76R11727 KLA-D                           
         By Cuellar                                            H.B. No. 2124
         Substitute the following for H.B. No. 2124:
         By King of Parker                                 C.S.H.B. No. 2124
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to protection of victims of family violence.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Article 17.292, Code of Criminal Procedure, is
 1-5     amended to read as follows:
 1-6           Art. 17.292.  MAGISTRATE'S ORDER FOR EMERGENCY PROTECTION.
 1-7     (a)  At a defendant's appearance before a magistrate after arrest
 1-8     for an offense involving family violence or an offense under
 1-9     Section 42.072, Penal Code, the magistrate may issue an order for
1-10     emergency protection on the magistrate's own motion or on the
1-11     request of:
1-12                 (1)  the victim of the offense;
1-13                 (2)  the guardian of the victim;
1-14                 (3)  a peace officer; or
1-15                 (4)  the attorney representing the state.
1-16           (b)  At a defendant's appearance before a magistrate after
1-17     arrest for an offense involving family violence, the magistrate
1-18     shall issue an order for emergency protection if the arrest is for
1-19     an offense that also involves:
1-20                 (1)  serious bodily injury to the victim; or
1-21                 (2)  the use or exhibition of a deadly weapon during
1-22     the commission of an assault.
1-23           (c)  The magistrate in the order for emergency protection may
1-24     prohibit the arrested party from:
 2-1                 (1)  committing:
 2-2                       (A)  family violence or an assault on the person
 2-3     protected under the order; or
 2-4                       (B)  an act in furtherance of an offense under
 2-5     Section 42.072, Penal Code;
 2-6                 (2)  communicating:
 2-7                       (A)  directly with a member of the family or
 2-8     household or with the person protected under the order in a
 2-9     threatening or harassing manner; or
2-10                       (B)  a threat through any person to a member of
2-11     the family or household or to the person protected under the order;
2-12     or
2-13                 (3)  going to or near:
2-14                       (A)  the residence, place of employment, or
2-15     business of a member of the family or household or of the person
2-16     protected under the order; or
2-17                       (B)  the residence, child care facility, or
2-18     school where a child protected under the order resides or attends.
2-19           (d) [(c)]  The victim of the offense need not be present in
2-20     court when the order for emergency protection is issued.
2-21           (e) [(d)]  In the order for emergency protection the
2-22     magistrate shall specifically describe the prohibited locations and
2-23     the minimum distances, if any, that the party must maintain, unless
2-24     the magistrate determines for the safety of the person or persons
2-25     protected by the order that specific descriptions of the locations
2-26     should be omitted.
2-27           (f) [(e)]  To the extent that a condition imposed by an order
 3-1     for emergency protection issued under this article conflicts with
 3-2     an existing court order granting possession of or access to a
 3-3     child, the condition imposed under this article prevails for the
 3-4     duration of the order for emergency protection.
 3-5           (g) [(f)]  An order for emergency protection issued under
 3-6     this article must contain the following statements printed in
 3-7     bold-face type or in capital letters:
 3-8           "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
 3-9     BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY
3-10     CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR OR BY BOTH. AN ACT THAT
3-11     RESULTS IN FAMILY VIOLENCE OR A STALKING OFFENSE MAY BE PROSECUTED
3-12     AS A SEPARATE MISDEMEANOR OR FELONY OFFENSE. IF THE ACT IS
3-13     PROSECUTED AS A SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY
3-14     CONFINEMENT IN PRISON FOR AT LEAST TWO YEARS.
3-15           "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
3-16     ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
3-17     PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
3-18     VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
3-19     UNLESS A COURT CHANGES THE ORDER."
3-20           (h) [(g)]  The magistrate issuing an order for emergency
3-21     protection under this article shall send a copy of the order to the
3-22     chief of police in the municipality where the member of the family
3-23     or household or individual protected by the order resides, if the
3-24     person resides in a municipality, or to the sheriff of the county
3-25     where the person resides, if the person does not reside in a
3-26     municipality.  If the victim of the offense is not present when the
3-27     order is issued, the magistrate issuing the order shall order an
 4-1     appropriate peace officer to make a good faith effort to notify,
 4-2     within 24 hours, the victim that the order has been issued by
 4-3     calling the victim's residence and place of employment.  The clerk
 4-4     of the court shall send a copy of the order to the victim.
 4-5           (i) [(h)]  If an order for emergency protection issued under
 4-6     this article prohibits a person from going to or near a child care
 4-7     facility or school, the magistrate shall send a copy of the order
 4-8     to the child care facility or school.
 4-9           (j) [(i)]  An order for emergency protection issued under
4-10     this article is effective on issuance, and the defendant shall be
4-11     served a copy of the order in open court.  An order for emergency
4-12     protection issued under this article remains in effect until the
4-13     31st day after the date of issuance.
4-14           (k) [(j)]  To ensure that an officer responding to a call is
4-15     aware of the existence and terms of an order for emergency
4-16     protection issued under this article, each municipal police
4-17     department and sheriff shall establish a procedure within the
4-18     department or office to provide adequate information or access to
4-19     information for peace officers of the names of persons protected by
4-20     an order for emergency protection issued under this article and of
4-21     persons to whom the order is directed.  The police department or
4-22     sheriff may enter an order for emergency protection issued under
4-23     this article in the department's or office's record of outstanding
4-24     warrants as notice that the order has been issued and is in effect.
4-25           (l) [(k)]  In this article, "family," "family violence," and
4-26     "household" have the meanings assigned by Chapter 71 [Section
4-27     71.01], Family Code.
 5-1           SECTION 2.  Section 30.05(b)(2), Penal Code, is amended to
 5-2     read as follows:
 5-3                 (2)  "Notice" means:
 5-4                       (A)  oral or written communication by the owner
 5-5     or someone with apparent authority to act for the owner;
 5-6                       (B)  fencing or other enclosure obviously
 5-7     designed to exclude intruders or to contain livestock;
 5-8                       (C)  a sign or signs posted on the property or at
 5-9     the entrance to the building, reasonably likely to come to the
5-10     attention of intruders, indicating that entry is forbidden;
5-11                       (D)  the placement of identifying purple paint
5-12     marks on trees or posts on the property, provided that the marks
5-13     are:
5-14                             (i)  vertical lines of not less than eight
5-15     inches in length and not less than one inch in width;
5-16                             (ii)  placed so that the bottom of the mark
5-17     is not less than three feet from the ground or more than five feet
5-18     from the ground; and
5-19                             (iii)  placed at locations that are readily
5-20     visible to any person approaching the property and no more than:
5-21                                            (a)  100 feet apart on
5-22     forest land; or
5-23                                            (b)  1,000 feet apart on
5-24     land other than forest land; [or]
5-25                       (E)  the visible presence on the property of a
5-26     crop grown for human consumption that is under cultivation, in the
5-27     process of being harvested, or marketable if harvested at the time
 6-1     of entry; or
 6-2                       (F)  a written communication contained in a court
 6-3     order posted on the property or delivered to a person that
 6-4     prohibits the person from going to or near a specific location,
 6-5     including:
 6-6                             (i)  a temporary ex parte order or a
 6-7     protective order rendered under Title 4, Family Code; or
 6-8                             (ii)  a magistrate's order for emergency
 6-9     protection rendered under Article 17.292, Code of Criminal
6-10     Procedure.
6-11           SECTION 3.  Section 71.004, Family Code, is amended to read
6-12     as follows:
6-13           Sec. 71.004.  FAMILY VIOLENCE.  "Family violence" means:
6-14                 (1)  an act by a member of a family or household
6-15     against another member of the family or household that is intended
6-16     to result in physical harm, bodily injury, assault, or sexual
6-17     assault or that is a threat that reasonably places the member in
6-18     fear of [imminent] physical harm, bodily injury, assault, or sexual
6-19     assault, but does not include defensive measures to protect
6-20     oneself; or
6-21                 (2)  abuse, as that term is defined by Sections
6-22     261.001(1)(C), (E), and (G) by a member of a family or household
6-23     toward a child of the family or household.
6-24           SECTION 4.  (a)  The change in law made by Section 2 of this
6-25     Act applies only to an offense that is committed on or after the
6-26     effective date of this Act.  An offense is committed before the
6-27     effective date of this Act if any element of the offense occurs
 7-1     before the effective date.
 7-2           (b)  An offense committed before the effective date of this
 7-3     Act is covered  by  the  law in effect when the offense was
 7-4     committed, and the former law is continued in effect for that
 7-5     purpose.
 7-6           SECTION 5.  This Act takes effect September 1, 1999.
 7-7           SECTION 6.  The importance of this legislation and the
 7-8     crowded condition of the calendars in both houses create an
 7-9     emergency and an imperative public necessity that the
7-10     constitutional rule requiring bills to be read on three several
7-11     days in each house be suspended, and this rule is hereby suspended.