BILL ANALYSIS S.B. 129 By: Moncrief (McCall) April 3, 1995 Committee Report (Unamended) BACKGROUND The process for which permanent protective orders are issued does not ensure the safety of a victim during the time in which the victim can apply for and obtain the order. In Texas, persons can only apply for and receive protective orders during normal business hours. In addition, the defendant must be served with notice of a protective order hearing before a permanent protective order can be issued. PURPOSE As proposed, S.B. 129 creates emergency protective orders for victims of domestic violence and provides that violation of those orders is an offense. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 17, Code of Criminal Procedure (BAIL), by adding Article 17.292, as follows: Art. 17.292. MAGISTRATE'S ORDER FOR EMERGENCY PROTECTION. (a) Authorizes a magistrate to issue an emergency protective order on the magistrate's own motion or on the request of the victim of the offense, the guardian of the victim, a peace officer, or the state's attorney, at a defendants appearance before the magistrate after arrest for an offense involving family violence or an offense under Section 42.07(a)(7), Penal Code. (b) Authorizes a magistrate, in the emergency protective order, to prohibit the arrested party from certain behavior. (c) Requires the magistrate to specifically describe the prohibited locations and distances a person must maintain in the emergency protective order unless the magistrate determines that specific locations should be omitted. (d) Provides that a condition imposed by an emergency protective order under this article prevails over any conflicting existing court orders for the duration stated in the protective order. (e) Sets forth the required language of the protective order. (f) Requires the magistrate to send a copy of a protective order to the chief of police in the municipality or to the sheriff of the county where the person protected by the order resides. (g) Requires the magistrate to send a copy of the order to a child care facility or a school if the order prohibits a person from going near a child care facility or a school. (h) Requires the defendant to be served with a copy of the order in open court and provides that the order is effective upon issuance and remains in effect for a period of 31 days. (i) Requires the sheriff and each municipal police department to establish a procedure within the department or office to provide adequate information for peace officers, to ensure that an officer responding to a call is aware of the existence and terms of a protective order. Authorizes the police department or sheriff to enter a protective order in the department's or office's record of outstanding warrants as notice that the order is in effect. (j) Defines "family," "family violence," and "household." SECTION 2. Amends Sections 25.07(a), (d), (e), (f), and (g), Penal Code, as follows: (a) Adds Article 17.292, Code of Criminal Procedure, to the list of offenses regarding violation of a court order. Makes conforming changes. (d)-(f) Make conforming changes. (g) Classsies that an offense under this section as a Class A misdemeanor unless the defendant has been convicted two or more times, in which case the offense is upgraded to a state jail felony. SECTION 3. Amends the section heading to Section 25.07, Penal Code, as follows: Sec. 25.07. VIOLATION OF PROTECTIVE ORDER OR MAGISTRATE'S ORDER. SECTION 4. Effective date: September 1, 1995. SECTION 5. Emergency clause. SUMMARY OF COMMITTEE ACTION SB 129 was referred directly to subcommittee by the Chair on March 8, 1995. SB 129 was considered by the subcommittee in a formal meeting on March 30, 1995. SB 129 was reported favorably without amendment, to the full committee by a record vote of 3 ayes, 0 nays, 0 pnv, and 0 absent. SB 129 was considered on subcommittee report by the full committee in a public hearing on April 3, 1995. SB 129 was reported favorably without amendment, with the recommendation that it do pass and be printed, by a record vote of 8 ayes, 0 nays, 0 pnv, and 0 absent.