AN ACT
1-1 relating to emergency protective orders.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Article 17.292, Code of Criminal Procedure, is
1-4 amended to read as follows:
1-5 Art. 17.292. MAGISTRATE'S ORDER FOR EMERGENCY PROTECTION.
1-6 (a) At a defendant's appearance before a magistrate after arrest
1-7 for an offense involving family violence or an offense under
1-8 Section 42.072, Penal Code, the magistrate may issue an order for
1-9 emergency protection on the magistrate's own motion or on the
1-10 request of:
1-11 (1) the victim of the offense;
1-12 (2) the guardian of the victim;
1-13 (3) a peace officer; or
1-14 (4) the attorney representing the state.
1-15 (b) The magistrate in the order for emergency protection may
1-16 prohibit the arrested party from:
1-17 (1) committing:
1-18 (A) family violence or an assault on the person
1-19 protected under the order; or
1-20 (B) an act in furtherance of an offense under
1-21 Section 42.072, Penal Code;
1-22 (2) communicating:
1-23 (A) directly with a member of the family or
2-1 household or with the person protected under the order in a
2-2 threatening or harassing manner; or
2-3 (B) a threat through any person to a member of
2-4 the family or household or to the person protected under the order;
2-5 or
2-6 (3) going to or near:
2-7 (A) the residence, place of employment, or
2-8 business of a member of the family or household or of the person
2-9 protected under the order; or
2-10 (B) the residence, child care facility, or
2-11 school where a child protected under the order resides or attends.
2-12 (c) The victim of the offense need not be present in court
2-13 when the order for emergency protection is issued.
2-14 (d) In the order for emergency protection the magistrate
2-15 shall specifically describe the prohibited locations and the
2-16 minimum distances, if any, that the party must maintain, unless the
2-17 magistrate determines for the safety of the person or persons
2-18 protected by the order that specific descriptions of the locations
2-19 should be omitted.
2-20 (e) [(d)] To the extent that a condition imposed by an order
2-21 for emergency protection issued under this article conflicts with
2-22 an existing court order granting possession of or access to a
2-23 child, the condition imposed under this article prevails for the
2-24 duration of the order for emergency protection.
2-25 (f) [(e)] An order for emergency protection issued under
3-1 this article must contain the following statements printed in
3-2 bold-face type or in capital letters:
3-3 "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
3-4 BY THE ORDER MAY BE [A FELONY] PUNISHABLE BY A FINE OF AS MUCH AS
3-5 $4,000 [$10,000] OR BY CONFINEMENT IN JAIL [IMPRISONMENT IN PRISON]
3-6 FOR AS LONG AS ONE YEAR [10 YEARS] OR BY BOTH. [FURTHER VIOLATIONS
3-7 OF THIS ORDER MAY BE PUNISHABLE BY IMPRISONMENT IN PRISON FOR AS
3-8 LONG AS 99 YEARS.] AN ACT THAT RESULTS IN FAMILY VIOLENCE OR A
3-9 STALKING OFFENSE MAY BE PROSECUTED AS A SEPARATE MISDEMEANOR OR
3-10 FELONY OFFENSE. IF THE ACT IS PROSECUTED AS A SEPARATE FELONY
3-11 OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON FOR AT LEAST TWO
3-12 YEARS.
3-13 "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
3-14 ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
3-15 PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
3-16 VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
3-17 UNLESS A COURT CHANGES THE ORDER."
3-18 (g) [(f)] The magistrate issuing an order for emergency
3-19 protection under this article shall send a copy of the order to the
3-20 chief of police in the municipality where the member of the family
3-21 or household or individual protected by the order resides, if the
3-22 person resides in a municipality, or to the sheriff of the county
3-23 where the person resides, if the person does not reside in a
3-24 municipality. If the victim of the offense is not present when the
3-25 order is issued, the magistrate issuing the order shall order an
4-1 appropriate peace officer to make a good faith effort to notify,
4-2 within 24 hours, the victim that the order has been issued by
4-3 calling the victim's residence and place of employment. The clerk
4-4 of the court shall send a copy of the order to the victim.
4-5 (h) [(g)] If an order for emergency protection issued under
4-6 this article prohibits a person from going to or near a child care
4-7 facility or school, the magistrate shall send a copy of the order
4-8 to the child care facility or school.
4-9 (i) [(h)] An order for emergency protection issued under
4-10 this article is effective on issuance, and the defendant shall be
4-11 served a copy of the order in open court. An order for emergency
4-12 protection issued under this article remains in effect until the
4-13 31st day after the date of issuance.
4-14 (j) [(i)] To ensure that an officer responding to a call is
4-15 aware of the existence and terms of an order for emergency
4-16 protection issued under this article, each municipal police
4-17 department and sheriff shall establish a procedure within the
4-18 department or office to provide adequate information or access to
4-19 information for peace officers of the names of persons protected by
4-20 an order for emergency protection issued under this article and of
4-21 persons to whom the order is directed. The police department or
4-22 sheriff may enter an order for emergency protection issued under
4-23 this article in the department's or office's record of outstanding
4-24 warrants as notice that the order has been issued and is in effect.
4-25 (k) [(j)] In this article, "family," "family violence," and
5-1 "household" have the meanings assigned by Section 71.01, Family
5-2 Code.
5-3 SECTION 2. Subsection (c), Article 5.04, Code of Criminal
5-4 Procedure, is amended to read as follows:
5-5 (c) A written notice required by Subsection (b) of this
5-6 article is sufficient if it is in substantially the following form
5-7 with the required information in English and in Spanish inserted in
5-8 the notice:
5-9 "NOTICE TO ADULT VICTIMS OF FAMILY VIOLENCE
5-10 "It is a crime for any person to cause you any physical
5-11 injury or harm EVEN IF THAT PERSON IS A MEMBER OR FORMER MEMBER OF
5-12 YOUR FAMILY OR HOUSEHOLD.
5-13 "Please tell the investigating peace officer:
5-14 "IF you, your child, or any other household resident has been
5-15 injured; or
5-16 "IF you feel you are going to be in danger when the officer
5-17 leaves or later.
5-18 "You have the right to:
5-19 "ASK the local prosecutor to file a criminal complaint
5-20 against the person committing family violence; and
5-21 "APPLY to a court for an order to protect you (you should
5-22 consult a legal aid office, a prosecuting attorney, or a private
5-23 attorney). If a family or household member assaults you and is
5-24 arrested, you may request that a magistrate's order for emergency
5-25 protection be issued. Please inform the investigating officer if
6-1 you want an order for emergency protection. You need not be
6-2 present when the order is issued. You cannot be charged a fee by a
6-3 court in connection with filing, serving, or entering a protective
6-4 order. For example, the court can enter an order that:
6-5 "(1) the abuser not commit further acts of violence;
6-6 "(2) the abuser not threaten, harass, or contact you
6-7 at home;
6-8 "(3) directs the abuser to leave your household; and
6-9 "(4) establishes temporary custody of the children and
6-10 directs the abuser not to interfere with the children or any
6-11 property.
6-12 "A VIOLATION OF CERTAIN PROVISIONS OF COURT-ORDERED
6-13 PROTECTION (such as (1) and (2) above) MAY BE A FELONY.
6-14 "CALL THE FOLLOWING VIOLENCE SHELTERS OR SOCIAL ORGANIZATIONS
6-15 IF YOU NEED PROTECTION:
6-16 "____________________________
6-17 "____________________________."
6-18 SECTION 3. This Act takes effect September 1, 1997.
6-19 SECTION 4. The importance of this legislation and the
6-20 crowded condition of the calendars in both houses create an
6-21 emergency and an imperative public necessity that the
6-22 constitutional rule requiring bills to be read on three several
6-23 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 550 passed the Senate on
April 24, 1997, by the following vote: Yeas 29, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 550 passed the House on
May 21, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor