1-1 AN ACT
1-2 relating to protective orders and the protection of victims of
1-3 family violence.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 17.292, Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 Art. 17.292. MAGISTRATE'S ORDER FOR EMERGENCY PROTECTION.
1-8 (a) At a defendant's appearance before a magistrate after arrest
1-9 for an offense involving family violence or an offense under
1-10 Section 42.072, Penal Code, the magistrate may issue an order for
1-11 emergency protection on the magistrate's own motion or on the
1-12 request of:
1-13 (1) the victim of the offense;
1-14 (2) the guardian of the victim;
1-15 (3) a peace officer; or
1-16 (4) the attorney representing the state.
1-17 (b) At a defendant's appearance before a magistrate after
1-18 arrest for an offense involving family violence, the magistrate
1-19 shall issue an order for emergency protection if the arrest is for
1-20 an offense that also involves:
1-21 (1) serious bodily injury to the victim; or
1-22 (2) the use or exhibition of a deadly weapon during
1-23 the commission of an assault.
1-24 (c) The magistrate in the order for emergency protection may
2-1 prohibit the arrested party from:
2-2 (1) committing:
2-3 (A) family violence or an assault on the person
2-4 protected under the order; or
2-5 (B) an act in furtherance of an offense under
2-6 Section 42.072, Penal Code;
2-7 (2) communicating:
2-8 (A) directly with a member of the family or
2-9 household or with the person protected under the order in a
2-10 threatening or harassing manner; or
2-11 (B) a threat through any person to a member of
2-12 the family or household or to the person protected under the order;
2-13 or
2-14 (3) going to or near:
2-15 (A) the residence, place of employment, or
2-16 business of a member of the family or household or of the person
2-17 protected under the order; or
2-18 (B) the residence, child care facility, or
2-19 school where a child protected under the order resides or attends.
2-20 (d) [(c)] The victim of the offense need not be present in
2-21 court when the order for emergency protection is issued.
2-22 (e) [(d)] In the order for emergency protection the
2-23 magistrate shall specifically describe the prohibited locations and
2-24 the minimum distances, if any, that the party must maintain, unless
2-25 the magistrate determines for the safety of the person or persons
2-26 protected by the order that specific descriptions of the locations
2-27 should be omitted.
3-1 (f) [(e)] To the extent that a condition imposed by an order
3-2 for emergency protection issued under this article conflicts with
3-3 an existing court order granting possession of or access to a
3-4 child, the condition imposed under this article prevails for the
3-5 duration of the order for emergency protection.
3-6 (g) [(f)] An order for emergency protection issued under
3-7 this article must contain the following statements printed in
3-8 bold-face type or in capital letters:
3-9 "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
3-10 BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY
3-11 CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR OR BY BOTH. AN ACT THAT
3-12 RESULTS IN FAMILY VIOLENCE OR A STALKING OFFENSE MAY BE PROSECUTED
3-13 AS A SEPARATE MISDEMEANOR OR FELONY OFFENSE. IF THE ACT IS
3-14 PROSECUTED AS A SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY
3-15 CONFINEMENT IN PRISON FOR AT LEAST TWO YEARS.
3-16 "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
3-17 ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
3-18 PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
3-19 VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
3-20 UNLESS A COURT CHANGES THE ORDER."
3-21 (h) [(g)] The magistrate issuing an order for emergency
3-22 protection under this article shall send a copy of the order to the
3-23 chief of police in the municipality where the member of the family
3-24 or household or individual protected by the order resides, if the
3-25 person resides in a municipality, or to the sheriff of the county
3-26 where the person resides, if the person does not reside in a
3-27 municipality. If the victim of the offense is not present when the
4-1 order is issued, the magistrate issuing the order shall order an
4-2 appropriate peace officer to make a good faith effort to notify,
4-3 within 24 hours, the victim that the order has been issued by
4-4 calling the victim's residence and place of employment. The clerk
4-5 of the court shall send a copy of the order to the victim.
4-6 (i) [(h)] If an order for emergency protection issued under
4-7 this article prohibits a person from going to or near a child care
4-8 facility or school, the magistrate shall send a copy of the order
4-9 to the child care facility or school.
4-10 (j) [(i)] An order for emergency protection issued under
4-11 this article is effective on issuance, and the defendant shall be
4-12 served a copy of the order in open court. An order for emergency
4-13 protection issued under this article remains in effect until the
4-14 31st day after the date of issuance.
4-15 (k) [(j)] To ensure that an officer responding to a call is
4-16 aware of the existence and terms of an order for emergency
4-17 protection issued under this article, each municipal police
4-18 department and sheriff shall establish a procedure within the
4-19 department or office to provide adequate information or access to
4-20 information for peace officers of the names of persons protected by
4-21 an order for emergency protection issued under this article and of
4-22 persons to whom the order is directed. The police department or
4-23 sheriff may enter an order for emergency protection issued under
4-24 this article in the department's or office's record of outstanding
4-25 warrants as notice that the order has been issued and is in effect.
4-26 (l) In the order for emergency protection, the magistrate
4-27 may suspend a license to carry a concealed handgun issued under
5-1 Section 411.177, Government Code, that is held by the defendant.
5-2 (m) [(k)] In this article, "family," "family violence," and
5-3 "household" have the meanings assigned by Chapter 71 [Section
5-4 71.01], Family Code.
5-5 SECTION 2. Chapter 17, Code of Criminal Procedure, is
5-6 amended by adding Article 17.293 to read as follows:
5-7 Art. 17.293. DELIVERY OF ORDER FOR EMERGENCY PROTECTION TO
5-8 OTHER PERSONS. The magistrate or the clerk of the magistrate's
5-9 court issuing an order for emergency protection under Article
5-10 17.292 that suspends a license to carry a concealed handgun shall
5-11 immediately send a copy of the order to the appropriate division of
5-12 the Department of Public Safety at its Austin headquarters. On
5-13 receipt of the order suspending the license, the department shall:
5-14 (1) record the suspension of the license in the
5-15 records of the department;
5-16 (2) report the suspension to local law enforcement
5-17 agencies, as appropriate; and
5-18 (3) demand surrender of the suspended license from the
5-19 license holder.
5-20 SECTION 3. Section 85.022, Family Code, is amended by adding
5-21 Subsection (d) to read as follows:
5-22 (d) In a protective order, the court may suspend a license
5-23 to carry a concealed handgun issued under Section 411.177,
5-24 Government Code, that is held by a person found to have committed
5-25 family violence.
5-26 SECTION 4. Section 85.042, Family Code, is amended by adding
5-27 Subsection (e) to read as follows:
6-1 (e) The clerk of the court issuing an original or modified
6-2 protective order under Section 85.022 that suspends a license to
6-3 carry a concealed handgun shall send a copy of the order to the
6-4 appropriate division of the Department of Public Safety at its
6-5 Austin headquarters. On receipt of the order suspending the
6-6 license, the department shall:
6-7 (1) record the suspension of the license in the
6-8 records of the department;
6-9 (2) report the suspension to local law enforcement
6-10 agencies, as appropriate; and
6-11 (3) demand surrender of the suspended license from the
6-12 license holder.
6-13 SECTION 5. Section 411.180, Government Code, is amended by
6-14 adding Subsection (i) to read as follows:
6-15 (i) This section does not apply to a suspension of a license
6-16 under Section 85.022, Family Code, or Article 17.292, Code of
6-17 Criminal Procedure.
6-18 SECTION 6. Sections 411.187(a) and (c), Government Code, are
6-19 amended to read as follows:
6-20 (a) A license may be suspended under this section if the
6-21 license holder:
6-22 (1) is charged with the commission of a Class A or
6-23 Class B misdemeanor or an offense under Section 42.01, Penal Code,
6-24 or of a felony under an information or indictment;
6-25 (2) fails to display a license as required by Section
6-26 411.205;
6-27 (3) fails to notify the department of a change of
7-1 address or name as required by Section 411.181;
7-2 (4) carries a concealed handgun under the authority of
7-3 this subchapter of a different category than the license holder is
7-4 licensed to carry; [or]
7-5 (5) fails to return a previously issued license after
7-6 a license is modified as required by Section 411.184(d);
7-7 (6) commits an act of family violence and is the
7-8 subject of an active protective order rendered under Title 4,
7-9 Family Code; or
7-10 (7) is arrested for an offense involving family
7-11 violence or an offense under Section 42.072, Penal Code, and is the
7-12 subject of an order for emergency protection issued under Article
7-13 17.292, Code of Criminal Procedure.
7-14 (c) A license may be suspended under this section:
7-15 (1) for 30 days, if the person's license is subject to
7-16 suspension for a reason listed in Subsection (a)(3), (4), or (5),
7-17 except as provided by Subdivision (3);
7-18 (2) for 90 days, if the person's license is subject to
7-19 suspension for a reason listed in Subsection (a)(2), except as
7-20 provided by Subdivision (3);
7-21 (3) for not less than one year and not more than three
7-22 years if the person's license is subject to suspension for a reason
7-23 listed in Subsection (a), other than the reason listed in
7-24 Subsection (a)(1), and the person's license has been previously
7-25 suspended for the same reason; [or]
7-26 (4) until dismissal of the charges if the person's
7-27 license is subject to suspension for the reason listed in
8-1 Subsection (a)(1); or
8-2 (5) for the duration of or the period specified by:
8-3 (A) the protective order issued under Title 4,
8-4 Family Code, if the person's license is subject to suspension for
8-5 the reason listed in Subsection (a)(6); or
8-6 (B) the order for emergency protection issued
8-7 under Article 17.292, Code of Criminal Procedure, if the person's
8-8 license is subject to suspension for the reason listed in
8-9 Subsection (a)(7).
8-10 SECTION 7. (a) In accordance with Section 311.031(c),
8-11 Government Code, which gives effect to a substantive amendment
8-12 enacted by the same legislature that codifies the amended statute,
8-13 the text of Sections 411.187(a) and (c), Government Code, as set
8-14 out in Section 10 of this Act, gives effect to changes made by
8-15 Chapter 1261, Acts of the 75th Legislature, Regular Session, 1997.
8-16 (b) To the extent of any conflict, this Act prevails over
8-17 another Act of the 76th Legislature, Regular Session, 1999,
8-18 relating to nonsubstantive additions to and corrections in enacted
8-19 codes.
8-20 SECTION 8. This Act takes effect September 1, 1999.
8-21 SECTION 9. The importance of this legislation and the
8-22 crowded condition of the calendars in both houses create an
8-23 emergency and an imperative public necessity that the
8-24 constitutional rule requiring bills to be read on three several
8-25 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2124 was passed by the House on May
8, 1999, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 2124 on May 26, 1999, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2124 was passed by the Senate, with
amendments, on May 24, 1999, by the following vote: Yeas 30, Nays
0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor