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