By:  West                                             S.B. No. 1726

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to full faith and credit for valid foreign protective

 1-2     orders; providing penalties.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Chapter 71, Family Code, as added by S.B. No.

 1-5     797, Acts of the 75th Legislature, Regular Session, 1997, is

 1-6     amended by adding Section 71.008 to read as follows:

 1-7           Sec. 71.008.  PROTECTIVE ORDER FROM ANOTHER JURISDICTION.

 1-8     "Protective order from another jurisdiction" means a protective

 1-9     order rendered by a military court or a court of another state,

1-10     tribe, or territory related to protecting an individual from

1-11     domestic or family violence and that meets the following

1-12     requirements:

1-13                 (1)  the order is rendered by a court that has

1-14     jurisdiction over the parties and the matter under the law of the

1-15     military, state, tribe, or territory; and

1-16                 (2)  the respondent is given notice and an opportunity

1-17     to be heard consistent with due process either:

1-18                       (A)  before the date the order was rendered; or

1-19                       (B)  in the case of an ex parte order, within the

1-20     time required by the jurisdiction rendering the order after the

1-21     date the order is rendered, but not later than a reasonable time.

1-22           SECTION 2.  Chapter 86, Family Code, as added by S.B. No.

1-23     797, Acts of the 75th Legislature, Regular Session, 1997, is

 2-1     amended by adding Section 86.005 to read as follows:

 2-2           Sec. 86.005.  PROTECTIVE ORDER FROM ANOTHER JURISDICTION.

 2-3     (a) To ensure that law enforcement officers responding to calls are

 2-4     aware of the existence and terms of a protective order from another

 2-5     jurisdiction, each law enforcement agency shall establish

 2-6     procedures in the agency to provide adequate information or access

 2-7     to information for law enforcement officers regarding the name of

 2-8     each person protected by an order rendered in another jurisdiction

 2-9     and of each person against whom the protective order is directed.

2-10           (b)  Unless a law enforcement officer knows that the

2-11     protective order has expired, the officer shall rely on:

2-12                 (1)  a copy of a protective order from another

2-13     jurisdiction that has been provided to the officer by any source;

2-14     and

2-15                 (2)  the statement by a person protected by the order

2-16     that the order remains in effect.

2-17           (c)  A law enforcement officer acting in good faith is not

2-18     subject to civil or criminal liability for any action arising in

2-19     connection with the enforcement of a protective order issued in

2-20     another jurisdiction that a court later determines was not entitled

2-21     to full faith and credit under Chapter 88.

2-22           SECTION 3.  Subtitle B, Title 4, Family Code, as added by

2-23     S.B. No. 797, Acts of the 75th Legislature, Regular Session, 1997,

2-24     is amended by adding Chapter 88 to read as follows:

 3-1           CHAPTER 88.  PROTECTIVE ORDER FROM ANOTHER JURISDICTION

 3-2           Sec. 88.001.  FULL FAITH AND CREDIT OF PROTECTIVE ORDER FROM

 3-3     ANOTHER JURISDICTION.  (a)  Except as provided by Subsection (b), a

 3-4     protective order from another jurisdiction shall be accorded full

 3-5     faith and credit by the courts of this state and enforced as if the

 3-6     order was rendered by a court in this state.

 3-7           (b)  A protective order from another jurisdiction rendered

 3-8     against both the applicant and respondent is not enforceable

 3-9     against the applicant in this state unless:

3-10                 (1)  the respondent filed a cross or counter petition,

3-11     complaint, or other written pleading seeking a protective order

3-12     against the applicant; and

3-13                 (2)  the issuing court determined that each party was

3-14     entitled to a protective order.

3-15           Sec. 88.002.  PRESUMPTION OF VALIDITY.  A protective order

3-16     from another jurisdiction is presumed to be valid if the order

3-17     appears authentic on the order's face.

3-18           Sec. 88.003.  AFFIRMATIVE DEFENSE.  It is an affirmative

3-19     defense in any action seeking enforcement of a protective order

3-20     rendered in another jurisdiction that the respondent was not given

3-21     reasonable notice and an opportunity to be heard consistent with

3-22     due process either:

3-23                 (1)  before the date the order was rendered; or

3-24                 (2)  in the case of an ex parte order, within the time

3-25     required by the jurisdiction rendering the order after the date the

 4-1     order was rendered, but not later than a reasonable time.

 4-2           Sec. 88.004.  ENFORCEMENT OF AN ORDER.  A protective order

 4-3     from another jurisdiction may be enforced even if the order is not

 4-4     entered into the state law enforcement information system

 4-5     maintained by the Department of Public Safety.

 4-6           SECTION 4.  Subsections (a) and (g), Section 25.07, Penal

 4-7     Code, as amended by Chapters 658 and 1024, Acts of the 74th

 4-8     Legislature, 1995, are amended to read as follows:

 4-9           (a)  A person commits an offense if, in violation of an order

4-10     issued under Section 3.581[, 71.11,] or Chapter 85 [71.12], Family

4-11     Code, [or] under Article 17.292, Code of Criminal Procedure, or by

4-12     another jurisdiction as provided by Chapter 88, Family Code, the

4-13     person knowingly or intentionally:

4-14                 (1)  commits family violence or an act in furtherance

4-15     of an offense under Section 42.07(a)(7);

4-16                 (2)  communicates:

4-17                       (A)  directly with a protected individual or a

4-18     member of the family or household in a threatening or harassing

4-19     manner;

4-20                       (B)  a threat through any person to a protected

4-21     individual or a member of the family or household; and

4-22                       (C)  in any manner with the protected individual

4-23     or a member of the family or household except through the person's

4-24     attorney or a person appointed by the court, if the order prohibits

4-25     any communication with a protected individual or a member of the

 5-1     family or household;

 5-2                 (3)  goes to or near any of the following places as

 5-3     specifically described in the order:

 5-4                       (A)  the residence or place of employment or

 5-5     business of a protected individual or a member of the family or

 5-6     household; or

 5-7                       (B)  any child care facility, residence, or

 5-8     school where a child protected by the order normally resides or

 5-9     attends.

5-10                 (4)  engages in conduct directed specifically toward a

5-11     person who is a member of the family or household, including

5-12     following the person, that is reasonably likely to harass, annoy,

5-13     alarm, abuse, torment, or embarrass that person.

5-14           (g)  An offense under this section is a Class A misdemeanor

5-15     unless it is shown on the trial of the offense that the defendant

5-16     has previously been convicted under this section two or more times

5-17     or has violated the protective order by committing an assault or

5-18     the offense of stalking, in which event the offense is a third

5-19     degree felony [state jail felony].

5-20           SECTION 5.  Subsection (a), Article 5.04, Code of Criminal

5-21     Procedure, is amended to read as follows:

5-22           (a)  The primary duties of a peace officer who investigates a

5-23     family violence allegation or who responds to a disturbance call

5-24     that may involve family violence are to protect any potential

5-25     victim of family violence, enforce the law of this state, enforce a

 6-1     protective order from another jurisdiction as provided by Chapter

 6-2     88, Family Code, and make lawful arrests of violators.

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

 6-4           SECTION 7.  (a)  The change in law made by Section 4 of this

 6-5     Act applies only to an offense committed on or after the effective

 6-6     date of this Act.  For purposes of this section, an offense is

 6-7     committed before the effective date of this Act if any element of

 6-8     the offense occurs before that date.

 6-9           (b)  An offense committed before the effective date of this

6-10     Act is covered by the law in effect when the offense was committed,

6-11     and the former law is continued in effect for that purpose.

6-12           SECTION 8.  The importance of this legislation and the

6-13     crowded condition of the calendars in both houses create an

6-14     emergency and an imperative public necessity that the

6-15     constitutional rule requiring bills to be read on three several

6-16     days in each house be suspended, and this rule is hereby suspended.