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.