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.