By:  Moncrief                                          S.B. No. 550

                                A BILL TO BE ENTITLED

                                       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

1-24     household or with the person protected under the order in a

 2-1     threatening or harassing manner; or

 2-2                       (B)  a threat through any person to a member of

 2-3     the family or household or to the person protected under the order;

 2-4     or

 2-5                 (3)  going to or near:

 2-6                       (A)  the residence, place of employment, or

 2-7     business of a member of the family or household or of the person

 2-8     protected under the order; or

 2-9                       (B)  the residence, child care facility, or

2-10     school where a child protected under the order resides or attends.

2-11           (c)  The victim of the offense need not be present in court

2-12     when the order for emergency protection is issued.

2-13           (d)  In the order for emergency protection the magistrate

2-14     shall specifically describe the prohibited locations and the

2-15     minimum distances, if any, that the party must maintain, unless the

2-16     magistrate determines for the safety of the person or persons

2-17     protected by the order that specific descriptions of the locations

2-18     should be omitted.

2-19           (e) [(d)]  To the extent that a condition imposed by an order

2-20     for emergency protection issued under this article conflicts with

2-21     an existing court order granting possession of or access to a

2-22     child, the condition imposed under this article prevails for the

2-23     duration of the order for emergency protection.

2-24           (f) [(e)]  An order for emergency protection issued under

2-25     this article must contain the following statements printed in

2-26     bold-face type or in capital letters:

2-27           "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED

 3-1     BY THE ORDER MAY BE [A FELONY] PUNISHABLE BY A FINE OF AS MUCH AS

 3-2     $4,000 [$10,000] OR BY CONFINEMENT IN JAIL [IMPRISONMENT IN PRISON]

 3-3     FOR AS LONG AS ONE YEAR [10 YEARS] OR BY BOTH.  [FURTHER VIOLATIONS

 3-4     OF THIS ORDER MAY BE PUNISHABLE BY IMPRISONMENT IN PRISON FOR AS

 3-5     LONG AS 99 YEARS.] AN ACT THAT RESULTS IN FAMILY VIOLENCE OR A

 3-6     STALKING OFFENSE MAY BE PROSECUTED AS A SEPARATE MISDEMEANOR OR

 3-7     FELONY OFFENSE.  IF THE ACT IS PROSECUTED AS A SEPARATE FELONY

 3-8     OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON FOR AT LEAST TWO

 3-9     YEARS.

3-10           "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS

3-11     ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY

3-12     PROVISION OF THIS ORDER.  DURING THE TIME IN WHICH THIS ORDER IS

3-13     VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT

3-14     UNLESS A COURT CHANGES THE ORDER."

3-15           (g) [(f)]  The magistrate issuing an order for emergency

3-16     protection under this article shall send a copy of the order to the

3-17     chief of police in the municipality where the member of the family

3-18     or household or individual protected by the order resides, if the

3-19     person resides in a municipality, or to the sheriff of the county

3-20     where the person resides, if the person does not reside in a

3-21     municipality.  If the victim of the offense is not present when the

3-22     order is issued, the magistrate issuing the order shall order an

3-23     appropriate peace officer to make a good faith effort to notify,

3-24     within 24 hours, the victim that the order has been issued by

3-25     calling the victim's residence and place of employment.  The clerk

3-26     of the court shall send a copy of the order to the victim.

3-27           (h) [(g)]  If an order for emergency protection issued under

 4-1     this article prohibits a person from going to or near a child care

 4-2     facility or school, the magistrate shall send a copy of the order

 4-3     to the child care facility or school.

 4-4           (i) [(h)]  An order for emergency protection issued under

 4-5     this article is effective on issuance, and the defendant shall be

 4-6     served a copy of the order in open court.  An order for emergency

 4-7     protection issued under this article remains in effect until the

 4-8     31st day after the date of issuance.

 4-9           (j) [(i)]  To ensure that an officer responding to a call is

4-10     aware of the existence and terms of an order for emergency

4-11     protection issued under this article, each municipal police

4-12     department and sheriff shall establish a procedure within the

4-13     department or office to provide adequate information or access to

4-14     information for peace officers of the names of persons protected by

4-15     an order for emergency protection issued under this article and of

4-16     persons to whom the order is directed.  The police department or

4-17     sheriff may enter an order for emergency protection issued under

4-18     this article in the department's or office's record of outstanding

4-19     warrants as notice that the order has been issued and is in effect.

4-20           (k) [(j)]  In this article, "family," "family violence," and

4-21     "household" have the meanings assigned by Section 71.01, Family

4-22     Code.

4-23           SECTION 2.  Subsection (c), Article 5.04, Code of Criminal

4-24     Procedure, is amended to read as follows:

4-25           (c)  A written notice required by Subsection (b) of this

4-26     article is sufficient if it is in substantially the following form

4-27     with the required information in English and in Spanish inserted in

 5-1     the notice:

 5-2                 "NOTICE TO ADULT VICTIMS OF FAMILY VIOLENCE

 5-3           "It is a crime for any person to cause you any physical

 5-4     injury or harm EVEN IF THAT PERSON IS A MEMBER OR FORMER MEMBER OF

 5-5     YOUR FAMILY OR HOUSEHOLD.

 5-6           "Please tell the investigating peace officer:

 5-7           "IF you, your child, or any other household resident has been

 5-8     injured; or

 5-9           "IF you feel you are going to be in danger when the officer

5-10     leaves or later.

5-11           "You have the right to:

5-12           "ASK the local prosecutor to file a criminal complaint

5-13     against the person committing family violence; and

5-14           "APPLY to a court for an order to protect you (you should

5-15     consult a legal aid office, a prosecuting attorney, or a private

5-16     attorney). If a family or household member assaults you and is

5-17     arrested, you may request that a magistrate's order for emergency

5-18     protection be issued.  Please inform the investigating officer if

5-19     you want an order for emergency protection.  You need not be

5-20     present when the order is issued.  You cannot be charged a fee by a

5-21     court in connection with filing, serving, or entering a protective

5-22     order.  For example, the court can enter an order that:

5-23                 "(1)  the abuser not commit further acts of violence;

5-24                 "(2)  the abuser not threaten, harass, or contact you

5-25     at home;

5-26                 "(3)  directs the abuser to leave your household; and

5-27                 "(4)  establishes temporary custody of the children and

 6-1     directs the abuser not to interfere with the children or any

 6-2     property.

 6-3           "A VIOLATION OF CERTAIN PROVISIONS OF COURT-ORDERED

 6-4     PROTECTION (such as (1) and (2) above) MAY BE A FELONY.

 6-5           "CALL THE FOLLOWING VIOLENCE SHELTERS OR SOCIAL ORGANIZATIONS

 6-6     IF YOU NEED PROTECTION:

 6-7           "____________________________

 6-8           "____________________________."

 6-9           SECTION 3.  This Act takes effect September 1, 1997.

6-10           SECTION 4.  The importance of this legislation and the

6-11     crowded condition of the calendars in both houses create an

6-12     emergency and an imperative public necessity that the

6-13     constitutional rule requiring bills to be read on three several

6-14     days in each house be suspended, and this rule is hereby suspended.