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.
2-24 * * * * *