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House Bill 39 |
House Author: Neave et al. |
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Effective: 9-1-21 |
Senate Sponsor: Zaffirini et al. |
House Bill 39 amends the Code of Criminal Procedure and Family Code and also makes conforming changes to the Penal Code to provide that all parties to a proceeding regarding a protective order applying to a person who committed family violence may agree in writing to a protective order to facilitate settlement. The bill also clarifies that an agreed protective order is enforceable civilly or criminally, regardless of whether the court makes the required findings that family violence has occurred and family violence is likely to occur in the future. Furthermore, the bill provides that any adult who is acting on behalf of a victim of stalking or certain sexual, trafficking, or prostitution-related offenses who is younger than 18 years of age or an adult ward may file an application for a protective order under applicable state law without regard to the relationship between the applicant and the alleged offender. Among other provisions, the bill sets out the following additional rights for victims of stalking or certain sexual, trafficking, or prostitution-related offenses:
· the right to be informed that the attorney representing the state generally is required, under certain circumstances, to file the application for a protective order with respect to the victim; and
· the right to be notified when the attorney representing the state files, without regard to the relationship between the applicant and the alleged offender, an application for a protective order for victims of those offenses.