78(R) HB 779 - Introduced version


                                                                                

78R3583 PEP-D

By:  Naishtat                                                     H.B. No. 779



A BILL TO BE ENTITLED

AN ACT

relating to the issuance and enforcement of protective orders to 
protect victims of sexual assault; providing criminal penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Title 1, Code of Criminal Procedure, is amended 
by adding Chapter 7A to read as follows:

CHAPTER 7A.  PROTECTIVE ORDER FOR VICTIM OF SEXUAL ASSAULT
	Art. 7A.01.  APPLICATION FOR PROTECTIVE ORDER.  (a)  A 
person who is the victim of an offense under Section 22.011 or 
22.021, Penal Code, or a prosecuting attorney acting on behalf of 
the person, may file an application for a protective order under 
this chapter without regard to the relationship between the 
applicant and the alleged offender.
	(b)  An application for a protective order under this chapter 
may be filed in a district court, juvenile court having the 
jurisdiction of a district court, statutory county court, or 
constitutional county court in:
		(1)  the county in which the applicant resides; or                     
		(2)  the county in which the alleged offender resides.                 
	Art. 7A.02.  TEMPORARY EX PARTE ORDER.  If the court finds 
from the information contained in an application for a protective 
order that there is a clear and present danger of a sexual assault 
or other harm to the applicant, the court, without further notice to 
the alleged offender and without a hearing, may enter a temporary ex 
parte order for the protection of the applicant or any other member 
of the applicant's family or household.
	Art. 7A.03.  REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE 
ORDER.  (a)  At the close of a hearing on an application for a 
protective order under this chapter, the court shall find whether 
there are reasonable grounds to believe that the applicant is:
		(1)  the victim of a sexual assault; and                               
		(2)  the subject of a threat that reasonably places the 
applicant in fear of further harm from the alleged offender.
	(b)  If the court finds reasonable grounds to believe that 
the applicant is the victim of a sexual assault and is the subject 
of a threat that reasonably places the applicant in fear of further 
harm from the alleged offender, the court shall issue a protective 
order that includes a statement of the required findings.
	Art. 7A.04.  APPLICATION OF OTHER LAW.  To the extent 
applicable, except as otherwise provided by this chapter, Title 4, 
Family Code, applies to a protective order issued under this 
chapter.
	Art. 7A.05.  CONDITIONS SPECIFIED BY ORDER.  (a)  In a 
protective order issued under this chapter, the court may:
		(1)  order the alleged offender to take action as 
specified by the court that the court determines is necessary or 
appropriate to prevent or reduce the likelihood of future harm to 
the applicant or a member of the applicant's family or household; or
		(2)  prohibit the alleged offender from:                               
			(A)  communicating directly or indirectly with 
the applicant or any member of the applicant's family or household 
in a threatening or harassing manner;
			(B)  going to or near the residence, place of 
employment or business, or child-care facility or school of the 
applicant or any member of the applicant's family or household;
			(C)  engaging in conduct directed specifically 
toward the applicant or any member of the applicant's family or 
household, including following the person, that is reasonably 
likely to harass, annoy, alarm, abuse, torment, or embarrass the 
person; and
			(D)  possessing a firearm, unless the alleged 
offender is a peace officer, as defined by Section 1.07, Penal Code, 
actively engaged in employment as a sworn, full-time paid employee 
of a state agency or political subdivision.
	(b)  In an order under Subsection (a)(2)(B), the court shall 
specifically describe each prohibited location and the minimum 
distance from the location, if any, that the alleged offender must 
maintain.  This subsection does not apply to an order with respect 
to which the court has received a request to maintain 
confidentiality of information revealing the locations.
	(c)  In a protective order, the court may suspend a license 
to carry a concealed handgun issued under Section 411.177, 
Government Code, that is held by the alleged offender.
	Art. 7A.06.  WARNING ON PROTECTIVE ORDER.  (a)  Each 
protective order issued under this chapter, including a temporary 
ex parte order, must contain the following prominently displayed 
statements in boldfaced type, capital letters, or underlined:
	"A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR 
CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN 
JAIL FOR AS LONG AS SIX MONTHS, OR BOTH."
	"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS 
ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY 
PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS 
VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT 
UNLESS A COURT CHANGES THE ORDER."
	"IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS 
DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT 
AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL 
SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A 
FIREARM OR AMMUNITION."
	(b)  Each protective order issued under this subtitle, 
except for a temporary ex parte order, must contain the following 
prominently displayed statement in boldfaced type, capital 
letters, or underlined:
	"A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED 
BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY 
CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH. AN ACT THAT 
RESULTS IN A SEPARATE OFFENSE MAY BE PROSECUTED AS A SEPARATE 
OFFENSE IN ADDITION TO A VIOLATION OF THIS ORDER."
	SECTION 2.  Chapter 38, Penal Code, is amended by adding 
Section 38.112 to read as follows:
	Sec. 38.112.  VIOLATION OF PROTECTIVE ORDER ISSUED ON BASIS 
OF SEXUAL ASSAULT.  (a)  A person commits an offense if, in 
violation of an order issued under Chapter 7A, Code of Criminal 
Procedure, the person knowingly:
		(1)  communicates directly or indirectly with the 
applicant or any member of the applicant's family or household in a 
threatening or harassing manner;
		(2)  goes to or near the residence, place of employment 
or business, or child-care facility or school of the applicant or 
any member of the applicant's family or household; or
		(3)  possesses a firearm.                                              
	(b)  If conduct constituting an offense under this section 
also constitutes an offense under another section of this code, the 
actor may be prosecuted under either section or under both 
sections.
	(c)  An offense under this section is a Class A misdemeanor.            
	SECTION 3.  Section 46.04(c), Penal Code, is amended to read 
as follows:     
	(c)  A person, other than a peace officer, as defined by 
Section 1.07, actively engaged in employment as a sworn, full-time 
paid employee of a state agency or political subdivision, who is 
subject to an order issued under Section 6.504 or Chapter 85, Family 
Code, under Article 17.292 or Chapter 7A, Code of Criminal 
Procedure, or by another jurisdiction as provided by Chapter 88, 
Family Code, commits an offense if the person possesses a firearm 
after receiving notice of the order and before expiration of the 
order.
	SECTION 4.  This Act takes effect September 1, 2003.