By:  Moncrief                                           S.B. No. 68
         2001S0018/3                            
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to protective orders with regard to dating violence.
 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-3           SECTION 1.  Chapter 71, Family Code, is amended by adding
 1-4     Section 71.0021 to read as follows:
 1-5           Sec. 71.0021.  DATING VIOLENCE.  (a)  "Dating violence" means
 1-6     an act by an individual that is against another individual with
 1-7     whom that person has or has had a dating relationship and that is
 1-8     intended to result in physical harm, bodily injury, assault, or
 1-9     sexual assault or that is a threat that reasonably places the
1-10     individual in fear of imminent physical harm, bodily injury,
1-11     assault, or sexual assault, but does not include defensive measures
1-12     to protect oneself.
1-13           (b)  For purposes of this title, "dating relationship" means
1-14     a relationship between individuals who have or have had a
1-15     continuing social relationship of a romantic or intimate nature.
1-16     The existence of such a relationship shall be determined based on
1-17     consideration of:
1-18                 (1)  the length of the relationship;
1-19                 (2)  the nature of the relationship; and
1-20                 (3)  the frequency of interaction between the persons
1-21     involved in the relationship.
1-22           (c)  A casual acquaintanceship or ordinary fraternization in
1-23     a business or social context does not constitute a "dating
1-24     relationship" under Subsection (b).
1-25           SECTION 2.  Section 71.004, Family Code, is amended to read
 2-1     as follows:
 2-2           Sec. 71.004.  FAMILY VIOLENCE.  "Family violence" means:
 2-3                 (1)  an act by a member of a family or household
 2-4     against another member of the family or household that is intended
 2-5     to result in physical harm, bodily injury, assault, or sexual
 2-6     assault or that is a threat that reasonably places the member in
 2-7     fear of imminent physical harm, bodily injury, assault, or sexual
 2-8     assault, but does not include defensive measures to protect
 2-9     oneself; [or]
2-10                 (2)  abuse, as that term is defined by Sections
2-11     261.001(1)(C), (E), and (G), by a member of a family or household
2-12     toward a child of the family or household; or
2-13                 (3)  dating violence, as that term is defined by
2-14     Section 71.0021.
2-15           SECTION 3.  Section 82.002, Family Code, is amended to read
2-16     as follows:
2-17           Sec. 82.002.  WHO MAY FILE APPLICATION.  (a)  With regard to
2-18     family violence under Section 71.004(1) or (2), an adult member of
2-19     the family or household may file an [An] application for a
2-20     protective order to protect the applicant or any other member of
2-21     the applicant's family or household [may be filed by:]
2-22                 [(1)  an adult member of the family or household; or]
2-23                 [(2)  any adult for the protection of a child].
2-24           (b)  With regard to family violence under Section 71.004(3),
2-25     an application for a protective order to protect the applicant may
2-26     be filed by an adult member of the dating relationship.
 3-1           (c)  Any adult may apply for a protective order to protect a
 3-2     child from family violence.
 3-3           (d)  In addition, an application may be filed for the
 3-4     protection of any person alleged to be a victim of family violence
 3-5     by:
 3-6                 (1)  a prosecuting attorney; or
 3-7                 (2)  the Department of Protective and Regulatory
 3-8     Services.
 3-9           (e) [(c)]  The person alleged to be the victim of family
3-10     violence in an application filed under Subsection (c) or (d) [(b)]
3-11     is considered to be the applicant for a protective order under this
3-12     subtitle.
3-13           SECTION 4.  Section 83.001, Family Code, is amended to read
3-14     as follows:
3-15           Sec. 83.001.  REQUIREMENTS FOR TEMPORARY EX PARTE ORDER.
3-16     (a)  If the court finds from the information contained in an
3-17     application for a protective order that there is a clear and
3-18     present danger of family violence, the court, without further
3-19     notice to the individual alleged to have committed family violence
3-20     [any other member of the family or household] and without a
3-21     hearing, may enter a temporary ex parte order for the protection of
3-22     the applicant or any other member of the family or household of the
3-23     applicant.
3-24           (b)  In a temporary ex parte order, the court may direct a
3-25     respondent to do or refrain from doing specified acts.
3-26           SECTION 5.  Section 83.004, Family Code, is amended to read
 4-1     as follows:
 4-2           Sec. 83.004.  MOTION TO VACATE.  Any individual [member of
 4-3     the family or household] affected by a temporary ex parte order may
 4-4     file a motion at any time to vacate the order.  On the filing of
 4-5     the motion to vacate, the court shall set a date for hearing the
 4-6     motion as soon as possible.
 4-7           SECTION 6.  Section 85.001, Family Code, is amended to read
 4-8     as follows:
 4-9           Sec. 85.001.  REQUIRED FINDINGS AND ORDERS.  (a)  At the
4-10     close of a hearing on an application for a protective order, the
4-11     court shall find whether:
4-12                 (1)  family violence has occurred; and
4-13                 (2)  family violence is likely to occur in the future.
4-14           (b)  If the court finds that family violence has occurred and
4-15     that family violence is likely to occur in the future, the court:
4-16                 (1)  shall render a protective order as provided by
4-17     Section 85.022 applying only to a person found to have committed
4-18     family violence; and
4-19                 (2)  may render a protective order as provided by
4-20     Section 85.021 applying to both parties that is in the best
4-21     interest of the person protected by the order [family or household]
4-22     or member of the family or household of the person protected by the
4-23     order.
4-24           (c)  A protective order that requires the first applicant to
4-25     do or refrain from doing an act under Section 85.022 shall include
4-26     a finding that the first applicant has committed family violence
 5-1     and is likely to commit family violence in the future.
 5-2           SECTION 7.  Section 85.007, Family Code, is amended to read
 5-3     as follows:
 5-4           Sec. 85.007.  CONFIDENTIALITY OF CERTAIN INFORMATION.
 5-5     (a)  On request by a person protected by an order or member of the
 5-6     [a] family or household of a person protected by an order, the
 5-7     court may exclude from a protective order the address and telephone
 5-8     number of:
 5-9                 (1)  a person protected by the order, in which case the
5-10     order shall state the county in which the person resides;
5-11                 (2)  the place of employment or business of a person
5-12     protected by the order; or
5-13                 (3)  the child-care facility or school a child
5-14     protected by the order attends or in which the child resides.
5-15           (b)  On granting a request for confidentiality under this
5-16     section, the court shall order the clerk to:
5-17                 (1)  strike the information described by Subsection (a)
5-18     from the public records of the court; and
5-19                 (2)  maintain a confidential record of the information
5-20     for use only by the court.
5-21           SECTION 8.  Section 85.022, Family Code, is amended to read
5-22     as follows:
5-23           Sec. 85.022.  REQUIREMENTS OF ORDER APPLYING TO PERSON WHO
5-24     COMMITTED FAMILY VIOLENCE.  (a)  In a protective order, the court
5-25     may order the person found to have committed family violence to:
5-26                 (1)  complete a battering intervention and prevention
 6-1     program as provided by Article 42.141, Code of Criminal Procedure,
 6-2     and that meets the guidelines adopted by the community justice
 6-3     assistance division of the Texas Department of Criminal Justice if
 6-4     a program is available;
 6-5                 (2)  counsel with a social worker, family service
 6-6     agency, physician, psychologist, licensed therapist, or licensed
 6-7     professional counselor if a program under Subdivision (1) is not
 6-8     available; or
 6-9                 (3)  perform acts specified by the court that the court
6-10     determines are necessary or appropriate to prevent or reduce the
6-11     likelihood of family violence.
6-12           (b)  In a protective order, the court may prohibit the person
6-13     found to have committed family violence from:
6-14                 (1)  committing family violence;
6-15                 (2)  communicating:
6-16                       (A)  directly with a person protected by an order
6-17     or a member of the family or household of a person protected by an
6-18     order, in a threatening or harassing manner;
6-19                       (B)  a threat through any person to a person
6-20     protected by an order or a member of the family or household of a
6-21     person protected by an order; and
6-22                       (C)  if the court finds good cause, in any manner
6-23     with a person protected by an order or a member of the family or
6-24     household of a person protected by an order, except through the
6-25     party's attorney or a person appointed by the court;
6-26                 (3)  going to or near the residence or place of
 7-1     employment or business of a person protected by an order or a
 7-2     member of the family or household of a person protected by an
 7-3     order;
 7-4                 (4)  going to or near the residence, child-care
 7-5     facility, or school a child protected under the order normally
 7-6     attends or in which the child normally resides; and
 7-7                 (5)  engaging in conduct directed specifically toward a
 7-8     person who is a person protected by an order or a member of the
 7-9     family or household of a person protected by an order, including
7-10     following the person, that is reasonably likely to harass, annoy,
7-11     alarm, abuse, torment, or embarrass the person.
7-12           (c)  In an order under Subsection (b)(3) or (4), the court
7-13     shall specifically describe each prohibited location and the
7-14     minimum distances from the location, if any, that the party must
7-15     maintain.  This subsection does not apply to an order in which
7-16     Section 85.007 applies.
7-17           (d)  In a protective order, the court may suspend a license
7-18     to carry a concealed handgun issued under Section 411.177,
7-19     Government Code, that is held by a person found to have committed
7-20     family violence.
7-21           SECTION 9.  Section 85.042, Family Code, is amended to read
7-22     as follows:
7-23           Sec. 85.042.  DELIVERY OF ORDER TO OTHER PERSONS.  (a)  The
7-24     clerk of the court issuing an original or modified protective order
7-25     under this subtitle shall send a copy of the order, along with the
7-26     information provided by the applicant or the applicant's attorney
 8-1     that is required under Section 411.042(b)(5), Government Code, to
 8-2     the chief of police of the municipality in which the person [member
 8-3     of the family or household] protected by the order resides, if the
 8-4     person resides in a municipality, or to the appropriate constable
 8-5     and the sheriff of the county in which the person resides, if the
 8-6     person does not reside in a municipality.  The chief of police or
 8-7     constable and sheriff shall enter the information into the
 8-8     statewide law enforcement information system.
 8-9           (b)  If a protective order made under this chapter prohibits
8-10     a respondent from going to or near a child-care facility or school,
8-11     the clerk of the court shall send a copy of the order to the
8-12     child-care facility or school.
8-13           (c)  The clerk of a court that vacates an original or
8-14     modified protective order under this subtitle shall notify the
8-15     chief of police or constable and sheriff who received a copy of the
8-16     original or modified order that the order is vacated.
8-17           (d)  The applicant or the applicant's attorney shall provide
8-18     to the clerk of the court:
8-19                 (1)  the name and address of each law enforcement
8-20     agency, child-care facility, and school to which the clerk is
8-21     required to mail a copy of the order under this section; and
8-22                 (2)  any other information required under Section
8-23     411.042(b)(5), Government Code.
8-24           (e)  The clerk of the court issuing an original or modified
8-25     protective order under Section 85.022 that suspends a license to
8-26     carry a concealed handgun shall send a copy of the order to the
 9-1     appropriate division of the Department of Public Safety at its
 9-2     Austin headquarters.  On receipt of the order suspending the
 9-3     license, the department shall:
 9-4                 (1)  record the suspension of the license in the
 9-5     records of the department;
 9-6                 (2)  report the suspension to local law enforcement
 9-7     agencies, as appropriate; and
 9-8                 (3)  demand surrender of the suspended license from the
 9-9     license holder.
9-10           SECTION 10.  This Act takes effect September 1, 2001.