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.


 1-4           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


 2-2           (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.