By Staples                                             S.B. No. 653
         77R5197 MCK-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to certain counseling and treatment that may be required
 1-3     under a protective order of a person found to have committed family
 1-4     violence.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Section 85.022(a), Family Code, is amended to read
 1-7     as follows:
 1-8           (a)  In a protective order, the court may order the person
 1-9     found to have committed family violence to:
1-10                 (1)  complete a battering intervention and prevention
1-11     program as provided by Article 42.141, Code of Criminal Procedure,
1-12     and that meets the guidelines adopted by the community justice
1-13     assistance division of the Texas Department of Criminal Justice if
1-14     a program is available;
1-15                 (2)  counsel with a social worker, family service
1-16     agency, physician, psychologist, licensed therapist, or licensed
1-17     professional counselor if a program under Subdivision (1) is not
1-18     available;  [or]
1-19                 (3)  perform acts specified by the court that the court
1-20     determines are necessary or appropriate to prevent or reduce the
1-21     likelihood of family violence; or
1-22                 (4)  be assessed for substance abuse and, if the person
1-23     is determined to have a substance abuse problem, to complete a
1-24     substance abuse treatment program.
 2-1           SECTION 2. Section 85.024(a), Family Code, is amended to read
 2-2     as follows:
 2-3           (a)  A person found to have engaged in family violence who is
 2-4     ordered to attend a program or counseling under Section
 2-5     85.022(a)(1) or (2) or who is assessed and determined to have a
 2-6     substance abuse problem and ordered to complete a substance abuse
 2-7     treatment program under Section 85.022(a)(4) shall file with the
 2-8     court an affidavit before the 60th day after the date the order was
 2-9     rendered or the person was assessed and determined to have a
2-10     substance abuse problem stating either that the person has begun
2-11     the program or counseling or that a program or counseling is not
2-12     available within a reasonable distance from the person's residence.
2-13     A person who files an affidavit that the person has begun the
2-14     program or counseling shall file with the court before the date the
2-15     protective order expires a statement that the person completed the
2-16     program or counseling not later than the 30th day before the
2-17     expiration date of the protective order.    An affidavit under this
2-18     subsection must be accompanied by a letter, notice, or certificate
2-19     from the program or counselor that verifies the person's completion
2-20     of the program or counseling.  A person who fails to comply with
2-21     this subsection may be punished for contempt of court under Section
2-22     21.002, Government Code.
2-23           SECTION 3. This Act takes effect September 1, 2001, and
2-24     applies only to a protective order rendered on or after that date.