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.