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 * * * * *