1-1  By:  Shapiro                                          S.B. No. 1051
    1-2        (In the Senate - Filed March 8, 1995; March 9, 1995, read
    1-3  first time and referred to Committee on Criminal Justice;
    1-4  April 7, 1995, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 7, Nays 0; April 7, 1995,
    1-6  sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR S.B. No. 1051                 By:  Shapiro
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to the enforcement of a protective order by a constable.
   1-11        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-12        SECTION 1.  Subsections (b) and (d), Section 3.582, Family
   1-13  Code, are amended to read as follows:
   1-14        (b)  The clerk of the court issuing an original or modified
   1-15  protective order under Section 3.581 of this code shall send a copy
   1-16  of the order to the chief of police of the city where the member of
   1-17  the family or household protected by the order resides, if the
   1-18  person resides in a city, or to the appropriate constable and the
   1-19  sheriff of the county where the person resides, if the person does
   1-20  not reside in a city.
   1-21        (d)  The clerk of a court vacating or dismissing an original
   1-22  or modified protective order under Section 3.581 of this code shall
   1-23  notify the constable, chief of police, or sheriff who received a
   1-24  copy of the original or modified order that the order is vacated.
   1-25        SECTION 2.  Section 3.583, Family Code, is amended to read as
   1-26  follows:
   1-27        Sec. 3.583.  DUTIES OF LAW ENFORCEMENT AGENCIES.  In order to
   1-28  ensure that officers responding to calls are aware of the existence
   1-29  and terms of protective orders issued under Section 3.581 of this
   1-30  code, each municipal police department, constable, and sheriff
   1-31  shall establish procedures within the department or office to
   1-32  provide adequate information or access to information for law
   1-33  enforcement officers of the names of persons protected by orders
   1-34  issued under Section 3.581 of this code and of persons to whom
   1-35  protective orders are directed.
   1-36        SECTION 3.  Subsection (i), Section 71.15, Family Code, is
   1-37  amended to read as follows:
   1-38        (i)  On the request of a person obtaining an order that
   1-39  excludes another person from the other person's residence, the
   1-40  court that granted the order may order the sheriff, constable, or
   1-41  chief of police to provide a law enforcement officer <from the
   1-42  department of the sheriff or the chief of police>:
   1-43              (1)  to accompany the person obtaining the order to the
   1-44  residence covered by the order;
   1-45              (2)  to protect the person obtaining the order while
   1-46  the person takes possession of the residence; and
   1-47              (3)  if the person obtaining the order is unable to
   1-48  take possession of the residence because the person being excluded
   1-49  occupies the residence, to inform the person being excluded that
   1-50  the court has ordered the person excluded from the residence.
   1-51        SECTION 4.  Subsections (b) and (d), Section 71.17, Family
   1-52  Code, are amended to read as follows:
   1-53        (b)  The clerk of the court issuing an original or modified
   1-54  protective order under this chapter shall send a copy of the order
   1-55  to the chief of police of the city where the member of the family
   1-56  or household protected by the order resides, if the person resides
   1-57  in a city, or to the appropriate constable and the sheriff of the
   1-58  county where the person resides, if the person does not reside in a
   1-59  city.
   1-60        (d)  The clerk of a court vacating an original or modified
   1-61  protective order under this chapter shall notify the constable,
   1-62  chief of police, or sheriff who received a copy of the original or
   1-63  modified order that the order is vacated.
   1-64        SECTION 5.  Section 71.18, Family Code, is amended to read as
   1-65  follows:
   1-66        Sec. 71.18.  DUTIES OF LAW ENFORCEMENT AGENCIES.  (a)  In
   1-67  order to insure that officers responding to calls are aware of the
   1-68  existence and terms of protective orders issued under this chapter,
    2-1  each municipal police department, constable, and sheriff shall
    2-2  establish procedures within the department or office to provide
    2-3  adequate information or access to information for law enforcement
    2-4  officers of the names of persons protected by order issued under
    2-5  this chapter and of persons to whom protective orders are directed.
    2-6        (b)  The municipal police department, constable, or sheriff
    2-7  may enter the protective order in the department's, constable's, or
    2-8  sheriff's computer record of outstanding warrants as notice that
    2-9  the order has been issued and is currently in effect.  On
   2-10  notification by a clerk of a court that the court has vacated or
   2-11  dismissed the order, the municipal police department, constable, or
   2-12  sheriff shall remove the order from the department's, constable's,
   2-13  or sheriff's computer record of outstanding warrants.
   2-14        SECTION 6.  This Act takes effect September 1, 1995, and
   2-15  applies only to a protective order issued on or after that date.  A
   2-16  protective order issued before the effective date of this Act is
   2-17  governed by the law in effect on the date the protective order was
   2-18  issued, and the former law is continued in effect for that purpose.
   2-19        SECTION 7.  The importance of this legislation and the
   2-20  crowded condition of the calendars in both houses create an
   2-21  emergency and an imperative public necessity that the
   2-22  constitutional rule requiring bills to be read on three several
   2-23  days in each house be suspended, and this rule is hereby suspended.
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