By:  Moncrief                                 S.B. No. 550

         97S0004/1                           

                                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.  Subsections (a), (b), and (e), Article 17.292,

 1-4     Code of Criminal Procedure, are amended to read as follows:

 1-5           (a)  At a defendant's appearance before a magistrate after

 1-6     arrest for an offense involving family violence or an offense under

 1-7     Section 42.071 [42.07(a)(7)], Penal Code, the magistrate may issue

 1-8     an order for emergency protection on the magistrate's own motion or

 1-9     on the request of:

1-10                 (1)  the victim of the offense;

1-11                 (2)  the guardian of the victim;

1-12                 (3)  a peace officer; or

1-13                 (4)  the attorney representing the state.

1-14           (b)  The magistrate in the order for emergency protection may

1-15     prohibit the arrested party from:

1-16                 (1)  committing:

1-17                       (A)  family violence or an assault on the person

1-18     protected under the order; or

1-19                       (B)  an act in furtherance of an offense under

1-20     Section 42.071 [42.07(a)(7)], Penal Code;

1-21                 (2)  communicating:

1-22                       (A)  directly with a member of the family or

1-23     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           (e)  An order for emergency protection issued under this

2-12     article must contain the following statements printed in bold-face

2-13     type or in capital letters:

2-14           "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED

2-15     BY THE ORDER MAY BE [A FELONY] PUNISHABLE BY A FINE OF AS MUCH AS

2-16     $4,000 [$10,000] OR BY CONFINEMENT IN JAIL [IMPRISONMENT IN PRISON]

2-17     FOR AS LONG AS ONE YEAR [10 YEARS] OR BY BOTH. [FURTHER VIOLATIONS

2-18     OF THIS ORDER MAY BE PUNISHABLE BY IMPRISONMENT IN PRISON FOR AS

2-19     LONG AS 99 YEARS.] AN ACT THAT RESULTS IN FAMILY VIOLENCE OR A

2-20     STALKING OFFENSE MAY BE PROSECUTED AS A SEPARATE MISDEMEANOR OR

2-21     FELONY OFFENSE.  IF THE ACT IS PROSECUTED AS A SEPARATE FELONY

2-22     OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON FOR AT LEAST TWO

2-23     YEARS.

2-24           "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS

2-25     ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY

 3-1     PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS

 3-2     VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT

 3-3     UNLESS A COURT CHANGES THE ORDER."

 3-4           SECTION 2.  This Act takes effect September 1, 1997.

 3-5           SECTION 3.  The importance of this legislation and the

 3-6     crowded condition of the calendars in both houses create an

 3-7     emergency and an imperative public necessity that the

 3-8     constitutional rule requiring bills to be read on three several

 3-9     days in each house be suspended, and this rule is hereby suspended.