|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the issuance of a protective order for a victim of the |
|
|
offense of sexual assault, aggravated sexual assault, or indecency |
|
|
with a child. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Article 7A.01(a), Code of Criminal Procedure, is |
|
|
amended to read as follows: |
|
|
(a) A person who is the victim of an offense under Section |
|
|
21.11, 22.011, or 22.021, Penal Code, a parent or guardian acting on |
|
|
behalf of a person younger than 17 years of age who is the victim of |
|
|
such an offense, or a prosecuting attorney acting on behalf of the |
|
|
victim [person], may file an application for a protective order |
|
|
under this chapter without regard to the relationship between the |
|
|
victim [applicant] and the alleged offender. |
|
|
SECTION 2. Article 7A.03, Code of Criminal Procedure, is |
|
|
amended to read as follows: |
|
|
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: |
|
|
(1) is younger than 18 years of age; or |
|
|
(2) regardless of age, is 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 younger than |
|
|
18 years of age, or regardless of age, 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. |
|
|
SECTION 3. Chapter 7A, Code of Criminal Procedure, is |
|
|
amended by adding Article 7A.07 to read as follows: |
|
|
Art. 7A.07. DURATION OF PROTECTIVE ORDER. (a) A protective |
|
|
order issued under Article 7A.03 is effective for the duration of |
|
|
the lives of the offender and victim, or for any shorter period |
|
|
stated in the order. If a period is not stated in the order, the |
|
|
order is effective until the second anniversary of the date the |
|
|
order was issued. |
|
|
(b) Section 85.025, Family Code, does not apply to the |
|
|
protective order. |
|
|
(c) A victim who is 17 years of age or older or a parent or |
|
|
guardian acting on behalf of a victim who is younger than 17 years |
|
|
of age may file at any time an application with the court to rescind |
|
|
the protective order. |
|
|
(d) If a person who is the subject of a protective order |
|
|
issued under Article 7A.03 is confined or imprisoned on the date the |
|
|
protective order is due to expire under Subsection (a), the period |
|
|
for which the order is effective is extended, and the order expires |
|
|
on the first anniversary of the date the person is released from |
|
|
confinement or imprisonment. |
|
|
SECTION 4. The change in law made by this Act applies to a |
|
|
protective order issued on or after the effective date of this Act |
|
|
on the basis of an offense committed before, on, or after the |
|
|
effective date of this Act. A protective order issued before the |
|
|
effective date of this Act is governed by the law in effect on the |
|
|
date the protective order was issued, and the former law is |
|
|
continued in effect for that purpose. |
|
|
SECTION 5. This Act takes effect September 1, 2007. |