1-1  By:  Moncrief                                          S.B. No. 129
    1-2        (In the Senate - Filed December 6, 1994; January 16, 1995,
    1-3  read first time and referred to Committee on Criminal Justice;
    1-4  January 31, 1995, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 6, Nays 0;
    1-6  January 31, 1995, sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR S.B. No. 129                 By:  Moncrief
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to magistrate's orders for emergency protection for
   1-11  victims of family violence or the offense of stalking and to the
   1-12  offense of violation of a protective order or magistrate's order
   1-13  for emergency protection.
   1-14        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-15        SECTION 1.  Chapter 17, Code of Criminal Procedure, is
   1-16  amended by adding Article 17.292 to read as follows:
   1-17        Art. 17.292.  MAGISTRATE'S ORDER FOR EMERGENCY PROTECTION.
   1-18  (a)  At a defendant's appearance before a magistrate after arrest
   1-19  for an offense involving family violence or an offense under
   1-20  Section 42.07(a)(7), Penal Code, the magistrate may issue an order
   1-21  for emergency protection on the magistrate's own motion or on the
   1-22  request of:
   1-23              (1)  the victim of the offense;
   1-24              (2)  the guardian of the victim;
   1-25              (3)  a peace officer; or
   1-26              (4)  the attorney representing the state.
   1-27        (b)  The magistrate in the order for emergency protection may
   1-28  prohibit the arrested party from:
   1-29              (1)  committing:
   1-30                    (A)  family violence; or
   1-31                    (B)  an act in furtherance of an offense under
   1-32  Section 42.07(a)(7), Penal Code;
   1-33              (2)  communicating:
   1-34                    (A)  directly with a member of the family or
   1-35  household in a threatening or harassing manner; or
   1-36                    (B)  a threat through any person to a member of
   1-37  the family or household; or
   1-38              (3)  going to or near:
   1-39                    (A)  the residence, place of employment, or
   1-40  business of a member of the family or household; or
   1-41                    (B)  the residence, child care facility, or
   1-42  school where a child protected under the order resides or attends.
   1-43        (c)  In the order for emergency protection the magistrate
   1-44  shall specifically describe the prohibited locations and the
   1-45  minimum distances, if any, that the party must maintain, unless the
   1-46  magistrate determines for the safety of the person or persons
   1-47  protected by the order that specific descriptions of the locations
   1-48  should be omitted.
   1-49        (d)  To the extent that a condition imposed by an order for
   1-50  emergency protection issued under this article conflicts with an
   1-51  existing court order granting possession of or access to a child,
   1-52  the condition imposed under this article prevails for the duration
   1-53  of the order for emergency protection.
   1-54        (e)  An order for emergency protection issued under this
   1-55  article must contain the following statements printed in bold-face
   1-56  type or in capital letters:
   1-57        "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
   1-58  BY THE ORDER MAY BE A FELONY PUNISHABLE BY A FINE OF AS MUCH AS
   1-59  $10,000 OR BY IMPRISONMENT IN PRISON FOR AS LONG AS 10 YEARS OR BY
   1-60  BOTH.  FURTHER VIOLATIONS OF THIS ORDER MAY BE PUNISHABLE BY
   1-61  IMPRISONMENT IN PRISON FOR AS LONG AS 99 YEARS.  AN ACT THAT
   1-62  RESULTS IN FAMILY VIOLENCE OR A STALKING OFFENSE MAY BE PROSECUTED
   1-63  AS A SEPARATE MISDEMEANOR OR FELONY OFFENSE.  IF THE ACT IS
   1-64  PROSECUTED AS A SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY
   1-65  CONFINEMENT IN PRISON FOR AT LEAST TWO YEARS.
   1-66        "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
   1-67  ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
   1-68  PROVISION OF THIS ORDER.  DURING THE TIME IN WHICH THIS ORDER IS
    2-1  VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
    2-2  UNLESS A COURT CHANGES THE ORDER."
    2-3        (f)  The magistrate issuing an order for emergency protection
    2-4  under this article shall send a copy of the order to the chief of
    2-5  police in the municipality where the member of the family or
    2-6  household or individual protected by the order resides, if the
    2-7  person resides in a municipality, or to the sheriff of the county
    2-8  where the person resides, if the person does not reside in a
    2-9  municipality.
   2-10        (g)  If an order for emergency protection issued under this
   2-11  article prohibits a person from going to or near a child care
   2-12  facility or school, the magistrate shall send a copy of the order
   2-13  to the child care facility or school.
   2-14        (h)  An order for emergency protection issued under this
   2-15  article is effective on issuance, and the defendant shall be served
   2-16  a copy of the order in open court.  An order for emergency
   2-17  protection issued under this article remains in effect until the
   2-18  31st day after the date of issuance.
   2-19        (i)  To ensure that an officer responding to a call is aware
   2-20  of the existence and terms of an order for emergency protection
   2-21  issued under this article, each municipal police department and
   2-22  sheriff shall establish a procedure within the department or office
   2-23  to provide adequate information or access to information for peace
   2-24  officers of the names of persons protected by an order for
   2-25  emergency protection issued under this article and of persons to
   2-26  whom the order is directed.  The police department or sheriff may
   2-27  enter an order for emergency protection issued under this article
   2-28  in the department's or office's record of outstanding warrants as
   2-29  notice that the order has been issued and is in effect.
   2-30        (j)  In this article, "family," "family violence," and
   2-31  "household" have the meanings assigned by Section 71.01, Family
   2-32  Code.
   2-33        SECTION 2.  Subsections (a), (d), (e), (f), and (g), Section
   2-34  25.07, Penal Code, are amended to read as follows:
   2-35        (a)  A person commits an offense if, in violation of an order
   2-36  issued under Section 3.581, <Section> 71.11, or <Section> 71.12,
   2-37  Family Code, or under Article 17.292, Code of Criminal Procedure,
   2-38  the person knowingly or intentionally:
   2-39              (1)  commits family violence or an act in furtherance
   2-40  of an offense under Section 42.07(a)(7);
   2-41              (2)  directly communicates with a protected individual
   2-42  or a member of the family or household in a threatening or
   2-43  harassing manner, communicates a threat through any person to a
   2-44  protected individual or a member of the family or household, and,
   2-45  if the order prohibits any communication with a protected
   2-46  individual or a member of the family or household, communicates in
   2-47  any manner with the protected individual or the member of the
   2-48  family or household except through the person's attorney or a
   2-49  person appointed by the court; or
   2-50              (3)  goes to or near any of the following places as
   2-51  specifically described in the <protective> order:
   2-52                    (A)  the residence or place of employment or
   2-53  business of a protected individual or a member of the family or
   2-54  household; or
   2-55                    (B)  any child care facility, residence, or
   2-56  school where a child protected by the <protective> order normally
   2-57  resides or attends.
   2-58        (d)  Reconciliatory actions or agreements made by persons
   2-59  affected by an <a protective> order do not affect the validity of
   2-60  the order or the duty of a peace officer to enforce this section.
   2-61        (e)  A peace officer investigating conduct that may
   2-62  constitute an offense under this section for a violation of an <a
   2-63  protective> order may not arrest a person protected by that order
   2-64  for a violation of that order.
   2-65        (f)  It is not a defense to prosecution under this section
   2-66  that certain information has been excluded, as provided by Section
   2-67  71.111, Family Code, or Article 17.292, Code of Criminal Procedure,
   2-68  from an order to which this section applies.
   2-69        (g)  An offense under this section is a Class A misdemeanor
   2-70  unless it is shown on the trial of the offense that the defendant
    3-1  has previously been convicted under this section two or more times,
    3-2  in which event the offense is a felony of the third degree.
    3-3        SECTION 3.  The section heading to Section 25.07, Penal Code,
    3-4  is amended to read as follows:
    3-5        Sec. 25.07.  VIOLATION OF <A> PROTECTIVE ORDER OR
    3-6  MAGISTRATE'S ORDER.
    3-7        SECTION 4.  This Act takes effect September 1, 1995.
    3-8        SECTION 5.  The importance of this legislation and the
    3-9  crowded condition of the calendars in both houses create an
   3-10  emergency and an imperative public necessity that the
   3-11  constitutional rule requiring bills to be read on three several
   3-12  days in each house be suspended, and this rule is hereby suspended.
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