By Gallegos                                           S.B. No. 1329
         76R7445 DAK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the issuance of a protective order for stalking
 1-3     victims.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 6, Code of Criminal Procedure, is amended
 1-6     by adding Article 6.08 to read as follows:
 1-7           Art. 6.08.  STALKING PROTECTIVE ORDER.  (a)  At any
 1-8     proceeding related to an offense under Section 42.072, Penal Code,
 1-9     in which the defendant appears before the court, a person may
1-10     request the court to render a protective order under Title 4,
1-11     Family Code, for the protection of the person.
1-12           (b)  The court shall render a protective order in the manner
1-13     provided by Title 4, Family Code, if, in lieu of the finding that
1-14     family violence occurred and is likely to occur in the future as
1-15     required by Section 85.001, Family Code, the court finds that
1-16     probable cause exists to believe that an offense under Section
1-17     42.072, Penal Code, occurred and that the nature of the scheme or
1-18     course of conduct engaged in by the defendant in the commission of
1-19     the offense indicates that the defendant is likely to engage in the
1-20     future in conduct prohibited by Section 42.072(a)(1), (2), or (3),
1-21     Penal Code.
1-22           (c)  The procedure for the enforcement of a protective order
1-23     under Title 4, Family Code, applies to the fullest extent
1-24     practicable to the enforcement of a protective order under this
 2-1     article, including provisions relating to findings, contents,
 2-2     duration, warning, delivery, law enforcement duties, and
 2-3     modification.
 2-4           SECTION 2.  (a)  This Act takes effect September 1, 1999.
 2-5           (b)  This Act applies to the commission of an offense under
 2-6     Section 42.072, Penal Code, without regard to whether the offense
 2-7     was committed before, on, or after the effective date of this Act.
 2-8           SECTION 3.  The importance of this legislation and the
 2-9     crowded condition of the calendars in both houses create an
2-10     emergency and an imperative public necessity that the
2-11     constitutional rule requiring bills to be read on three several
2-12     days in each house be suspended, and this rule is hereby suspended.