By Danburg H.B. No. 2822
74R4535 DAK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a civil order to prevent violence and the offense of a
1-3 violation of the order.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 6, Civil Practice and Remedies Code, is
1-6 amended by adding Chapter 137 to read as follows:
1-7 CHAPTER 137. CIVIL ORDERS TO PREVENT VIOLENCE
1-8 Sec. 137.001. DEFINITIONS. In this chapter:
1-9 (1) "Court" means a district court or statutory county
1-10 court.
1-11 (2) "Violence" means an act by an individual against
1-12 another individual that is intended to result in physical harm,
1-13 bodily injury, or assault, or that is a threat that reasonably
1-14 places the individual against whom the act is directed in fear of
1-15 imminent physical harm, bodily injury, or assault. The term does
1-16 not include the reasonable discipline of a child by a person having
1-17 that duty.
1-18 Sec. 137.002. APPLICABILITY. This chapter does not apply to
1-19 a person who is eligible to file an application for a protective
1-20 order under Section 3.581 or Chapter 71, Family Code.
1-21 Sec. 137.003. COMMENCEMENT OF PROCEEDING. A proceeding
1-22 under this chapter is commenced by the filing of an application for
1-23 an order to prevent violence with the clerk of the court.
1-24 Sec. 137.004. VENUE. An application may be filed:
2-1 (1) in the county where the applicant resides; or
2-2 (2) in the county where an individual alleged to have
2-3 committed violence resides.
2-4 Sec. 137.005. APPLICATION. (a) An application under this
2-5 chapter is entitled "An application for an order to prevent
2-6 violence."
2-7 (b) An application may be filed by:
2-8 (1) any adult for the protection of the adult or a
2-9 child for whom the adult is responsible; or
2-10 (2) any prosecuting attorney who represents the state
2-11 in a district or statutory county court in the county in which
2-12 venue of the application is proper for the protection of any person
2-13 alleged to be a victim of violence.
2-14 (c) The county attorney or the district attorney is the
2-15 prosecuting attorney responsible for filing applications under this
2-16 chapter. The district attorney may assume the responsibility by
2-17 giving notice of that assumption to the county attorney. The
2-18 application is to be filed as provided by Article 5.06, Code of
2-19 Criminal Procedure.
2-20 (d) The fee for filing an application is $16 and is to be
2-21 paid to the clerk of the court in which the application is filed.
2-22 Except as provided by Section 137.007, the applicant may not be
2-23 assessed any other fees, costs, charges, or expenses by the clerk
2-24 of the court or any other public official in connection with the
2-25 application. The total fees relating to the filing of and service
2-26 of notice of an application for an order to prevent violence,
2-27 including fees under Section 137.007, may not exceed $36 under any
3-1 circumstances. An applicant who is unable to pay the filing fee
3-2 and other costs as provided by Section 137.007 may file with the
3-3 court an affidavit of inability to pay under the procedures, to the
3-4 extent that they apply, provided by the Texas Rules of Civil
3-5 Procedure.
3-6 (e) The court may assess a reasonable attorney's fee as
3-7 compensation for the services of a private or prosecuting attorney
3-8 representing an applicant against any party who is found to have
3-9 committed violence. In setting the amount of the fee, the court
3-10 shall consider the income and ability to pay of the person against
3-11 whom the fee is assessed. The amount of fees collected under this
3-12 section as compensation for the services of a prosecuting attorney
3-13 shall be paid to the credit of the county fund from which the
3-14 salaries of employees of the prosecuting attorney are paid or
3-15 supplemented.
3-16 Sec. 137.006. CONTENTS OF APPLICATION. (a) An application
3-17 must state:
3-18 (1) the name and county of residence of each applicant
3-19 and the name, address, and county of residence of each individual
3-20 alleged to have committed violence;
3-21 (2) any relationship between the applicants and the
3-22 individuals alleged to have committed violence; and
3-23 (3) a request for one or more orders to prevent
3-24 violence.
3-25 (b) If the application requests the issuance of a temporary
3-26 ex parte order under Section 137.018, the application must:
3-27 (1) contain a detailed description of the facts and
4-1 circumstances concerning the alleged violence and the need for an
4-2 immediate order to prevent violence; and
4-3 (2) be signed by each applicant under an oath that the
4-4 facts and circumstances contained in the application are true to
4-5 the best knowledge and belief of each applicant.
4-6 (c) If an application requests an order to prevent violence
4-7 and alleges that the respondent has violated a former order to
4-8 prevent violence protecting the applicant by committing an act
4-9 prohibited by the former order under Section 137.011(b) and that
4-10 the former order to prevent violence has expired since the alleged
4-11 violation occurred, the application for the order to prevent
4-12 violence must include:
4-13 (1) a copy of the former order to prevent violence
4-14 attached to the application or a statement that the order is
4-15 unavailable to the applicant and that a copy of the order will be
4-16 filed with the court before the hearing on the application;
4-17 (2) a description of the violation of the former order
4-18 to prevent violence; and
4-19 (3) a statement that the violation of the former order
4-20 described in the application has not been grounds for any other
4-21 order protecting the applicant that has been issued or requested
4-22 under this section.
4-23 (d) The procedural requirements relating to an order to
4-24 prevent violence under this chapter, including the application
4-25 under Section 137.005 and service under Section 137.007, apply to
4-26 an order to prevent violence under Subsection (c).
4-27 Sec. 137.007. SERVICE OF NOTICE OF APPLICATION FOR ORDER TO
5-1 PREVENT VIOLENCE. (a) Each individual who is alleged to have
5-2 committed violence is entitled to service of notice of an
5-3 application for an order to prevent violence as provided by this
5-4 section on the filing of an application.
5-5 (b) On the filing of the application, the clerk shall issue
5-6 a notice of an application for an order to prevent violence and
5-7 deliver the notice as directed by the applicant.
5-8 (c) On request of the applicant, the clerk shall issue a
5-9 separate or additional notice of an application for an order to
5-10 prevent violence.
5-11 (d) A notice of an application for an order to prevent
5-12 violence shall:
5-13 (1) be styled "The State of Texas";
5-14 (2) be signed by the clerk under seal of court;
5-15 (3) contain the name and location of the court;
5-16 (4) show the date of filing of the application;
5-17 (5) show the date of issuance of the notice of the
5-18 application for an order to prevent violence;
5-19 (6) show the date, time, and place of the hearing;
5-20 (7) show the file number;
5-21 (8) show the names of the applicant and each person
5-22 alleged to have committed violence;
5-23 (9) be directed to each person alleged to have
5-24 committed violence;
5-25 (10) show the name and address of the attorney for the
5-26 applicant or the address of the applicant; and
5-27 (11) contain the address of the clerk.
6-1 (e) The notice of an application for an order to prevent
6-2 violence must state: "An application for an order to prevent
6-3 violence has been filed in the court stated in this notice alleging
6-4 that you have committed violence. You may employ an attorney to
6-5 defend yourself against this allegation. You or your attorney may,
6-6 but are not required to, file a written answer to the application.
6-7 Any answer must be filed before the hearing on the application. If
6-8 you receive this notice within 48 hours before the time set for the
6-9 hearing, you may request the court to reschedule the hearing not
6-10 later than 14 days after the date set for the hearing. If you do
6-11 not attend the hearing, a default judgment may be taken and an
6-12 order to prevent violence may be issued against you."
6-13 (f) A party filing an application for an order to prevent
6-14 violence shall furnish the clerk with a sufficient number of copies
6-15 of the application for service of those individuals alleged in the
6-16 application to have committed violence.
6-17 (g) A notice of an application for an order to prevent
6-18 violence shall be served in the same manner as a citation under the
6-19 Texas Rules of Civil Procedure, except that service by publication
6-20 is not authorized.
6-21 (h) Service of notice of an application for an order to
6-22 prevent violence is not required before the issuance of a temporary
6-23 ex parte order under Section 137.018.
6-24 (i) The fee for service of notice of an application for an
6-25 order to prevent violence charged to the applicant under this
6-26 section may not be more than:
6-27 (1) $20 if the notice is delivered in person; or
7-1 (2) the cost of postage if the service is by
7-2 registered or certified mail.
7-3 Sec. 137.008. ANSWER. An individual served with notice of
7-4 an application for an order to prevent violence may but is not
7-5 required to file a written answer to the application. The answer
7-6 may be filed at any time before the hearing.
7-7 Sec. 137.009. HEARING. (a) Unless a later date is
7-8 requested by the applicant, the court, on the filing of an
7-9 application, shall set a date and time for the hearing on the
7-10 application. Except as provided by Subsection (d), the date must
7-11 be not later than 14 days after the date the application is filed.
7-12 (b) If a person entitled to service of a notice of
7-13 application for an order to prevent violence receives the service
7-14 within 48 hours before the time set for the hearing, the court, on
7-15 a request from the person, shall reschedule the hearing for a date
7-16 not later than 14 days after the date set for the hearing. The
7-17 person is not entitled to additional service for the rescheduled
7-18 hearing.
7-19 (c) If a hearing set under Subsection (a) is not held
7-20 because of the failure of a party to receive service of a notice of
7-21 application for an order to prevent violence, the applicant may
7-22 request the court to reschedule the hearing. Except as provided by
7-23 Subsection (d), the date for a rescheduled hearing under this
7-24 subsection must be not later than 14 days after the date on which
7-25 the request is made.
7-26 (d) A prosecuting attorney in a county with a population of
7-27 more than 1.5 million may request that a hearing under Subsection
8-1 (a) take place not later than 20 days after the date the
8-2 application is filed or that a hearing rescheduled under Subsection
8-3 (c) take place not later than 20 days after the date on which the
8-4 request is made. The prosecuting attorney may make a request under
8-5 this subsection on a case-by-case basis or to all the courts in the
8-6 county for all cases under this chapter. A court shall grant the
8-7 request of a prosecuting attorney under this subsection.
8-8 (e) A court may issue an order relating to an application
8-9 for an order to prevent violence that is binding on a party who
8-10 does not attend a hearing under this section if the absent party
8-11 received notice of the application. This subsection applies to a
8-12 party who receives notice within 48 hours before the time set for a
8-13 hearing if the party does not request that the hearing be
8-14 rescheduled.
8-15 Sec. 137.010. FINDINGS. (a) At the close of a hearing on
8-16 an application, the court shall find whether or not violence has
8-17 occurred and whether or not violence is likely to occur in the
8-18 foreseeable future.
8-19 (b) If the court finds that violence has occurred and that
8-20 violence is likely to occur in the foreseeable future, the court
8-21 may make any order to prevent violence authorized by this chapter
8-22 that is in the best interest of the applicant.
8-23 (c) If the court finds that a person violated a former order
8-24 to prevent violence made under this chapter by committing an act
8-25 prohibited by the former order under Section 137.011(b) while the
8-26 former order was in effect and that the former order is not
8-27 currently in effect, the court, without finding whether violence
9-1 has occurred or whether violence is likely to occur in the
9-2 foreseeable future, shall issue an order to prevent violence that
9-3 is in the best interest of the applicant.
9-4 (d) An order to prevent violence may apply only to a party
9-5 to the proceeding who:
9-6 (1) the court finds has committed violence and is
9-7 likely to commit violence in the foreseeable future;
9-8 (2) the court finds has violated a former order to
9-9 prevent violence;
9-10 (3) has agreed to the order under Section 137.013(a);
9-11 or
9-12 (4) is a respondent and has agreed to the order under
9-13 Section 137.013(b).
9-14 Sec. 137.011. ORDER TO PREVENT VIOLENCE. (a) In an order
9-15 to prevent violence the court may prohibit a party from doing
9-16 specified acts or require a party to do specified acts necessary or
9-17 appropriate to prevent or reduce the likelihood of violence,
9-18 including requiring one or more parties to counsel with a social
9-19 worker, service agency, physician, psychologist, or licensed
9-20 professional counselor.
9-21 (b) In an order to prevent violence the court may prohibit a
9-22 respondent from:
9-23 (1) committing violence;
9-24 (2) communicating:
9-25 (A) directly with an applicant in a threatening
9-26 or harassing manner;
9-27 (B) a threat through any person to an applicant;
10-1 and
10-2 (C) on a finding of good cause, in any manner
10-3 with an applicant except through the respondent's attorney or a
10-4 person appointed by the court;
10-5 (3) going to or near the residence or place of
10-6 employment or business of an applicant; and
10-7 (4) going to or near any child-care facility,
10-8 residence, or school where a child protected by the protective
10-9 order normally resides or attends.
10-10 (c) In an order under Subsections (b)(3) and (b)(4), the
10-11 court shall specifically describe the prohibited locations and the
10-12 minimum distances, if any, that the party must maintain unless
10-13 Section 137.112 applies, in which case, the court order need not
10-14 disclose the locations.
10-15 (d) Except on a showing of indigency by a person against
10-16 whom an order to prevent violence is directed, the order shall
10-17 require that the person:
10-18 (1) pay the cost of service of the order, the actual
10-19 costs of court, the costs incurred by the clerk not paid by the
10-20 applicant under Section 137.007, and any other fees, charges, or
10-21 expenses incurred in connection with the order to prevent violence;
10-22 and
10-23 (2) reimburse the applicant for any fees paid by the
10-24 applicant under this chapter by paying that amount to the clerk of
10-25 the court.
10-26 (e) The clerk of a court who receives money according to an
10-27 order to prevent violence from a person against whom the order is
11-1 directed shall reimburse the applicant for any fees paid by the
11-2 applicant under this chapter.
11-3 (f) A person who is ordered to pay costs or reimburse an
11-4 applicant under Subsection (d) who does not pay the costs or
11-5 reimburse the applicant before the 60th day after the date the
11-6 order was rendered may be punished for contempt of court by a fine
11-7 in an amount not to exceed $500, or by confinement in jail for a
11-8 term not to exceed six months, or both.
11-9 (g) A party for whom counseling is ordered under Subsection
11-10 (a) and who does not provide to the court before the 60th day after
11-11 the date the order was rendered an affidavit that the party has
11-12 started the counseling or that the counseling is not available
11-13 within a reasonable distance of the party's residence may be
11-14 punished for contempt of court by a fine in an amount not to exceed
11-15 $500, or by confinement in jail for a term not to exceed six
11-16 months, or both. The order shall specifically advise the party of
11-17 this requirement and the possible punishment for failure to comply.
11-18 (h) Any interested person may contest an affidavit of
11-19 indigency filed under Subsection (d).
11-20 Sec. 137.012. CONFIDENTIALITY OF CERTAIN INFORMATION. (a)
11-21 On the request of an applicant, the court may exclude from any
11-22 order to prevent violence under this chapter the address and
11-23 telephone number of:
11-24 (1) a person protected by the order, specifying only
11-25 the county of residence;
11-26 (2) the place of employment or business of a person
11-27 protected by the order; or
12-1 (3) the child-care facility or school where a child
12-2 protected by the order normally resides or attends.
12-3 (b) The court may order the clerk to strike the information
12-4 described by Subsection (a) from the public records of the court,
12-5 and, if necessary, make a confidential record of that information
12-6 for use only by the court.
12-7 Sec. 137.013. AGREED ORDERS. (a) To facilitate the
12-8 settlement of a proceeding under this chapter, two or more parties
12-9 to the proceeding may agree in writing, subject to the approval of
12-10 the court, to do or refrain from doing any act that the court could
12-11 order under Section 137.011(a).
12-12 (b) To facilitate the settlement of a proceeding under this
12-13 chapter, the respondent to an order to prevent violence may agree
12-14 in writing, subject to the approval of the court, to do or refrain
12-15 from doing any act that the court could order under Section
12-16 137.011(b).
12-17 (c) If all or part of an agreement under Subsection (a) is
12-18 approved by the court, the part of the agreement approved shall be
12-19 attached to the order to prevent violence and become a part of the
12-20 order of the court.
12-21 (d) If all or part of an agreement by the respondent under
12-22 Subsection (b) is approved by the court, the part of the agreement
12-23 approved shall be attached to the order to prevent violence and
12-24 become a part of the order of the court. The court may approve an
12-25 agreement or part of an agreement under this subsection only if the
12-26 agreement requires the respondent to do or refrain from doing an
12-27 act under Section 137.011(b). The court may not approve an
13-1 agreement or part of an agreement under this subsection that
13-2 requires the applicant to do or refrain from doing an act under
13-3 Section 137.011(b) even if the applicant consents in the agreement
13-4 to do or refrain from doing the act.
13-5 (e) An agreement that is made a part of the court's order is
13-6 enforceable as a court order and is not enforceable as a contract.
13-7 The agreement expires when the court order expires.
13-8 Sec. 137.014. REQUEST BY RESPONDENT FOR ORDER TO PREVENT
13-9 VIOLENCE. (a) A court may not enter a single order to prevent
13-10 violence that applies to both the respondent and the applicant
13-11 unless the order embodies an agreement of the parties under Section
13-12 137.013(a).
13-13 (b) To apply for an order to prevent violence against an
13-14 applicant, a respondent must file a separate application under this
13-15 chapter.
13-16 (c) A court may not delay a hearing on an applicant's
13-17 application for an order to prevent violence beyond the time
13-18 provided by Section 137.009 in order to consolidate it with a
13-19 hearing on a respondent's application for an order to prevent
13-20 violence against the applicant.
13-21 Sec. 137.015. DURATION OF ORDER TO PREVENT VIOLENCE. An
13-22 order made under Section 137.011 is effective for the period
13-23 specified in the order, not to exceed one year. If the order does
13-24 not specify a period in which the order is effective, the order
13-25 expires on the first anniversary of the date the order is issued.
13-26 Sec. 137.016. MODIFICATION OF ORDERS. (a) On the motion of
13-27 any party, the court, after notice to the other parties and a
14-1 hearing, may modify a prior order to exclude any item included in
14-2 the prior order or to include any item that could have been
14-3 included in the prior order.
14-4 (b) An order may not be modified to extend the period of its
14-5 validity beyond one year after the date the original order was
14-6 made.
14-7 Sec. 137.017. WARNING ON ORDER TO PREVENT VIOLENCE. (a)
14-8 Each order to prevent violence issued under this chapter, including
14-9 a temporary ex parte order, must have the following statement
14-10 printed in bold-face type or in capital letters:
14-11 "A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR
14-12 CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY
14-13 CONFINEMENT IN JAIL FOR AS LONG AS SIX MONTHS, OR
14-14 BOTH."
14-15 (b) Each order to prevent violence issued under this
14-16 chapter, except a temporary ex parte order, must have the following
14-17 statement printed in bold-face type or in capital letters:
14-18 "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT
14-19 PROHIBITED BY THE ORDER MAY BE PUNISHABLE BY A FINE OF
14-20 AS MUCH AS $4,000 OR BY CONFINEMENT IN JAIL FOR AS LONG
14-21 AS ONE YEAR, OR BOTH. AN ACT THAT RESULTS IN VIOLENCE
14-22 MAY BE PROSECUTED AS A SEPARATE MISDEMEANOR OR FELONY
14-23 OFFENSE. IF THE ACT IS PROSECUTED AS A SEPARATE FELONY
14-24 OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON FOR
14-25 AT LEAST TWO YEARS."
14-26 (c) Each order to prevent violence issued under this
14-27 chapter, including a temporary ex parte order, must have the
15-1 following statement printed in bold-face type or in capital
15-2 letters:
15-3 "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
15-4 ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR
15-5 VIOLATE ANY PROVISION OF THIS ORDER. DURING THE TIME
15-6 IN WHICH THIS ORDER IS VALID, EVERY PROVISION OF THIS
15-7 ORDER IS IN FULL FORCE AND EFFECT UNLESS A COURT
15-8 CHANGES THE ORDER."
15-9 Sec. 137.018. TEMPORARY ORDERS. (a) If the court finds
15-10 from the information contained in an application that there is a
15-11 clear and present danger of violence, the court, without further
15-12 notice to any other person and without a hearing, may enter a
15-13 temporary ex parte order for the protection of the applicant. The
15-14 court may direct any person who is alleged to have committed
15-15 violence to do or refrain from doing specified acts.
15-16 (b) A temporary ex parte order is valid for the period
15-17 specified in the order, not to exceed 20 days.
15-18 (c) On the request of an applicant or on the court's own
15-19 initiative, a temporary ex parte order may be extended for
15-20 additional 20-day periods.
15-21 (d) The court in its discretion may dispense with the
15-22 necessity of a bond in connection with a temporary ex parte order.
15-23 (e) Any person may at any time file a motion to vacate a
15-24 temporary ex parte order, and on the filing of the motion the court
15-25 shall set a date for a hearing on the motion as soon as possible.
15-26 (f) The court may stop the hearing to contact the respondent
15-27 by telephone and provide the respondent an opportunity to be
16-1 present when the court resumes the hearing. Without regard to
16-2 whether the respondent is able to be present at the hearing, the
16-3 court shall resume the hearing before the end of the working day.
16-4 Sec. 137.019. COPIES OF ORDERS. (a) An order to prevent
16-5 violence made under this chapter shall be delivered to the person
16-6 to whom the order applies in open court at the close of the
16-7 hearing, or served by registered or certified mail, in accordance
16-8 with Rule 21a, Texas Rules of Civil Procedure, or served in the
16-9 same manner as a writ of injunction.
16-10 (b) The clerk of the court issuing an original or modified
16-11 order to prevent violence under this chapter shall send a copy of
16-12 the order to the chief of police of the municipality where the
16-13 person protected by the order resides, if the person resides in a
16-14 municipality, or to the sheriff of the county where the person
16-15 resides, if the person does not reside in a municipality.
16-16 (c) If an order to prevent violence made under this chapter
16-17 prohibits a person from going to or near a child-care facility or
16-18 school under Section 137.011(b), the party requesting the order
16-19 shall send a copy of the order to the child-care facility or
16-20 school.
16-21 (d) The clerk of a court vacating an original or modified
16-22 order to prevent violence under this chapter shall notify the chief
16-23 of police or sheriff who received a copy of the original or
16-24 modified order that the order is vacated.
16-25 Sec. 137.020. DUTIES OF LAW ENFORCEMENT AGENCIES. (a) To
16-26 ensure that officers responding to calls are aware of the existence
16-27 and terms of an order to prevent violence issued under this
17-1 chapter, each municipal police department and sheriff shall
17-2 establish procedures within the department or office to provide
17-3 adequate information or access to information for law enforcement
17-4 officers of the names of persons protected by an order issued under
17-5 this chapter and of persons to whom orders to prevent violence are
17-6 directed.
17-7 (b) The municipal police department or sheriff may enter the
17-8 order to prevent violence in the department's or sheriff's computer
17-9 record of outstanding warrants as notice that the order has been
17-10 issued and is currently in effect. On notification by a clerk of a
17-11 court that the court has vacated or dismissed the order, the
17-12 municipal police department or sheriff shall remove the order from
17-13 the department's or sheriff's computer record of outstanding
17-14 warrants.
17-15 Sec. 137.021. RELIEF CUMULATIVE. Except as provided by this
17-16 chapter, the relief and remedies provided by this chapter are
17-17 cumulative of other relief and remedies provided by law.
17-18 SECTION 2. Chapter 25, Penal Code, is amended by adding
17-19 Section 25.075 to read as follows:
17-20 Sec. 25.075. VIOLATION OF CIVIL ORDER TO PREVENT VIOLENCE.
17-21 (a) A person commits an offense if, in violation of an order to
17-22 prevent violence issued under Chapter 137, Civil Practice and
17-23 Remedies Code, the person knowingly or intentionally:
17-24 (1) commits violence;
17-25 (2) directly communicates with a person protected by
17-26 the order in a threatening or harassing manner, communicates a
17-27 threat through any person to a person protected by the order, and,
18-1 if the order prohibits any communication with a person protected by
18-2 the order, communicates in any manner with the protected person
18-3 except through the person's attorney or a person appointed by the
18-4 court; or
18-5 (3) goes to or near any of the following places as
18-6 specifically described in the protective order:
18-7 (A) the residence or place of employment or
18-8 business of a person protected by the order; or
18-9 (B) any child-care facility, residence, or
18-10 school where a child protected by the order normally resides or
18-11 attends.
18-12 (b) If conduct constituting an offense under this section
18-13 also constitutes an offense under another section of this code, the
18-14 actor may be prosecuted under either section or under both
18-15 sections.
18-16 (c) Reconciliatory actions or agreements made by persons
18-17 affected by an order to prevent violence do not affect the validity
18-18 of the order or the duty of a peace officer to enforce this
18-19 section.
18-20 (d) A peace officer investigating conduct that may
18-21 constitute an offense under this section for a violation of an
18-22 order to prevent violence may not arrest a person protected by that
18-23 order for a violation of that order.
18-24 (e) It is not a defense to prosecution under this section
18-25 that certain information has been excluded, as provided by Section
18-26 137.012, Civil Practice and Remedies Code, from an order to which
18-27 this section applies.
19-1 (f) An offense under this section is a Class A misdemeanor.
19-2 (g) In this section, "violence" has the meaning assigned by
19-3 Section 137.001, Civil Practice and Remedies Code.
19-4 SECTION 3. Article 5.06(b), Code of Criminal Procedure, is
19-5 amended to read as follows:
19-6 (b) A prosecuting attorney's decision to file an application
19-7 for a protective order under Chapter 71, Family Code, or an order
19-8 to prevent violence under Chapter 137, Civil Practice and Remedies
19-9 Code, should be made without regard to whether a criminal complaint
19-10 has been filed by the applicant. A prosecuting attorney may
19-11 require the applicant to provide information for an offense report,
19-12 relating to the facts alleged in the application, with a local law
19-13 enforcement agency.
19-14 SECTION 4. This Act takes effect September 1, 1995.
19-15 SECTION 5. The importance of this legislation and the
19-16 crowded condition of the calendars in both houses create an
19-17 emergency and an imperative public necessity that the
19-18 constitutional rule requiring bills to be read on three several
19-19 days in each house be suspended, and this rule is hereby suspended.