CJ S.B. 1726 75(R)BILL ANALYSIS


JUVENILE JUSTICE & FAMILY ISSUES
S.B. 1726
By: WEST (GOODMAN)
5-8-97
Committee Report (Unamended)


BACKGROUND 

Currently, federal law requires all states to enact, at the earliest
opportunity, a state full faith and credit provision for the enforcement
of foreign protective orders.  The Violence Against Women Act specifies
that in order to qualify to receive federal funding, states must provide
for the enforcement of a protective order which has been issued by another
state, a military court, a tribal court, or a territorial court; and must
provide for registration of such a protective order on the existing
statewide computer registry.  This bill would enact provisions to comply
with the Violence Against Women Act.   

PURPOSE

As proposed, C.S.S.B. 1726 sets forth provisions complying with federal
law, the Violence Against Women Act.  This bill defines "protective order
from another jurisdiction," establishes procedures for each law
enforcement agency to provide access to information regarding foreign
protective orders;  and provides for the full faith and credit of foreign
protective orders by the courts of Texas.  
RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 71, Family Code, by adding Section 71.008, as
follows:  

Sec. 71.008.  PROTECTIVE ORDER FROM ANOTHER JURISDICTION.  Defines
"protective order from another jurisdiction" as 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 certain requirements.   

SECTION 2. Amends Chapter 86, Family Code, by adding Section 86.005, as
follows:  

Sec. 86.005.  PROTECTIVE ORDER FROM ANOTHER JURISDICTION.  Requires each
law enforcement agency, to ensure that law enforcement officers responding
to calls are aware of the existence and terms of a protective order from
another jurisdiction, to establish procedures in the agency to provide
adequate information or access to information for law enforcement officers
of the name of each person protected by an order rendered in another
jurisdiction and of each person against whom the protective order is
directed.  Requires the officer, under certain conditions, to rely on a
copy of a protective order from another jurisdiction that has been
provided to the officer by any source; and the statement by a person
protected by the order that the order remains in effect.  Provides that 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 3. Amends Title 4B, Family Code, by adding Chapter 88, as follows:

CHAPTER 88.  PROTECTIVE ORDER FROM ANOTHER JURISDICTION
 
Sec. 88.001.  FULL FAITH AND CREDIT OF PROTECTIVE ORDER FROM ANOTHER
JURISDICTION.  Requires a protective order from another jurisdiction to 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.  Provides that a
protective order from another jurisdiction rendered against both the
applicant and respondent is not enforceable against the applicant in this
state unless certain conditions exist.   

Sec. 88.002.  PRESUMPTION OF VALIDITY.  Provides that 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.  Provides that 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
before the date the order was rendered; or 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 no later than a reasonable
time.   

Sec. 88.004.  ENFORCEMENT OF AN ORDER.  Authorizes a protective order from
another jurisdiction to be enforced even if the order is not entered into
the state law enforcement information system maintained by the Department
of Public Safety.     

SECTION 4. Amends Sections 25.07(a) and (g), Penal Code, to provide that a
person commits an offense if, in violation of an order issued under
Section 3.581 or Chapter 85, Family Code, under Article 17.292, Code of
Criminal Procedure, or by another jurisdiction as provided by Chapter 88,
Family Code, the person knowingly or intentionally, among other actions,
communicates directly with a protected individual or a member of the
family or household in a threatening or harassing manner.  Deletes text
referring to Sections 71.11 and 71.12, Family Code.  Provides that an
offense under this section is 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, rather than a state jail felony.  Makes
conforming changes.  

SECTION 5. Amends Article 5.04(a), Code of Criminal Procedure, to provide
that 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 6. Effective date: September 1, 1997.

SECTION 7. Makes application of this Act prospective.

SECTION 8. Emergency clause.