By Moncrief S.B. No. 129
74R1818 GWK-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to protective orders for victims of family violence or the
1-3 offense of stalking and to the offense of violation of a protective
1-4 order.
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. EMERGENCY PROTECTIVE ORDERS. (a) On
1-9 arraignment after arrest for an offense involving family violence
1-10 or an offense under Section 42.07(a)(7), Penal Code, the magistrate
1-11 may issue an emergency protective order on the magistrate's own
1-12 motion or on the request of:
1-13 (1) the victim of the offense;
1-14 (2) the guardian of the victim; or
1-15 (3) a peace officer.
1-16 (b) The magistrate in the emergency protective order may
1-17 prohibit the arrested party from:
1-18 (1) committing:
1-19 (A) family violence; or
1-20 (B) an act in furtherance of an offense under
1-21 Section 42.07(a)(7), Penal Code;
1-22 (2) communicating:
1-23 (A) directly with a member of the family or
1-24 household in a threatening or harassing manner; or
2-1 (B) a threat through any person to a member of
2-2 the family or household; or
2-3 (3) going to or near:
2-4 (A) the residence, place of employment, or
2-5 business of a member of the family or household; or
2-6 (B) the residence, child care facility, or
2-7 school where a child protected under the order resides or attends.
2-8 (c) In the emergency protective order the magistrate shall
2-9 specifically describe the prohibited locations and the minimum
2-10 distances, if any, that the party must maintain, unless the
2-11 magistrate determines for the safety of the person or persons
2-12 protected by the order that specific descriptions of the locations
2-13 should be omitted.
2-14 (d) To the extent that a condition imposed by an emergency
2-15 protective order issued under this article conflicts with an
2-16 existing court order granting possession of or access to a child,
2-17 the condition imposed under this article prevails for the duration
2-18 of the emergency protective order.
2-19 (e) A protective order issued under this article must
2-20 contain the following statements printed in bold-faced type or in
2-21 capital letters:
2-22 "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
2-23 BY THE ORDER MAY BE A FELONY PUNISHABLE BY A FINE OF AS MUCH AS
2-24 $10,000 OR BY IMPRISONMENT IN PRISON FOR AS LONG AS 10 YEARS, OR
2-25 BOTH. FURTHER VIOLATIONS OF THIS ORDER MAY BE PUNISHABLE BY
2-26 IMPRISONMENT IN PRISON FOR AS LONG AS 99 YEARS. AN ACT THAT
2-27 RESULTS IN FAMILY VIOLENCE OR A STALKING OFFENSE MAY BE PROSECUTED
3-1 AS A SEPARATE MISDEMEANOR OR FELONY OFFENSE. IF THE ACT IS
3-2 PROSECUTED AS A SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY
3-3 CONFINEMENT IN PRISON FOR AT LEAST TWO YEARS.
3-4 "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
3-5 ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
3-6 PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
3-7 VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
3-8 UNLESS A COURT CHANGES THE ORDER."
3-9 (f) The magistrate issuing an order under this article shall
3-10 send a copy of the order to the chief of police in the municipality
3-11 where the member of the family or household or individual protected
3-12 by the order resides, if the person resides in a municipality, or
3-13 to the sheriff of the county where the person resides, if the
3-14 person does not reside in a municipality.
3-15 (g) If an order issued under this article prohibits a person
3-16 from going to or near a child care facility or school, the
3-17 magistrate shall send a copy of the order to the child care
3-18 facility or school.
3-19 (h) An order issued under this article is effective on
3-20 issuance, and the defendant shall be served a copy of the order in
3-21 open court. An order issued under this article remains in effect
3-22 until the 31st day after the date of issuance.
3-23 (i) To ensure that an officer responding to a call is aware
3-24 of the existence and terms of a protective order issued under this
3-25 article, each municipal police department and sheriff shall
3-26 establish a procedure within the department or office to provide
3-27 adequate information or access to information for peace officers of
4-1 the names of persons protected by an order issued under this
4-2 article and of persons to whom the order is directed. The police
4-3 department or sheriff may enter a protective order issued under
4-4 this article in the department's or office's record of outstanding
4-5 warrants as notice that the order has been issued and is in effect.
4-6 (j) In this article, "family," "family violence," and
4-7 "household" have the meanings assigned by Section 71.01, Family
4-8 Code.
4-9 SECTION 2. Sections 25.07(a), (f), and (g), Penal Code, are
4-10 amended to read as follows:
4-11 (a) A person commits an offense if, in violation of an order
4-12 issued under Section 3.581, <Section> 71.11, or <Section> 71.12,
4-13 Family Code, or under Article 17.292, Code of Criminal Procedure,
4-14 the person knowingly or intentionally:
4-15 (1) commits family violence or an act in furtherance
4-16 of an offense under Section 42.07(a)(7);
4-17 (2) directly communicates with a protected individual
4-18 or a member of the family or household in a threatening or
4-19 harassing manner, communicates a threat through any person to a
4-20 protected individual or a member of the family or household, and,
4-21 if the order prohibits any communication with a protected
4-22 individual or a member of the family or household, communicates in
4-23 any manner with the protected individual or the member of the
4-24 family or household except through the person's attorney or a
4-25 person appointed by the court; or
4-26 (3) goes to or near any of the following places as
4-27 specifically described in the protective order:
5-1 (A) the residence or place of employment or
5-2 business of a protected individual or a member of the family or
5-3 household; or
5-4 (B) any child care facility, residence, or
5-5 school where a child protected by the protective order normally
5-6 resides or attends.
5-7 (f) It is not a defense to prosecution under this section
5-8 that certain information has been excluded, as provided by Section
5-9 71.111, Family Code, or Article 17.292, Code of Criminal Procedure,
5-10 from an order to which this section applies.
5-11 (g) An offense under this section is a Class A misdemeanor
5-12 unless it is shown on the trial of the offense that the defendant
5-13 has previously been convicted under this section two or more times,
5-14 in which event the offense is a felony of the third degree.
5-15 SECTION 3. Sections 71.01(b)(2) and (3), Family Code, are
5-16 amended to read as follows:
5-17 (2) "Family violence" means:
5-18 (A) an act by a member of a family or household
5-19 against another member of the family or household that is intended
5-20 to result in physical harm, bodily injury, or assault, <or that is
5-21 a threat that reasonably places the member in fear of imminent
5-22 physical harm, bodily injury, or assault,> excluding the reasonable
5-23 discipline of a child by a person having that duty; <or>
5-24 (B) abuse, as that term is defined by Sections
5-25 34.012(1)(C), (E), and (G) of this code, by a member of a family or
5-26 household toward a child of the family or household; or
5-27 (C) the malicious damage by a member of a family
6-1 or household to property in possession of another member of the
6-2 family or household.
6-3 (3) "Family" includes individuals related by
6-4 consanguinity or affinity, as determined under Article 5996h,
6-5 Revised Statutes, individuals who are former spouses of each other,
6-6 individuals who are the biological parents of the same child,
6-7 without regard to marriage, <and> a foster child and foster parent,
6-8 and individuals who are members of the same household or formerly
6-9 were members of the same household whether or not those individuals
6-10 reside together.
6-11 SECTION 4. This Act takes effect September 1, 1995.
6-12 SECTION 5. The importance of this legislation and the
6-13 crowded condition of the calendars in both houses create an
6-14 emergency and an imperative public necessity that the
6-15 constitutional rule requiring bills to be read on three several
6-16 days in each house be suspended, and this rule is hereby suspended.