By:  Strama                                                       H.B. No. 3040



A BILL TO BE ENTITLED

AN ACT

relating to a magistrate's order for an emergency protective order 
for sexual assaults.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        

SECTION 1.  Chapter 17, Code of Criminal Procedure, Article 
17.292, is amended as follows:

Art. 17.292.  MAGISTRATE'S ORDER FOR EMERGENCY PROTECTION.                    

(a)  At any of a defendant's appearances before a magistrate after 
an arrest for an offense involving family violence, an offense 
under Section 42.072, Penal Code, or an offense under Section 
22.011 or 22.021, Penal Code, the magistrate may issue an order for 
emergency protection on the magistrate's own motion or on the 
request of:

(1)  the victim of the offense;                                               

(2)  the guardian of the victim;                                              

(3)  a peace officer; or                                                      

(4)  the attorney representing the state.                                     

(b)  At a defendant's appearance before a magistrate after arrest 
for an offense involving family violence, the magistrate shall 
issue an order for emergency protection if the arrest is for an 
offense that also involves:

(1)  serious bodily injury to the victim; or                                  

(2)  the use or exhibition of a deadly weapon during the commission 
of an assault.

(b-1)  A defendant is prohibited from waiving magistration if a 
request for a Magistrate's Order for Emergency Protection is 
pending.

(c)  The magistrate in the order for emergency protection may 
prohibit the arrested party from:

(1)  committing:                                                              

(A)  family violence or an assault on the person protected under 
the order; or

(B)  an act in furtherance of an offense under Section 42.072, 
Penal Code;  

(2)  communicating:                                                           

(A)  directly with a member of the family or household or with the 
person protected under the order in a threatening or harassing 
manner; or

(B)  a threat through any person to a member of the family or 
household or to the person protected under the order;

(3)  going to or near:                                                        

(A)  the residence, place of employment, or business of a member of 
the family or household or of the person protected under the order; 
or

(B)  the residence, child care facility, or school where a child 
protected under the order resides or attends; or

(4)  possessing a firearm, unless the person 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.

SECTION 2.  This ACT takes effect immediately if it receives a vote 
of two-thirds of all the members elected to each house, as provided 
by Section 39, Article III, Texas Constitution.  If this ACT does 
not receive the vote necessary for immediate effect, this Act takes 
effect September 1, 2005.