By: West S.B. No. 1726
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
AN ACT
1-1 relating to full faith and credit of valid foreign protective
1-2 orders.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 25.07, Penal Code, is amended to read as
1-5 follows:
1-6 (a) A person commits an offense if, in violation of an order
1-7 issued under Section 3.581, 71.11, or 71.12, Family Code, or under
1-8 Article 17.292, Code of Criminal Procedure, or an order issued by a
1-9 military court, court of another state, tribe or territory as
1-10 provided in Section 25.071, Penal Code, the person knowingly or
1-11 intentionally:
1-12 (g) An offense under this section is a Class A misdemeanor
1-13 unless it is shown on the trial of the offense that the defendant
1-14 has previously been convicted under this section two or more times,
1-15 violated the protective order by committing an assault, or violated
1-16 the protective order by committing the offense of stalking, in
1-17 which event the offense is a [state jail felony] third degree
1-18 felony.
1-19 SECTION 2. Chapter 25, Penal Code, is amended by adding
1-20 Section 25.071 to read as follows:
1-21 Section 25.071. FULL FAITH AND CREDIT OF VALID FOREIGN
2-1 PROTECTIVE ORDERS.
2-2 (a) Any valid protective order related to domestic or family
2-3 violence issued by a military court, court of another state, tribe,
2-4 or territorial court shall be accorded full faith and credit by the
2-5 courts of the State of Texas and enforced as if it were issued in
2-6 this state.
2-7 (b) A protective order issued by a military court, court of
2-8 another state, tribal or territorial court related to domestic or
2-9 family violence shall be deemed valid if the issuing court had
2-10 jurisdiction over the parties and matter under the law of the
2-11 military, state, tribe or territory. There shall be a presumption
2-12 in favor of validity where an order appears authentic on its face.
2-13 (c) A respondent must be given reasonable notice and the
2-14 opportunity to be heard before the order of the military court,
2-15 court of another state, tribe or territory was issued, provided, in
2-16 the case of ex parte order, notice and opportunity to be heard was
2-17 given as soon as possible after the order was issued, consistent
2-18 with due process.
2-19 (d) Failure to prove reasonable notice and opportunity to be
2-20 heard shall be an affirmative defense to any charge or process
2-21 filed seeking enforcement of a foreign protective order.
2-22 (e) A protective order against both the applicant and
2-23 respondent shall not be enforceable against the applicant in a
2-24 foreign jurisdiction unless:
2-25 (1) the respondent filed a cross or counter petition,
3-1 complaint or other written pleading was filed seeking such a
3-2 protection order and
3-3 (2) the issuing court made specific findings of
3-4 domestic or family violence against both the applicant and
3-5 respondent an determined that each party was entitled to such an
3-6 order.
3-7 (f) The person protected by a valid protective order
3-8 obtained in a military court, court of another state, tribe or
3-9 territory may file that order by presenting a certified copy of the
3-10 foreign order to a clerk of the court in the judicial district
3-11 where the applicant believes enforcement may be necessary.
3-12 (g) Filing shall be without fee or cost.
3-13 (h) A clerk of the court shall forward a copy of the foreign
3-14 protective order to the local law enforcement office and the
3-15 Department of Public Safety upon application of an applicant
3-16 seeking enforcement.
3-17 (i) The clerk shall provide the plaintiff with a copy
3-18 bearing proof of filing with the court and entry into the criminal
3-19 history record system maintained by the Department of Public
3-20 Safety.
3-21 (j) Filing an entry of the foreign order in the statewide
3-22 data system shall not be prerequisites for enforcement of the
3-23 foreign protective order.
3-24 (k) A peace officer may rely upon a copy of a foreign
3-25 protective order which has been provided to the officer by any
4-1 source and may also rely upon the statement of any person protected
4-2 by a foreign order that the order remains in effect. A peace
4-3 officer acting in good faith shall be immune from civil and
4-4 criminal liability in any action arising in connection with a
4-5 court's finding that the foreign order was not enforceable.
4-6 SECTION 3. Section 71.18, Family Code, is amended to read as
4-7 follows:
4-8 (a) In order to insure that officers responding to calls are
4-9 aware of the existence and terms of protective orders issued under
4-10 this chapter, each municipal police department, constable, and
4-11 sheriff shall establish procedures within the department or office
4-12 to provide adequate information or access to information for law
4-13 enforcement officers of the names of persons protected by order
4-14 issued under this chapter or an order issued by a military court,
4-15 court of another state, tribe or territory as provided in Section
4-16 25.071, Penal Code, and of persons to whom protective orders are
4-17 directed.
4-18 SECTION 4. Article 5.04, Code of Criminal Procedure, is
4-19 amended to read as follows:
4-20 (a) The primary duties of a peace officer who investigates a
4-21 family violence allegation or who responds to a disturbance call
4-22 that may involve family violence are to protect any potential
4-23 victim of family violence, enforce the law of this state or any
4-24 valid protective order related to domestic or family violence,
4-25 issued by a military court, court of another state, tribe, or
5-1 territory as provided in Section 25.071, Penal Code, and make
5-2 lawful arrests of violators.
5-3 SECTION 5. This Act takes effect September 1, 1997.
5-4 SECTION 6. The importance of this legislation and the
5-5 crowded condition of the calendars in both houses create an
5-6 emergency and an imperative public necessity that the
5-7 constitutional rule requiring bills to be read on three several
5-8 days in each house be suspended, and this rule is hereby suspended.