C.S.H.B. 297 78(R)    BILL ANALYSIS


C.S.H.B. 297
By: Goodman
Juvenile Justice & Family Issues
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

It is not uncommon for a family member to move to a different location due
to family violence or after a stalking incident has taken place, and file
for a temporary emergency protective order in their new county of
residence.  C.S.H.B. 297 adds language which specifies that a condition
imposed by a subsequent protective order under Chapter 85, Subtitle B,
Title 4, Family Code, or under Title 1 or Title 5 of the Family Code has
precedence over a condition imposed by an order under the provisions of a
magistrate's order for emergency protection. The bill also adds language
which addresses the situation when an  order issued under Chapter 83,
Subtitle B, Title 4, of the Family Code conflicts with a magistrate's
order for emergency protection. C.S.H.B. 297 specifies the circumstances
and provisions for modifying a magistrate's order for emergency protection
because current law is silent on this issue.   

Finally, C.S.H.B. 297 clarifies which courts have the jurisdiction to
modify a magistrate's order for emergency protection by providing that the
issuing court or the criminal court that assumes jurisdiction for the
criminal case are the only courts that can modify a magistrate's order for
emergency protection. 


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

SECTION BY SECTION ANALYSIS

Section 1.  Amends Article 17.292, Code of Criminal Procedure, to provide
that a protective order issued under Chapter 85, Subtitle B, Title 4,
Family Code or under Title 1 or Title 5, Family Code, issued subsequent to
a magistrate's order for  emergency protection prevails to the extent that
a conflict exists.  The bill further provides that if an order issued
under Article 17.292 conflicts with a subsequent order issued under
Chapter 83, Subtitle B, Title 4, Family Code, the conditions imposed by
the order issued under Article 17.292 prevail unless the court issuing the
order under Chapter 83, Family Code is informed of the existence of the
order issued under Article 17.292 and the court makes a finding in the
Chapter 83, Family Code order that the court is superseding the order
issued under Article 17.292.   

Additionally, the bill provides that after notice and a  hearing, the
issuing court may modify an order if the court finds that: the order as
originally issued is unworkable; the modification will not place the
victim of the offense at greater risk than did the original order; and the
modification will not endanger a person protected under the order.
Furthermore, the bill clarifies continuing jurisdiction to modify a
magistrate's order for emergency protection by providing that only the
issuing court or criminal court assuming jurisdiction over the criminal
case may modify such. 

Section 2.  This Act takes effect September 1, 2003, and applies only to
an order for emergency protection issued under Article 17.292, Code of
Criminal Procedure, as amended by this Act, on or after that date. 



 EFFECTIVE DATE

September 1, 2003.


COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 297 modifies the original H.B. 297 by adding language which
provides that if an order issued under Article 17.292 conflicts with a
subsequent order issued under Chapter 83, Subtitle B, Title 4,  Family
Code, the conditions imposed by the order issued under Article 17.292
prevail unless the court issuing the order under Chapter 83, Family Code
is informed of the existence of the order issued under Article 17.292, and
the court makes a finding in the order under Chapter 83, of the Family
Code, that the court is superseding the order issued under Article 17.292.