By:  Moncrief, West                                    S.B. No. 129
            Shapiro, Zaffirini
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to magistrate's orders for emergency protection for
    1-2  victims of family violence or the offense of stalking and to the
    1-3  offense of violation of a protective order or magistrate's order
    1-4  for emergency protection.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Chapter 17, Code of Criminal Procedure, is
    1-7  amended by adding Article 17.292 to read as follows:
    1-8        Art. 17.292.  MAGISTRATE'S ORDER FOR EMERGENCY PROTECTION.
    1-9  (a)  At a defendant's appearance before a magistrate after arrest
   1-10  for an offense involving family violence or an offense under
   1-11  Section 42.07(a)(7), Penal Code, the magistrate may issue an order
   1-12  for emergency protection on the magistrate's own motion or on the
   1-13  request of:
   1-14              (1)  the victim of the offense;
   1-15              (2)  the guardian of the victim;
   1-16              (3)  a peace officer; or
   1-17              (4)  the attorney representing the state.
   1-18        (b)  The magistrate in the order for emergency protection may
   1-19  prohibit the arrested party from:
   1-20              (1)  committing:
   1-21                    (A)  family violence; or
   1-22                    (B)  an act in furtherance of an offense under
   1-23  Section 42.07(a)(7), Penal Code;
   1-24              (2)  communicating:
    2-1                    (A)  directly with a member of the family or
    2-2  household in a threatening or harassing manner; or
    2-3                    (B)  a threat through any person to a member of
    2-4  the family or household; or
    2-5              (3)  going to or near:
    2-6                    (A)  the residence, place of employment, or
    2-7  business of a member of the family or household; or
    2-8                    (B)  the residence, child care facility, or
    2-9  school where a child protected under the order resides or attends.
   2-10        (c)  In the order for emergency protection the magistrate
   2-11  shall specifically describe the prohibited locations and the
   2-12  minimum distances, if any, that the party must maintain, unless the
   2-13  magistrate determines for the safety of the person or persons
   2-14  protected by the order that specific descriptions of the locations
   2-15  should be omitted.
   2-16        (d)  To the extent that a condition imposed by an order for
   2-17  emergency protection issued under this article conflicts with an
   2-18  existing court order granting possession of or access to a child,
   2-19  the condition imposed under this article prevails for the duration
   2-20  of the order for emergency protection.
   2-21        (e)  An order for emergency protection issued under this
   2-22  article must contain the following statements printed in bold-face
   2-23  type or in capital letters:
   2-24        "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
   2-25  BY THE ORDER MAY BE A FELONY PUNISHABLE BY A FINE OF AS MUCH AS
   2-26  $10,000 OR BY IMPRISONMENT IN PRISON FOR AS LONG AS 10 YEARS OR BY
   2-27  BOTH.  FURTHER VIOLATIONS OF THIS ORDER MAY BE PUNISHABLE BY
    3-1  IMPRISONMENT IN PRISON FOR AS LONG AS 99 YEARS.  AN ACT THAT
    3-2  RESULTS IN FAMILY VIOLENCE OR A STALKING OFFENSE MAY BE PROSECUTED
    3-3  AS A SEPARATE MISDEMEANOR OR FELONY OFFENSE.  IF THE ACT IS
    3-4  PROSECUTED AS A SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY
    3-5  CONFINEMENT IN PRISON FOR AT LEAST TWO YEARS.
    3-6        "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
    3-7  ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
    3-8  PROVISION OF THIS ORDER.  DURING THE TIME IN WHICH THIS ORDER IS
    3-9  VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
   3-10  UNLESS A COURT CHANGES THE ORDER."
   3-11        (f)  The magistrate issuing an order for emergency protection
   3-12  under this article shall send a copy of the order to the chief of
   3-13  police in the municipality where the member of the family or
   3-14  household or individual protected by the order resides, if the
   3-15  person resides in a municipality, or to the sheriff of the county
   3-16  where the person resides, if the person does not reside in a
   3-17  municipality.
   3-18        (g)  If an order for emergency protection issued under this
   3-19  article prohibits a person from going to or near a child care
   3-20  facility or school, the magistrate shall send a copy of the order
   3-21  to the child care facility or school.
   3-22        (h)  An order for emergency protection issued under this
   3-23  article is effective on issuance, and the defendant shall be served
   3-24  a copy of the order in open court.  An order for emergency
   3-25  protection issued under this article remains in effect until the
   3-26  31st day after the date of issuance.
   3-27        (i)  To ensure that an officer responding to a call is aware
    4-1  of the existence and terms of an order for emergency protection
    4-2  issued under this article, each municipal police department and
    4-3  sheriff shall establish a procedure within the department or office
    4-4  to provide adequate information or access to information for peace
    4-5  officers of the names of persons protected by an order for
    4-6  emergency protection issued under this article and of persons to
    4-7  whom the order is directed.  The police department or sheriff may
    4-8  enter an order for emergency protection issued under this article
    4-9  in the department's or office's record of outstanding warrants as
   4-10  notice that the order has been issued and is in effect.
   4-11        (j)  In this article, "family," "family violence," and
   4-12  "household" have the meanings assigned by Section 71.01, Family
   4-13  Code.
   4-14        SECTION 2.  Subsections (a), (d), (e), (f), and (g), Section
   4-15  25.07, Penal Code, are amended to read as follows:
   4-16        (a)  A person commits an offense if, in violation of an order
   4-17  issued under Section 3.581, <Section> 71.11, or <Section> 71.12,
   4-18  Family Code, or under Article 17.292, Code of Criminal Procedure,
   4-19  the person knowingly or intentionally:
   4-20              (1)  commits family violence or an act in furtherance
   4-21  of an offense under Section 42.07(a)(7);
   4-22              (2)  directly communicates with a protected individual
   4-23  or a member of the family or household in a threatening or
   4-24  harassing manner, communicates a threat through any person to a
   4-25  protected individual or a member of the family or household, and,
   4-26  if the order prohibits any communication with a protected
   4-27  individual or a member of the family or household, communicates in
    5-1  any manner with the protected individual or the member of the
    5-2  family or household except through the person's attorney or a
    5-3  person appointed by the court; or
    5-4              (3)  goes to or near any of the following places as
    5-5  specifically described in the <protective> order:
    5-6                    (A)  the residence or place of employment or
    5-7  business of a protected individual or a member of the family or
    5-8  household; or
    5-9                    (B)  any child care facility, residence, or
   5-10  school where a child protected by the <protective> order normally
   5-11  resides or attends.
   5-12        (d)  Reconciliatory actions or agreements made by persons
   5-13  affected by an <a protective> order do not affect the validity of
   5-14  the order or the duty of a peace officer to enforce this section.
   5-15        (e)  A peace officer investigating conduct that may
   5-16  constitute an offense under this section for a violation of an <a
   5-17  protective> order may not arrest a person protected by that order
   5-18  for a violation of that order.
   5-19        (f)  It is not a defense to prosecution under this section
   5-20  that certain information has been excluded, as provided by Section
   5-21  71.111, Family Code, or Article 17.292, Code of Criminal Procedure,
   5-22  from an order to which this section applies.
   5-23        (g)  An offense under this section is a Class A misdemeanor
   5-24  unless it is shown on the trial of the offense that the defendant
   5-25  has previously been convicted under this section two or more times,
   5-26  in which event the offense is a state jail felony.
   5-27        SECTION 3.  The section heading to Section 25.07, Penal Code,
    6-1  is amended to read as follows:
    6-2        Sec. 25.07.  VIOLATION OF <A> PROTECTIVE ORDER OR
    6-3  MAGISTRATE'S ORDER.
    6-4        SECTION 4.  This Act takes effect September 1, 1995.
    6-5        SECTION 5.  The importance of this legislation and the
    6-6  crowded condition of the calendars in both houses create an
    6-7  emergency and an imperative public necessity that the
    6-8  constitutional rule requiring bills to be read on three several
    6-9  days in each house be suspended, and this rule is hereby suspended.