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.