78R5457 KCR-D
By: Goodman H.B. No. 297
A BILL TO BE ENTITLED
AN ACT
relating to the duration and effect of a magistrate's order for
emergency protection.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 17.292, Code of Criminal Procedure, is
amended by amending Subsection (j) and by adding Subsections (f-1),
(f-2), and (n) to read as follows:
(f-1) To the extent that a condition imposed by an order
issued under this article conflicts with a condition imposed by an
order subsequently issued under Chapter 85, Subtitle B, Title 4,
Family Code, or under Title 1 or Title 5, Family Code, the condition
imposed by the order issued under the Family Code prevails.
(f-2) To the extent that a condition imposed by an order
issued under this article conflicts with a condition imposed by an
order subsequently issued under Chapter 83, Subtitle B, Title 4,
Family Code, the condition imposed by the order issued under this
article prevails unless the court issuing the order under Chapter
83, Family Code:
(1) is informed of the existence of the order issued
under this article; and
(2) makes a finding in the order issued under Chapter
83, Family Code, that the court is superseding the order issued
under this article.
(j) An order for emergency protection issued under this
article is effective on issuance, and the defendant shall be served
a copy of the order in open court. An order for emergency protection
issued under this article remains in effect up to the 61st day but
not less than 31 days after the date of issuance. After notice to
each affected party and a hearing, the issuing court may modify all
or part of an order issued under this article if the court finds
that:
(1) the order as originally issued is unworkable;
(2) the modification will not place the victim of the
offense at greater risk than did the original order; and
(3) the modification will not in any way endanger a
person protected under the order.
(n) On motion, notice, and hearing, or on agreement of the
parties, an order for emergency protection issued under this
article may be transferred to the court assuming jurisdiction over
the criminal act giving rise to the issuance of the emergency order
for protection. On transfer, the criminal court may modify all or
part of an order issued under this subsection in the same manner and
under the same standards as the issuing court under Subsection (j).
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.