78R5457 KCR-D


By:  Goodman                                                      H.B. No. 297

Substitute the following for H.B. No. 297:                                    

By:  Hodge                                                    C.S.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.