1-1 AN ACT
1-2 relating to protective orders with regard to dating violence.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 71, Family Code, is amended by adding
1-5 Section 71.0021 to read as follows:
1-6 Sec. 71.0021. DATING VIOLENCE. (a) "Dating violence" means
1-7 an act by an individual that is against another individual with
1-8 whom that person has or has had a dating relationship and that is
1-9 intended to result in physical harm, bodily injury, assault, or
1-10 sexual assault or that is a threat that reasonably places the
1-11 individual in fear of imminent physical harm, bodily injury,
1-12 assault, or sexual assault, but does not include defensive measures
1-13 to protect oneself.
1-14 (b) For purposes of this title, "dating relationship" means
1-15 a relationship between individuals who have or have had a
1-16 continuing relationship of a romantic or intimate nature. The
1-17 existence of such a relationship shall be determined based on
1-18 consideration of:
1-19 (1) the length of the relationship;
1-20 (2) the nature of the relationship; and
1-21 (3) the frequency and type of interaction between the
1-22 persons involved in the relationship.
1-23 (c) A casual acquaintanceship or ordinary fraternization in
1-24 a business or social context does not constitute a "dating
1-25 relationship" under Subsection (b).
2-1 SECTION 2. Section 71.004, Family Code, is amended to read
2-2 as follows:
2-3 Sec. 71.004. FAMILY VIOLENCE. "Family violence" means:
2-4 (1) an act by a member of a family or household
2-5 against another member of the family or household that is intended
2-6 to result in physical harm, bodily injury, assault, or sexual
2-7 assault or that is a threat that reasonably places the member in
2-8 fear of imminent physical harm, bodily injury, assault, or sexual
2-9 assault, but does not include defensive measures to protect
2-10 oneself; [or]
2-11 (2) abuse, as that term is defined by Sections
2-12 261.001(1)(C), (E), and (G), by a member of a family or household
2-13 toward a child of the family or household; or
2-14 (3) dating violence, as that term is defined by
2-15 Section 71.0021.
2-16 SECTION 3. Section 82.002, Family Code, is amended to read
2-17 as follows:
2-18 Sec. 82.002. WHO MAY FILE APPLICATION. (a) With regard to
2-19 family violence under Section 71.004(1) or (2), an adult member of
2-20 the family or household may file an [An] application for a
2-21 protective order to protect the applicant or any other member of
2-22 the applicant's family or household [may be filed by:]
2-23 [(1) an adult member of the family or household; or]
2-24 [(2) any adult for the protection of a child].
2-25 (b) With regard to family violence under Section 71.004(3),
2-26 an application for a protective order to protect the applicant may
3-1 be filed by an adult member of the dating relationship.
3-2 (c) Any adult may apply for a protective order to protect a
3-3 child from family violence.
3-4 (d) In addition, an application may be filed for the
3-5 protection of any person alleged to be a victim of family violence
3-6 by:
3-7 (1) a prosecuting attorney; or
3-8 (2) the Department of Protective and Regulatory
3-9 Services.
3-10 (e) [(c)] The person alleged to be the victim of family
3-11 violence in an application filed under Subsection (c) or (d) [(b)]
3-12 is considered to be the applicant for a protective order under this
3-13 subtitle.
3-14 SECTION 4. Section 83.001, Family Code, is amended to read
3-15 as follows:
3-16 Sec. 83.001. REQUIREMENTS FOR TEMPORARY EX PARTE ORDER.
3-17 (a) If the court finds from the information contained in an
3-18 application for a protective order that there is a clear and
3-19 present danger of family violence, the court, without further
3-20 notice to the individual alleged to have committed family violence
3-21 [any other member of the family or household] and without a
3-22 hearing, may enter a temporary ex parte order for the protection of
3-23 the applicant or any other member of the family or household of the
3-24 applicant.
3-25 (b) In a temporary ex parte order, the court may direct a
3-26 respondent to do or refrain from doing specified acts.
4-1 SECTION 5. Section 83.004, Family Code, is amended to read
4-2 as follows:
4-3 Sec. 83.004. MOTION TO VACATE. Any individual [member of
4-4 the family or household] affected by a temporary ex parte order may
4-5 file a motion at any time to vacate the order. On the filing of
4-6 the motion to vacate, the court shall set a date for hearing the
4-7 motion as soon as possible.
4-8 SECTION 6. Section 85.001, Family Code, is amended to read
4-9 as follows:
4-10 Sec. 85.001. REQUIRED FINDINGS AND ORDERS. (a) At the
4-11 close of a hearing on an application for a protective order, the
4-12 court shall find whether:
4-13 (1) family violence has occurred; and
4-14 (2) family violence is likely to occur in the future.
4-15 (b) If the court finds that family violence has occurred and
4-16 that family violence is likely to occur in the future, the court:
4-17 (1) shall render a protective order as provided by
4-18 Section 85.022 applying only to a person found to have committed
4-19 family violence; and
4-20 (2) may render a protective order as provided by
4-21 Section 85.021 applying to both parties that is in the best
4-22 interest of the person protected by the order [family or household]
4-23 or member of the family or household of the person protected by the
4-24 order.
4-25 (c) A protective order that requires the first applicant to
4-26 do or refrain from doing an act under Section 85.022 shall include
5-1 a finding that the first applicant has committed family violence
5-2 and is likely to commit family violence in the future.
5-3 SECTION 7. Section 85.007, Family Code, is amended to read
5-4 as follows:
5-5 Sec. 85.007. CONFIDENTIALITY OF CERTAIN INFORMATION.
5-6 (a) On request by a person protected by an order or member of the
5-7 [a] family or household of a person protected by an order, the
5-8 court may exclude from a protective order the address and telephone
5-9 number of:
5-10 (1) a person protected by the order, in which case the
5-11 order shall state the county in which the person resides;
5-12 (2) the place of employment or business of a person
5-13 protected by the order; or
5-14 (3) the child-care facility or school a child
5-15 protected by the order attends or in which the child resides.
5-16 (b) On granting a request for confidentiality under this
5-17 section, the court shall order the clerk to:
5-18 (1) strike the information described by Subsection (a)
5-19 from the public records of the court; and
5-20 (2) maintain a confidential record of the information
5-21 for use only by the court.
5-22 SECTION 8. Section 85.022, Family Code, is amended to read
5-23 as follows:
5-24 Sec. 85.022. REQUIREMENTS OF ORDER APPLYING TO PERSON WHO
5-25 COMMITTED FAMILY VIOLENCE. (a) In a protective order, the court
5-26 may order the person found to have committed family violence to:
6-1 (1) complete a battering intervention and prevention
6-2 program as provided by Article 42.141, Code of Criminal Procedure,
6-3 and that meets the guidelines adopted by the community justice
6-4 assistance division of the Texas Department of Criminal Justice if
6-5 a program is available;
6-6 (2) counsel with a social worker, family service
6-7 agency, physician, psychologist, licensed therapist, or licensed
6-8 professional counselor if a program under Subdivision (1) is not
6-9 available; or
6-10 (3) perform acts specified by the court that the court
6-11 determines are necessary or appropriate to prevent or reduce the
6-12 likelihood of family violence.
6-13 (b) In a protective order, the court may prohibit the person
6-14 found to have committed family violence from:
6-15 (1) committing family violence;
6-16 (2) communicating:
6-17 (A) directly with a person protected by an order
6-18 or a member of the family or household of a person protected by an
6-19 order, in a threatening or harassing manner;
6-20 (B) a threat through any person to a person
6-21 protected by an order or a member of the family or household of a
6-22 person protected by an order; and
6-23 (C) if the court finds good cause, in any manner
6-24 with a person protected by an order or a member of the family or
6-25 household of a person protected by an order, except through the
6-26 party's attorney or a person appointed by the court;
7-1 (3) going to or near the residence or place of
7-2 employment or business of a person protected by an order or a
7-3 member of the family or household of a person protected by an
7-4 order;
7-5 (4) going to or near the residence, child-care
7-6 facility, or school a child protected under the order normally
7-7 attends or in which the child normally resides; and
7-8 (5) engaging in conduct directed specifically toward a
7-9 person who is a person protected by an order or a member of the
7-10 family or household of a person protected by an order, including
7-11 following the person, that is reasonably likely to harass, annoy,
7-12 alarm, abuse, torment, or embarrass the person.
7-13 (c) In an order under Subsection (b)(3) or (4), the court
7-14 shall specifically describe each prohibited location and the
7-15 minimum distances from the location, if any, that the party must
7-16 maintain. This subsection does not apply to an order in which
7-17 Section 85.007 applies.
7-18 (d) In a protective order, the court may suspend a license
7-19 to carry a concealed handgun issued under Section 411.177,
7-20 Government Code, that is held by a person found to have committed
7-21 family violence.
7-22 SECTION 9. Section 85.042, Family Code, is amended to read
7-23 as follows:
7-24 Sec. 85.042. DELIVERY OF ORDER TO OTHER PERSONS. (a) The
7-25 clerk of the court issuing an original or modified protective order
7-26 under this subtitle shall send a copy of the order, along with the
8-1 information provided by the applicant or the applicant's attorney
8-2 that is required under Section 411.042(b)(5), Government Code, to
8-3 the chief of police of the municipality in which the person [member
8-4 of the family or household] protected by the order resides, if the
8-5 person resides in a municipality, or to the appropriate constable
8-6 and the sheriff of the county in which the person resides, if the
8-7 person does not reside in a municipality. The chief of police or
8-8 constable and sheriff shall enter the information into the
8-9 statewide law enforcement information system.
8-10 (b) If a protective order made under this chapter prohibits
8-11 a respondent from going to or near a child-care facility or school,
8-12 the clerk of the court shall send a copy of the order to the
8-13 child-care facility or school.
8-14 (c) The clerk of a court that vacates an original or
8-15 modified protective order under this subtitle shall notify the
8-16 chief of police or constable and sheriff who received a copy of the
8-17 original or modified order that the order is vacated.
8-18 (d) The applicant or the applicant's attorney shall provide
8-19 to the clerk of the court:
8-20 (1) the name and address of each law enforcement
8-21 agency, child-care facility, and school to which the clerk is
8-22 required to mail a copy of the order under this section; and
8-23 (2) any other information required under Section
8-24 411.042(b)(5), Government Code.
8-25 (e) The clerk of the court issuing an original or modified
8-26 protective order under Section 85.022 that suspends a license to
9-1 carry a concealed handgun shall send a copy of the order to the
9-2 appropriate division of the Department of Public Safety at its
9-3 Austin headquarters. On receipt of the order suspending the
9-4 license, the department shall:
9-5 (1) record the suspension of the license in the
9-6 records of the department;
9-7 (2) report the suspension to local law enforcement
9-8 agencies, as appropriate; and
9-9 (3) demand surrender of the suspended license from the
9-10 license holder.
9-11 SECTION 10. This Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 68 passed the Senate on
February 15, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 68 passed the House on
April 27, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor