HBA-NMO H.B. 1077 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1077
By: Solis, Jim
Criminal Jurisprudence
3/8/1999
Introduced



BACKGROUND AND PURPOSE 

Current law authorizes a magistrate, at a defendant's appearance after an
arrest for an offense involving family violence or stalking, to issue an
order for emergency protection.  The law does not specify a time frame
within which the magistrate must issue the order for emergency protection.
H.B. 1077 authorizes a magistrate, upon request of the victim or the
guardian of the victim, to issue an order for emergency protection not
later than the third day after the date the defendant was arrested and
requires the magistrate to decide the request for the protective order by
the end of the working day the request is made.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 17.292, Code of Criminal Procedure, to authorize
a magistrate, after a defendant's appearance before a magistrate after
arrest for an offense involving family violence or stalking, on request of
the victim or guardian of the victim, and upon  finding that there is a
clear and present danger that family violence or stalking will occur again,
to issue an order for emergency protection not later than the third day
after the date the defendant was arrested.  Authorizes the magistrate,
before issuing such an order for emergency protection, to provide the
defendant with an opportunity to appear before the magistrate and notify
the defendant of the opportunity.  Requires the magistrate, without regard
to whether the defendant is able to appear before the magistrate, to decide
the request for an order for emergency protection before the end of the
working day that the request is made.  Requires that a defendant be served
a copy of the order for emergency protection in open court, if the order is
issued at the defendant's appearance before the magistrate; or in the same
manner as citation under the Texas Rules of Civil Procedure, except that
service by publication is not authorized, if the order is issued after the
defendant's appearance before the magistrate.  Makes conforming changes.   

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.