1-1     By:  Moncrief, Bernsen                                  S.B. No. 68
 1-2           (In the Senate - Filed November 13, 2000; January 10, 2001,
 1-3     read first time and referred to Committee on Jurisprudence;
 1-4     January 31, 2001, reported favorably by the following vote:  Yeas
 1-5     6, Nays 0; January 31, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to protective orders with regard to dating violence.
 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10           SECTION 1.  Chapter 71, Family Code, is amended by adding
1-11     Section 71.0021 to read as follows:
1-12           Sec. 71.0021.  DATING VIOLENCE.  (a)  "Dating violence" means
1-13     an act by an individual that is against another individual with
1-14     whom that person has or has had a dating relationship and that is
1-15     intended to result in physical harm, bodily injury, assault, or
1-16     sexual assault or that is a threat that reasonably places the
1-17     individual in fear of imminent physical harm, bodily injury,
1-18     assault, or sexual assault, but does not include defensive measures
1-19     to protect oneself.
1-20           (b)  For purposes of this title, "dating relationship" means
1-21     a relationship between individuals who have or have had a
1-22     continuing social relationship of a romantic or intimate nature.
1-23     The existence of such a relationship shall be determined based on
1-24     consideration of:
1-25                 (1)  the length of the relationship;
1-26                 (2)  the nature of the relationship; and
1-27                 (3)  the frequency of interaction between the persons
1-28     involved in the relationship.
1-29           (c)  A casual acquaintanceship or ordinary fraternization in
1-30     a business or social context does not constitute a "dating
1-31     relationship" under Subsection (b).
1-32           SECTION 2.  Section 71.004, Family Code, is amended to read
1-33     as follows:
1-34           Sec. 71.004.  FAMILY VIOLENCE.  "Family violence" means:
1-35                 (1)  an act by a member of a family or household
1-36     against another member of the family or household that is intended
1-37     to result in physical harm, bodily injury, assault, or sexual
1-38     assault or that is a threat that reasonably places the member in
1-39     fear of imminent physical harm, bodily injury, assault, or sexual
1-40     assault, but does not include defensive measures to protect
1-41     oneself; [or]
1-42                 (2)  abuse, as that term is defined by Sections
1-43     261.001(1)(C), (E), and (G), by a member of a family or household
1-44     toward a child of the family or household; or
1-45                 (3)  dating violence, as that term is defined by
1-46     Section 71.0021.
1-47           SECTION 3.  Section 82.002, Family Code, is amended to read
1-48     as follows:
1-49           Sec. 82.002.  WHO MAY FILE APPLICATION.  (a)  With regard to
1-50     family violence under Section 71.004(1) or (2), an adult member of
1-51     the family or household may file an [An] application for a
1-52     protective order to protect the applicant or any other member of
1-53     the applicant's family or household [may be filed by:]
1-54                 [(1)  an adult member of the family or household; or]
1-55                 [(2)  any adult for the protection of a child].
1-56           (b)  With regard to family violence under Section 71.004(3),
1-57     an application for a protective order to protect the applicant may
1-58     be filed by an adult member of the dating relationship.
1-59           (c)  Any adult may apply for a protective order to protect a
1-60     child from family violence.
1-61           (d)  In addition, an application may be filed for the
1-62     protection of any person alleged to be a victim of family violence
1-63     by:
1-64                 (1)  a prosecuting attorney; or
 2-1                 (2)  the Department of Protective and Regulatory
 2-2     Services.
 2-3           (e) [(c)]  The person alleged to be the victim of family
 2-4     violence in an application filed under Subsection (c) or (d) [(b)]
 2-5     is considered to be the applicant for a protective order under this
 2-6     subtitle.
 2-7           SECTION 4.  Section 83.001, Family Code, is amended to read
 2-8     as follows:
 2-9           Sec. 83.001.  REQUIREMENTS FOR TEMPORARY EX PARTE ORDER.
2-10     (a)  If the court finds from the information contained in an
2-11     application for a protective order that there is a clear and
2-12     present danger of family violence, the court, without further
2-13     notice to the individual alleged to have committed family violence
2-14     [any other member of the family or household] and without a
2-15     hearing, may enter a temporary ex parte order for the protection of
2-16     the applicant or any other member of the family or household of the
2-17     applicant.
2-18           (b)  In a temporary ex parte order, the court may direct a
2-19     respondent to do or refrain from doing specified acts.
2-20           SECTION 5.  Section 83.004, Family Code, is amended to read
2-21     as follows:
2-22           Sec. 83.004.  MOTION TO VACATE.  Any individual [member of
2-23     the family or household] affected by a temporary ex parte order may
2-24     file a motion at any time to vacate the order.  On the filing of
2-25     the motion to vacate, the court shall set a date for hearing the
2-26     motion as soon as possible.
2-27           SECTION 6.  Section 85.001, Family Code, is amended to read
2-28     as follows:
2-29           Sec. 85.001.  REQUIRED FINDINGS AND ORDERS.  (a)  At the
2-30     close of a hearing on an application for a protective order, the
2-31     court shall find whether:
2-32                 (1)  family violence has occurred; and
2-33                 (2)  family violence is likely to occur in the future.
2-34           (b)  If the court finds that family violence has occurred and
2-35     that family violence is likely to occur in the future, the court:
2-36                 (1)  shall render a protective order as provided by
2-37     Section 85.022 applying only to a person found to have committed
2-38     family violence; and
2-39                 (2)  may render a protective order as provided by
2-40     Section 85.021 applying to both parties that is in the best
2-41     interest of the person protected by the order [family or household]
2-42     or member of the family or household of the person protected by the
2-43     order.
2-44           (c)  A protective order that requires the first applicant to
2-45     do or refrain from doing an act under Section 85.022 shall include
2-46     a finding that the first applicant has committed family violence
2-47     and is likely to commit family violence in the future.
2-48           SECTION 7.  Section 85.007, Family Code, is amended to read
2-49     as follows:
2-50           Sec. 85.007.  CONFIDENTIALITY OF CERTAIN INFORMATION.
2-51     (a)  On request by a person protected by an order or member of the
2-52     [a] family or household of a person protected by an order, the
2-53     court may exclude from a protective order the address and telephone
2-54     number of:
2-55                 (1)  a person protected by the order, in which case the
2-56     order shall state the county in which the person resides;
2-57                 (2)  the place of employment or business of a person
2-58     protected by the order; or
2-59                 (3)  the child-care facility or school a child
2-60     protected by the order attends or in which the child resides.
2-61           (b)  On granting a request for confidentiality under this
2-62     section, the court shall order the clerk to:
2-63                 (1)  strike the information described by Subsection (a)
2-64     from the public records of the court; and
2-65                 (2)  maintain a confidential record of the information
2-66     for use only by the court.
2-67           SECTION 8.  Section 85.022, Family Code, is amended to read
2-68     as follows:
2-69           Sec. 85.022.  REQUIREMENTS OF ORDER APPLYING TO PERSON WHO
 3-1     COMMITTED FAMILY VIOLENCE.  (a)  In a protective order, the court
 3-2     may order the person found to have committed family violence to:
 3-3                 (1)  complete a battering intervention and prevention
 3-4     program as provided by Article 42.141, Code of Criminal Procedure,
 3-5     and that meets the guidelines adopted by the community justice
 3-6     assistance division of the Texas Department of Criminal Justice if
 3-7     a program is available;
 3-8                 (2)  counsel with a social worker, family service
 3-9     agency, physician, psychologist, licensed therapist, or licensed
3-10     professional counselor if a program under Subdivision (1) is not
3-11     available; or
3-12                 (3)  perform acts specified by the court that the court
3-13     determines are necessary or appropriate to prevent or reduce the
3-14     likelihood of family violence.
3-15           (b)  In a protective order, the court may prohibit the person
3-16     found to have committed family violence from:
3-17                 (1)  committing family violence;
3-18                 (2)  communicating:
3-19                       (A)  directly with a person protected by an order
3-20     or a member of the family or household of a person protected by an
3-21     order, in a threatening or harassing manner;
3-22                       (B)  a threat through any person to a person
3-23     protected by an order or a member of the family or household of a
3-24     person protected by an order; and
3-25                       (C)  if the court finds good cause, in any manner
3-26     with a person protected by an order or a member of the family or
3-27     household of a person protected by an order, except through the
3-28     party's attorney or a person appointed by the court;
3-29                 (3)  going to or near the residence or place of
3-30     employment or business of a person protected by an order or a
3-31     member of the family or household of a person protected by an
3-32     order;
3-33                 (4)  going to or near the residence, child-care
3-34     facility, or school a child protected under the order normally
3-35     attends or in which the child normally resides; and
3-36                 (5)  engaging in conduct directed specifically toward a
3-37     person who is a person protected by an order or a member of the
3-38     family or household of a person protected by an order, including
3-39     following the person, that is reasonably likely to harass, annoy,
3-40     alarm, abuse, torment, or embarrass the person.
3-41           (c)  In an order under Subsection (b)(3) or (4), the court
3-42     shall specifically describe each prohibited location and the
3-43     minimum distances from the location, if any, that the party must
3-44     maintain.  This subsection does not apply to an order in which
3-45     Section 85.007 applies.
3-46           (d)  In a protective order, the court may suspend a license
3-47     to carry a concealed handgun issued under Section 411.177,
3-48     Government Code, that is held by a person found to have committed
3-49     family violence.
3-50           SECTION 9.  Section 85.042, Family Code, is amended to read
3-51     as follows:
3-52           Sec. 85.042.  DELIVERY OF ORDER TO OTHER PERSONS.  (a)  The
3-53     clerk of the court issuing an original or modified protective order
3-54     under this subtitle shall send a copy of the order, along with the
3-55     information provided by the applicant or the applicant's attorney
3-56     that is required under Section 411.042(b)(5), Government Code, to
3-57     the chief of police of the municipality in which the person [member
3-58     of the family or household] protected by the order resides, if the
3-59     person resides in a municipality, or to the appropriate constable
3-60     and the sheriff of the county in which the person resides, if the
3-61     person does not reside in a municipality.  The chief of police or
3-62     constable and sheriff shall enter the information into the
3-63     statewide law enforcement information system.
3-64           (b)  If a protective order made under this chapter prohibits
3-65     a respondent from going to or near a child-care facility or school,
3-66     the clerk of the court shall send a copy of the order to the
3-67     child-care facility or school.
3-68           (c)  The clerk of a court that vacates an original or
3-69     modified protective order under this subtitle shall notify the
 4-1     chief of police or constable and sheriff who received a copy of the
 4-2     original or modified order that the order is vacated.
 4-3           (d)  The applicant or the applicant's attorney shall provide
 4-4     to the clerk of the court:
 4-5                 (1)  the name and address of each law enforcement
 4-6     agency, child-care facility, and school to which the clerk is
 4-7     required to mail a copy of the order under this section; and
 4-8                 (2)  any other information required under Section
 4-9     411.042(b)(5), Government Code.
4-10           (e)  The clerk of the court issuing an original or modified
4-11     protective order under Section 85.022 that suspends a license to
4-12     carry a concealed handgun shall send a copy of the order to the
4-13     appropriate division of the Department of Public Safety at its
4-14     Austin headquarters.  On receipt of the order suspending the
4-15     license, the department shall:
4-16                 (1)  record the suspension of the license in the
4-17     records of the department;
4-18                 (2)  report the suspension to local law enforcement
4-19     agencies, as appropriate; and
4-20                 (3)  demand surrender of the suspended license from the
4-21     license holder.
4-22           SECTION 10.  This Act takes effect September 1, 2001.
4-23                                  * * * * *