Amend SB 1253 on third reading by adding the appropriately numbered
sections and renumbering the sections of the bill accordingly:
SECTION ____. Chapter 71, Family Code, as added by SB 797,
Acts of the 75th Legislature, Regular Session, 1997, is amended by
adding Section 71.008 to read as follows:
Sec. 71.008. PROTECTIVE ORDER FROM ANOTHER JURISDICTION.
"Protective order from another jurisdiction" means a protective
order rendered by a military court or a court of another state,
tribe, or territory related to protecting an individual from
domestic or family violence and that meets the following
requirements:
(1) the order is rendered by a court that has
jurisdiction over the parties and the matter under the law of the
military, state, tribe, or territory; and
(2) the respondent is given notice and an opportunity
to be heard consistent with due process either:
(A) before the date the order was rendered; or
(B) in the case of an ex parte order, within the
time required by the jurisdiction rendering the order after the
date the order is rendered, but not later than a reasonable time.
SECTION ____. Chapter 86, Family Code, as added by SB 797,
Acts of the 75th Legislature, Regular Session, 1997, is amended by
adding Section 86.005 to read as follows:
Sec. 86.005. PROTECTIVE ORDER FROM ANOTHER JURISDICTION.
(a) To ensure that law enforcement officers responding to calls are
aware of the existence and terms of a protective order from another
jurisdiction, each law enforcement agency shall establish
procedures in the agency to provide adequate information or access
to information for law enforcement officers regarding the name of
each person protected by an order rendered in another jurisdiction
and of each person against whom the protective order is directed.
(b) Unless a law enforcement officer knows that the
protective order has expired, the officer shall rely on:
(1) a copy of a protective order from another
jurisdiction that has been provided to the officer by any source;
and
(2) the statement by a person protected by the order
that the order remains in effect.
(c) A law enforcement officer acting in good faith is not
subject to civil or criminal liability for any action arising in
connection with the enforcement of a protective order issued in
another jurisdiction that a court later determines was not entitled
to full faith and credit under Chapter 88.
SECTION 1. Subtitle B, Title 4, Family Code, as added by
SB 797, Acts of the 75th Legislature, Regular Session, 1997, is
amended by adding Chapter 88 to read as follows:
CHAPTER 88. PROTECTIVE ORDER FROM ANOTHER JURISDICTION
Sec. 88.001. FULL FAITH AND CREDIT OF PROTECTIVE ORDER FROM
ANOTHER JURISDICTION. (a) Except as provided by Subsection (b), a
protective order from another jurisdiction shall be accorded full
faith and credit by the courts of this state and enforced as if the
order was rendered by a court in this state.
(b) A protective order from another jurisdiction rendered
against both the applicant and respondent is not enforceable
against the applicant in this state unless:
(1) the respondent filed a cross or counter petition,
complaint, or other written pleading seeking a protective order
against the applicant; and
(2) the issuing court determined that each party was
entitled to a protective order.
Sec. 88.002. PRESUMPTION OF VALIDITY. A protective order
from another jurisdiction is presumed to be valid if the order
appears authentic on the order's face.
Sec. 88.003. AFFIRMATIVE DEFENSE. It is an affirmative
defense in any action seeking enforcement of a protective order
rendered in another jurisdiction that the respondent was not given
reasonable notice and an opportunity to be heard consistent with
due process either:
(1) before the date the order was rendered; or
(2) in the case of an ex parte order, within the time
required by the jurisdiction rendering the order after the date the
order was rendered, but not later than a reasonable time.
Sec. 88.004. ENFORCEMENT OF AN ORDER. A protective order
from another jurisdiction may be enforced even if the order is not
entered into the state law enforcement information system
maintained by the Department of Public Safety.
SECTION ____. Subsections (a) and (g), Section 25.07, Penal
Code, as amended by Chapters 658 and 1024, Acts of the 74th
Legislature, 1995, are amended to read as follows:
(a) A person commits an offense if, in violation of an order
issued under Section 3.581<, 71.11,> or Chapter 85 <71.12>, Family
Code, <or> under Article 17.292, Code of Criminal Procedure, or by
another jurisdiction as provided by Chapter 88, Family Code, the
person knowingly or intentionally:
(1) commits family violence or an act in furtherance
of an offense under Section 42.07(a)(7);
(2) communicates:
(A) directly with a protected individual or a
member of the family or household in a threatening or harassing
manner;
(B) a threat through any person to a protected
individual or a member of the family or household; and
(C) in any manner with the protected individual
or a member of the family or household except through the person's
attorney or a person appointed by the court, if the order prohibits
any communication with a protected individual or a member of the
family or household;
(3) goes to or near any of the following places as
specifically described in the order:
(A) the residence or place of employment or
business of a protected individual or a member of the family or
household; or
(B) any child care facility, residence, or
school where a child protected by the order normally resides or
attends.
(4) engages in conduct directed specifically toward a
person who is a member of the family or household, including
following the person, that is reasonably likely to harass, annoy,
alarm, abuse, torment, or embarrass that person.
(g) An offense under this section is a Class A misdemeanor
unless it is shown on the trial of the offense that the defendant
has previously been convicted under this section two or more times
or has violated the protective order by committing an assault or
the offense of stalking, in which event the offense is a third
degree felony <state jail felony>.
SECTION ____. Subsection (a), Article 5.04, Code of Criminal
Procedure, is amended to read as follows:
(a) The primary duties of a peace officer who investigates a
family violence allegation or who responds to a disturbance call
that may involve family violence are to protect any potential
victim of family violence, enforce the law of this state, enforce a
protective order from another jurisdiction as provided by Chapter
88, Family Code, and make lawful arrests of violators.
SECTION ____. (a) The changes in law made by this Act to
Sections 25.07(a) and (g), Penal Code, apply only to an offense
committed on or after the effective date of this Act. For purposes
of this section, an offense is committed before the effective date
of this Act if any element of the offense occurs before that date.
(b) An offense committed before the effective date of this
Act is covered by the law in effect when the offense was committed,
and the former law is continued in effect for that purpose.