Enrolled Bill Summary

            House Bill 297 amends provisions of the Code of Criminal Procedure relating to the authorization of a magistrate to issue an order for emergency protection after a defendant arrested for an offense involving family violence is brought before the magistrate. The bill specifies that if a condition imposed by a magistrate’s order of emergency protection conflicts with a condition of a subsequent protective order under the Family Code relating to the marriage relationship or the parent-child relationship, the condition imposed by the order issued under the Family Code prevails. House Bill 297 further specifies that if a condition imposed by an order of emergency protection conflicts with a condition of a temporary ex parte order issued under the Family Code, the order for emergency protection prevails, unless the court that issued the temporary ex parte order was informed of the existence of the order and made a finding that the court was superseding it.

            House Bill 297 authorizes the court issuing the emergency protective order, after notice to each affected party and a hearing, to modify the order if the court finds that the order is unworkable and that the modification will not place the victim at greater risk or in any way endanger a person protected under the order. In addition, the bill authorizes the transfer of the emergency protective order to the court assuming jurisdiction over the criminal act giving rise to the issuance of the order and allows the criminal court to modify the order in the same manner as the issuing court.