76R13476 KLA-D
By Nelson, et al. S.B. No. 50
Substitute the following for S.B. No. 50:
By Isett C.S.S.B. No. 50
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the application for, issuance of, and contents of a
1-3 protective order.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsection (a), Section 82.008, Family Code, is
1-6 amended to read as follows:
1-7 (a) An [If an] application for a protective order [alleges
1-8 that the respondent has violated a previously rendered protective
1-9 order by committing an act prohibited by the order and] that is
1-10 filed after a previously rendered [the] protective order has
1-11 expired [after the date that the violation occurred, the
1-12 application for the new protective order] must include:
1-13 (1) a copy of the expired protective order attached to
1-14 the application or, if a copy of the expired protective order is
1-15 unavailable, a statement that the order is unavailable to the
1-16 applicant and that a copy of the order will be filed with the court
1-17 before the hearing on the application;
1-18 (2) a description of either:
1-19 (A) the violation of the expired protective
1-20 order, if the application alleges that the respondent violated the
1-21 expired protective order by committing an act prohibited by that
1-22 order before the order expired; or
1-23 (B) the threatened harm that reasonably places
1-24 the applicant in fear of imminent physical harm, bodily injury,
2-1 assault, or sexual assault; and
2-2 (3) if a violation of the expired order is alleged, a
2-3 statement that the violation of the expired order has not been
2-4 grounds for any other order protecting the applicant that has been
2-5 issued or requested under this subtitle.
2-6 SECTION 2. Subchapter A, Chapter 82, Family Code, is amended
2-7 by adding Section 82.0085 to read as follows:
2-8 Sec. 82.0085. APPLICATION FILED BEFORE EXPIRATION OF
2-9 PREVIOUSLY RENDERED PROTECTIVE ORDER. (a) If an application for a
2-10 protective order alleges that an unexpired protective order
2-11 applicable to the respondent is due to expire not later than the
2-12 30th day after the date the application was filed, the application
2-13 for the subsequent protective order must include:
2-14 (1) a copy of the previously rendered protective order
2-15 attached to the application or, if a copy of the previously
2-16 rendered protective order is unavailable, a statement that the
2-17 order is unavailable to the applicant and that a copy of the order
2-18 will be filed with the court before the hearing on the application;
2-19 and
2-20 (2) a description of the threatened harm that
2-21 reasonably places the applicant in fear of imminent physical harm,
2-22 bodily injury, assault, or sexual assault.
2-23 (b) The procedural requirements for an original application
2-24 for a protective order apply to a protective order requested under
2-25 this section.
2-26 SECTION 3. Section 85.025, Family Code, is amended to read
2-27 as follows:
3-1 Sec. 85.025. DURATION OF PROTECTIVE ORDER. (a) Except as
3-2 provided by Subsection (b) or (c), an [An] order under this
3-3 subtitle is effective:
3-4 (1) for the period stated in the order, not to exceed
3-5 two years; or
3-6 (2) if a period is not stated in the order, until [one
3-7 year. An order that does not specify the period for which the
3-8 order is effective expires on] the second [first] anniversary of
3-9 the date the order was issued.
3-10 (b) A person who is the subject of a protective order may
3-11 file a motion not earlier than the first anniversary of the date on
3-12 which the order was rendered requesting that the court review the
3-13 protective order and determine whether there is a continuing need
3-14 for the order. After a hearing on the motion, if the court finds
3-15 there is a continuing need for the protective order, the protective
3-16 order remains in effect until the date the order expires under this
3-17 section. If the court finds there is no continuing need for the
3-18 protective order, the court shall order that the protective order
3-19 expires on a date set by the court.
3-20 (c) If a person who is the subject of a protective order is
3-21 confined or imprisoned on the date the protective order would
3-22 expire under Subsection (a), the period for which the order is
3-23 effective is extended, and the order expires on the first
3-24 anniversary of the date the person is released from confinement or
3-25 imprisonment.
3-26 SECTION 4. Section 85.026, Family Code, is amended to read
3-27 as follows:
4-1 Sec. 85.026. WARNING ON PROTECTIVE ORDER. (a) Each
4-2 protective order issued under this subtitle, including a temporary
4-3 ex parte order, must contain the following prominently displayed
4-4 statements [printed statement] in boldfaced [bold-faced] type, [or]
4-5 capital letters, or underlined:
4-6 "A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED
4-7 FOR CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR
4-8 BY CONFINEMENT IN JAIL FOR AS LONG AS SIX MONTHS, OR
4-9 BOTH.
4-10 "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED
4-11 BY THIS ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE
4-12 OR VIOLATE ANY PROVISION OF THIS ORDER. DURING THE
4-13 TIME IN WHICH THIS ORDER IS VALID, EVERY PROVISION OF
4-14 THIS ORDER IS IN FULL FORCE AND EFFECT UNLESS A COURT
4-15 CHANGES THE ORDER.
4-16 "IT IS UNLAWFUL FOR ANY PERSON WHO IS SUBJECT TO
4-17 A PROTECTIVE ORDER TO POSSESS A FIREARM OR AMMUNITION."
4-18 (b) Each protective order issued under this subtitle, except
4-19 for a temporary ex parte order, must contain the following
4-20 prominently displayed [printed] statement in boldfaced [bold-faced]
4-21 type, [or] capital letters, or underlined:
4-22 "A VIOLATION OF THIS ORDER BY COMMISSION OF AN
4-23 ACT PROHIBITED BY THE ORDER MAY BE PUNISHABLE BY A FINE
4-24 OF AS MUCH AS $4,000 OR BY CONFINEMENT IN JAIL FOR AS
4-25 LONG AS ONE YEAR, OR BOTH. AN ACT THAT RESULTS IN
4-26 FAMILY VIOLENCE MAY BE PROSECUTED AS A SEPARATE
4-27 MISDEMEANOR OR FELONY OFFENSE. IF THE ACT IS
5-1 PROSECUTED AS A SEPARATE FELONY OFFENSE, IT IS
5-2 PUNISHABLE BY CONFINEMENT IN PRISON FOR AT LEAST TWO
5-3 YEARS."
5-4 [(c) Each protective order issued under this subtitle,
5-5 including a temporary ex parte order, must contain the following
5-6 printed statement in bold-faced type or capital letters:]
5-7 ["NO PERSON, INCLUDING A PERSON WHO IS PROTECTED
5-8 BY THIS ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE
5-9 OR VIOLATE ANY PROVISION OF THIS ORDER. DURING THE
5-10 TIME IN WHICH THIS ORDER IS VALID, EVERY PROVISION OF
5-11 THIS ORDER IS IN FULL FORCE AND EFFECT UNLESS A COURT
5-12 CHANGES THE ORDER."]
5-13 SECTION 5. Section 87.002, Family Code, is amended to read
5-14 as follows:
5-15 Sec. 87.002. MODIFICATION MAY NOT EXTEND DURATION OF ORDER.
5-16 A protective order may not be modified to extend the period of the
5-17 order's validity beyond the second [first] anniversary of the date
5-18 the original order was rendered or beyond the date the order
5-19 expires under Section 85.025(c), whichever date occurs later.
5-20 SECTION 6. (a) This Act takes effect September 1, 1999.
5-21 (b) The change in law made by this Act to Subchapter A,
5-22 Chapter 82, Family Code, by the amendment of Subsection (a),
5-23 Section 82.008, and the addition of Section 82.0085 applies to an
5-24 application for a protective order that is filed on or after the
5-25 effective date of this Act. An application for a protective order
5-26 that is filed before that date is covered by the law in effect on
5-27 the date the application was filed, and the former law is continued
6-1 in effect for that purpose.
6-2 (c) The change in law made by this Act to Sections 85.025,
6-3 85.026, and 87.002, Family Code, applies to a protective order
6-4 issued on or after the effective date of this Act. A protective
6-5 order issued before that date is governed by the law in effect on
6-6 the date the order was issued, and the former law is continued in
6-7 effect for that purpose.
6-8 SECTION 7. The importance of this legislation and the
6-9 crowded condition of the calendars in both houses create an
6-10 emergency and an imperative public necessity that the
6-11 constitutional rule requiring bills to be read on three several
6-12 days in each house be suspended, and this rule is hereby suspended.