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A BILL TO BE ENTITLED
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AN ACT
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relating to the issuance or violation of an order for emergency |
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protection on the basis of the offense of sexual assault or |
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aggravated sexual assault. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (a), Article 17.292, Code of Criminal |
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Procedure, is amended to read as follows: |
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(a) At a defendant's appearance before a magistrate after |
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arrest for an offense involving family violence or an offense under |
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Section 22.011, 22.021, or 42.072, Penal Code, the magistrate may |
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issue an order for emergency protection on the magistrate's own |
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motion or on the request of: |
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(1) the victim of the offense; |
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(2) the guardian of the victim; |
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(3) a peace officer; or |
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(4) the attorney representing the state. |
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SECTION 2. Subsection (a), Section 25.07, Penal Code, is |
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amended to read as follows: |
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(a) A person commits an offense if, in violation of an order |
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issued under Section 6.504 or Chapter 85, Family Code, under |
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Article 17.292, Code of Criminal Procedure, or by another |
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jurisdiction as provided by Chapter 88, Family Code, the person |
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knowingly or intentionally: |
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(1) commits family violence or an act in furtherance |
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of an offense under Section 22.011, 22.021, or 42.072; |
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(2) communicates: |
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(A) directly with a protected individual or a |
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member of the family or household in a threatening or harassing |
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manner; |
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(B) a threat through any person to a protected |
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individual or a member of the family or household; or |
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(C) in any manner with the protected individual |
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or a member of the family or household except through the person's |
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attorney or a person appointed by the court, if the order prohibits |
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any communication with a protected individual or a member of the |
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family or household; |
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(3) goes to or near any of the following places as |
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specifically described in the order: |
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(A) the residence or place of employment or |
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business of a protected individual or a member of the family or |
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household; or |
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(B) any child care facility, residence, or school |
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where a child protected by the order normally resides or attends; or |
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(4) possesses a firearm. |
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SECTION 3. The change in law made by this Act applies only |
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to a defendant arrested on or after the effective date of this Act. |
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A defendant arrested before the effective date of this Act is |
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covered by the law in effect on the date the defendant was arrested, |
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and the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |