SRC-JJJ S.B. 50 76(R)BILL ANALYSIS


Senate Research CenterS.B. 50
By: Nelson
Criminal Justice
7/27/1999
Enrolled


DIGEST 

Currently, Texas law establishes that a protective order obtained through
the County or Criminal District Attorney's Office or from a private
attorney is valid for one year, and may be extended only after another act
of family violence has occurred.  This bill will extend the duration to
five years, and provides for an extension in cases in which the applicant
is physically injured, sexually assaulted, or threatened in a way that
reasonably places the applicant in fear of imminent harm, bodily injury,
assault, or sexual assault.  This bill will also prohibit the respondent
from carrying a firearm and ammunition, and if the respondent is confined,
the protective order extends for one year after the respondent has been
released from confinement or the five-year period has expired. 

PURPOSE

As enrolled, S.B. 50 establishes provisions regarding the application for,
issuance of, and contents of a protective order. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 82.008(a), Family Code, to require an
application for a protective order that is filed after a previously
rendered protective order has expired to include a description of either
the alleged violation that violated the expired protective order before it
expired, or the threatened harm that reasonably places the applicant in
fear of injury, and if a violation of the expired order is alleged, a
specific statement.  Deletes text regarding alleged allegations violating a
previous protective order. 

SECTION 2. Amends Chapter 82A, Family Code, by adding Section 82.0085, as
follows: 

Sec. 82.0085.  APPLICATION FILED BEFORE EXPIRATION OF PREVIOUSLY RENDERED
PROTECTIVE ORDER.  Requires an application for a protective order to
include certain information, if it alleges an unexpired protective order
applicable to the respondent is due to expire not later than the 30th day
after the date the application was filed. Provides that requirements for an
original application apply to a protective order under this section. 

SECTION 3.  Amends Section 82.025, Family Code, to set forth provisions by
which a protective order under this subtitle is effective.  Authorizes a
person who is subject of a protective order to file a motion not earlier
than the first anniversary of the date on which the order was rendered
requesting that the court review the protective order and determine whether
there is a continuing need for the order.  Establishes conditions regarding
the expiration date of the protective order after a hearing on the motion.
Extends the period of the protective order, if the subject is imprisoned on
the order's expiration date, and the order expires on the second
anniversary of the person's release.  Makes conforming changes. 

SECTION 4.  Amends Section 85.026, Family Code, to set forth changes in a
protective order's language.  Makes a conforming change. 
 
SECTION  5.  Amends Section 87.002, Family Code, to prohibit modifications
of a protective order from extending beyond the second anniversary of the
date the original order was rendered or beyond the date the order expires,
whichever is later. 

SECTION 6.  Effective date: September 1, 1999.
            Makes application of this Act prospective.

SECTION 7.  Emergency clause.