1-1     By:  West                                             S.B. No. 1726

 1-2           (In the Senate - Filed March 14, 1997; March 24, 1997, read

 1-3     first time and referred to Committee on Jurisprudence;

 1-4     April 16, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 7, Nays 0; April 16, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1726                  By:  Duncan

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to full faith and credit for valid foreign protective

1-11     orders; providing penalties.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.   Chapter 71, Family Code, as added by S.B. No.

1-14     797, Acts of the 75th Legislature, Regular Session, 1997, is

1-15     amended by adding Section 71.008 to read as follows:

1-16           Sec. 71.008.  PROTECTIVE ORDER FROM ANOTHER JURISDICTION.

1-17     "Protective order from another jurisdiction" means a protective

1-18     order rendered by a military court or a court of another state,

1-19     tribe, or territory related to protecting an individual from

1-20     domestic or family violence and that meets the following

1-21     requirements:

1-22                 (1)  the order is rendered by a court that has

1-23     jurisdiction over the parties and the matter under the law of the

1-24     military, state, tribe, or territory; and

1-25                 (2)  the respondent is given notice and an opportunity

1-26     to be heard consistent with due process either:

1-27                       (A)  before the date the order was rendered; or

1-28                       (B)  in the case of an ex parte order, within the

1-29     time required by the jurisdiction rendering the order after the

1-30     date the order is rendered, but not later than a reasonable time.

1-31           SECTION 2.   Chapter 86, Family Code, as added by S.B. No.

1-32     797, Acts of the 75th Legislature, Regular Session, 1997, is

1-33     amended by adding Section 86.005 to read as follows:

1-34           Sec. 86.005.  PROTECTIVE ORDER FROM ANOTHER JURISDICTION.

1-35     (a) To ensure that law enforcement officers responding to calls are

1-36     aware of the existence and terms of a protective order from another

1-37     jurisdiction, each law enforcement agency shall establish

1-38     procedures in the agency to provide adequate information or access

1-39     to information for law enforcement officers regarding the name of

1-40     each person protected by an order rendered in another jurisdiction

1-41     and of each person against whom the protective order is directed.

1-42           (b)  Unless a law enforcement officer knows that the

1-43     protective order has expired, the officer shall rely on:

1-44                 (1)  a copy of a protective order from another

1-45     jurisdiction that has been provided to the officer by any source;

1-46     and

1-47                 (2)  the statement by a person protected by the order

1-48     that the order remains in effect.

1-49           (c)  A law enforcement officer acting in good faith is not

1-50     subject to civil or criminal liability for any action arising in

1-51     connection with the enforcement of a protective order issued in

1-52     another jurisdiction that a court later determines was not entitled

1-53     to full faith and credit under Chapter 88.

1-54           SECTION 3.   Subtitle B, Title 4, Family Code, as added by

1-55     S.B. No. 797, Acts of the 75th Legislature, Regular Session, 1997,

1-56     is amended by adding Chapter 88 to read as follows:

1-57           CHAPTER 88.  PROTECTIVE ORDER FROM ANOTHER JURISDICTION

1-58           Sec. 88.001.  FULL FAITH AND CREDIT OF PROTECTIVE ORDER FROM

1-59     ANOTHER JURISDICTION.  (a)  Except as provided by Subsection (b), a

1-60     protective order from another jurisdiction shall be accorded full

1-61     faith and credit by the courts of this state and enforced as if the

1-62     order was rendered by a court in this state.

1-63           (b)  A protective order from another jurisdiction rendered

1-64     against both the applicant and respondent is not enforceable

 2-1     against the applicant in this state unless:

 2-2                 (1)  the respondent filed a cross or counter petition,

 2-3     complaint, or other written pleading seeking a protective order

 2-4     against the applicant; and

 2-5                 (2)  the issuing court determined that each party was

 2-6     entitled to a protective order.

 2-7           Sec. 88.002.  PRESUMPTION OF VALIDITY.  A protective order

 2-8     from another jurisdiction is presumed to be valid if the order

 2-9     appears authentic on the order's face.

2-10           Sec. 88.003.  AFFIRMATIVE DEFENSE.  It is an affirmative

2-11     defense in any action seeking enforcement of a protective order

2-12     rendered in another jurisdiction that the respondent was not given

2-13     reasonable notice and an opportunity to be heard consistent with

2-14     due process either:

2-15                 (1)  before the date the order was rendered; or

2-16                 (2)  in the case of an ex parte order, within the time

2-17     required by the jurisdiction rendering the order after the date the

2-18     order was rendered, but not later than a reasonable time.

2-19           Sec. 88.004.  ENFORCEMENT OF AN ORDER.  A protective order

2-20     from another jurisdiction may be enforced even if the order is not

2-21     entered into the state law enforcement information system

2-22     maintained by the Department of Public Safety.

2-23           SECTION 4.  Subsections (a) and (g), Section 25.07, Penal

2-24     Code, as amended by Chapters 658 and 1024, Acts of the 74th

2-25     Legislature, 1995, are amended to read as follows:

2-26           (a)  A person commits an offense if, in violation of an order

2-27     issued under Section 3.581[, 71.11,] or Chapter 85 [71.12], Family

2-28     Code, [or] under Article 17.292, Code of Criminal Procedure, or by

2-29     another jurisdiction as provided by Chapter 88, Family Code, the

2-30     person knowingly or intentionally:

2-31                 (1)  commits family violence or an act in furtherance

2-32     of an offense under Section 42.07(a)(7);

2-33                 (2)  communicates:

2-34                       (A)  directly with a protected individual or a

2-35     member of the family or household in a threatening or harassing

2-36     manner;

2-37                       (B)  a threat through any person to a protected

2-38     individual or a member of the family or household; and

2-39                       (C)  in any manner with the protected individual

2-40     or a member of the family or household except through the person's

2-41     attorney or a person appointed by the court, if the order prohibits

2-42     any communication with a protected individual or a member of the

2-43     family or household;

2-44                 (3)  goes to or near any of the following places as

2-45     specifically described in the order:

2-46                       (A)  the residence or place of employment or

2-47     business of a protected individual or a member of the family or

2-48     household; or

2-49                       (B)  any child care facility, residence, or

2-50     school where a child protected by the order normally resides or

2-51     attends.

2-52                 (4)  engages in conduct directed specifically toward a

2-53     person who is a member of the family or household, including

2-54     following the person, that is reasonably likely to harass, annoy,

2-55     alarm, abuse, torment, or embarrass that person.

2-56           (g)  An offense under this section is a Class A misdemeanor

2-57     unless it is shown on the trial of the offense that the defendant

2-58     has previously been convicted under this section two or more times

2-59     or has violated the protective order by committing an assault or

2-60     the offense of stalking, in which event the offense is a third

2-61     degree felony [state jail felony].

2-62           SECTION 5.  Subsection (a), Article 5.04, Code of Criminal

2-63     Procedure, is amended to read as follows:

2-64           (a)  The primary duties of a peace officer who investigates a

2-65     family violence allegation or who responds to a disturbance call

2-66     that may involve family violence are to protect any potential

2-67     victim of family violence, enforce the law of this state, enforce a

2-68     protective order from another jurisdiction as provided by Chapter

2-69     88, Family Code, and make lawful arrests of violators.

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

 3-2           SECTION 7.  (a)  The change in law made by Section 4 of this

 3-3     Act applies only to an offense committed on or after the effective

 3-4     date of this Act.  For purposes of this section, an offense is

 3-5     committed before the effective date of this Act if any element of

 3-6     the offense occurs before that date.

 3-7           (b)  An offense committed before the effective date of this

 3-8     Act is covered by the law in effect when the offense was committed,

 3-9     and the former law is continued in effect for that purpose.

3-10           SECTION 8.   The importance of this legislation and the

3-11     crowded condition of the calendars in both houses create an

3-12     emergency and an imperative public necessity that the

3-13     constitutional rule requiring bills to be read on three several

3-14     days in each house be suspended, and this rule is hereby suspended.

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