.151(a) was committed; and |
|
|
(2) the nature of the scheme or course of conduct |
|
|
engaged in by the defendant in committing the offense indicates the |
|
|
defendant is likely in the future to engage in conduct prohibited by |
|
|
a provision listed in Article 7B.151(a). |
|
|
Art. 7B.153. 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. |
|
|
SECTION 2. Section 6.405(a), Family Code, is amended to |
|
|
read as follows: |
|
|
(a) The petition in a suit for dissolution of a marriage |
|
|
must state whether, in regard to a party to the suit or a child of a |
|
|
party to the suit: |
|
|
(1) there is in effect: |
|
|
(A) a protective order under Title 4; |
|
|
(B) a protective order under Subchapter A or D, |
|
|
Chapter 7B, Code of Criminal Procedure; or |
|
|
(C) an order for emergency protection under |
|
|
Article 17.292, Code of Criminal Procedure; or |
|
|
(2) an application for an order described by |
|
|
Subdivision (1) is pending. |
|
|
SECTION 3. Section 102.008(b), Family Code, is amended to |
|
|
read as follows: |
|
|
(b) The petition must include: |
|
|
(1) a statement that: |
|
|
(A) the court in which the petition is filed has |
|
|
continuing, exclusive jurisdiction or that no court has continuing |
|
|
jurisdiction of the suit; or |
|
|
(B) in a suit in which adoption of a child is |
|
|
requested, the court in which the petition is filed has |
|
|
jurisdiction of the suit under Section 103.001(b); |
|
|
(2) the name and date of birth of the child, except |
|
|
that if adoption of a child is requested, the name of the child may |
|
|
be omitted; |
|
|
(3) the full name of the petitioner and the |
|
|
petitioner's relationship to the child or the fact that no |
|
|
relationship exists; |
|
|
(4) the names of the parents, except in a suit in which |
|
|
adoption is requested; |
|
|
(5) the name of the managing conservator, if any, or |
|
|
the child's custodian, if any, appointed by order of a court of |
|
|
another state or country; |
|
|
(6) the names of the guardians of the person and estate |
|
|
of the child, if any; |
|
|
(7) the names of possessory conservators or other |
|
|
persons, if any, having possession of or access to the child under |
|
|
an order of the court; |
|
|
(8) the name of an alleged father of the child or a |
|
|
statement that the identity of the father of the child is unknown; |
|
|
(9) a full description and statement of value of all |
|
|
property owned or possessed by the child; |
|
|
(10) a statement describing what action the court is |
|
|
requested to take concerning the child and the statutory grounds on |
|
|
which the request is made; |
|
|
(11) a statement as to whether, in regard to a party to |
|
|
the suit or a child of a party to the suit: |
|
|
(A) there is in effect: |
|
|
(i) a protective order under Title 4; |
|
|
(ii) a protective order under Subchapter A |
|
|
or D, Chapter 7B, Code of Criminal Procedure; or |
|
|
(iii) an order for emergency protection |
|
|
under Article 17.292, Code of Criminal Procedure; or |
|
|
(B) an application for an order described by |
|
|
Paragraph (A) is pending; and |
|
|
(12) any other information required by this title. |
|
|
SECTION 4. Section 160.6035(a), Family Code, is amended to |
|
|
read as follows: |
|
|
(a) The petition in a proceeding to adjudicate parentage |
|
|
must include a statement as to whether, in regard to a party to the |
|
|
proceeding or a child of a party to the proceeding: |
|
|
(1) there is in effect: |
|
|
(A) a protective order under Title 4; |
|
|
(B) a protective order under Subchapter A or D, |
|
|
Chapter 7B, Code of Criminal Procedure; or |
|
|
(C) an order for emergency protection under |
|
|
Article 17.292, Code of Criminal Procedure; or |
|
|
(2) an application for an order described by |
|
|
Subdivision (1) is pending. |
|
|
SECTION 5. Section 25.07(a), Penal Code, is amended to read |
|
|
as follows: |
|
|
(a) A person commits an offense if, in violation of a |
|
|
condition of bond set in a family violence, sexual assault or abuse, |
|
|
indecent assault, stalking, or trafficking case and related to the |
|
|
safety of a victim or the safety of the community, an order issued |
|
|
under Subchapters A or D, Chapter 7B, Code of Criminal Procedure, an |
|
|
order issued under Article 17.292, Code of Criminal Procedure, an |
|
|
order issued under Section 6.504, Family Code, Chapter 83, Family |
|
|
Code, if the temporary ex parte order has been served on the person, |
|
|
Chapter 85, Family Code, or Subchapter F, Chapter 261, Family Code, |
|
|
or an order issued by another jurisdiction as provided by Chapter |
|
|
88, Family Code, the person knowingly or intentionally: |
|
|
(1) commits family violence or an act in furtherance |
|
|
of an offense under Section 20A.02, 22.011, 22.012, 22.021, or |
|
|
42.072; |
|
|
(2) communicates: |
|
|
(A) directly with a protected individual or a |
|
|
member of the family or household in a threatening or harassing |
|
|
manner; |
|
|
(B) a threat through any person to a protected |
|
|
individual or a member of the family or household; or |
|
|
(C) in any manner with the protected individual |
|
|
or a member of the family or household except through the person's |
|
|
attorney or a person appointed by the court, if the violation is of |
|
|
an order described by this subsection and the order prohibits any |
|
|
communication with a protected individual or a member of the family |
|
|
or household; |
|
|
(3) goes to or near any of the following places as |
|
|
specifically described in the order or condition of bond: |
|
|
(A) the residence or place of employment or |
|
|
business of a protected individual or a member of the family or |
|
|
household; or |
|
|
(B) any child care facility, residence, or school |
|
|
where a child protected by the order or condition of bond normally |
|
|
resides or attends; |
|
|
(4) possesses a firearm; |
|
|
(5) harms, threatens, or interferes with the care, |
|
|
custody, or control of a pet, companion animal, or assistance |
|
|
animal that is possessed by a person protected by the order or |
|
|
condition of bond; [or] |
|
|
(6) removes, attempts to remove, or otherwise tampers |
|
|
with the normal functioning of a global positioning monitoring |
|
|
system; or |
|
|
(7) commits any offense against the protected |
|
|
individual or with respect to the individual's property. |
|
|
SECTION 6. Sections 6.405(a), 102.008(b), and 160.6035(a), |
|
|
Family Code, as amended by this Act, apply only to a petition filed |
|
|
on or after the effective date of this Act. A petition filed before |
|
|
the effective date of this Act is governed by the law in effect on |
|
|
the date the petition was filed, and the former law is continued in |
|
|
effect for that purpose. |
|
|
SECTION 7. Subchapter D, Chapter 7B, Code of Criminal |
|
|
Procedure, as added by this Act, applies only to an offense |
|
|
committed on or after the effective date of this Act. An offense |
|
|
committed before the effective date of this Act is governed by the |
|
|
law in effect on the date the offense was committed, and the former |
|
|
law is continued in effect for that purpose. For purposes of this |
|
|
section, an offense was committed before the effective date of this |
|
|
Act if any element of the offense occurred before that date. |
|
|
SECTION 8. This Act takes effect September 1, 2021. |