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78R3583 PEP-D
By: Nelson S.B. No. 433
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.