80R6644 SLO-F
 
  By: Carona S.B. No. 584
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the issuance or violation of an order for emergency
protection on the basis of the offense of sexual assault or
aggravated sexual assault.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Article 17.292(a), Code of Criminal Procedure,
is amended to read as follows:
       (a)  At a defendant's appearance before a magistrate after
arrest for an offense involving family violence or an offense under
Section 22.011, 22.021, or 42.072, 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.
       SECTION 2.  Section 25.07(a), Penal Code, is amended to read
as follows:
       (a)  A person commits an offense if, in violation of an order
issued under Section 6.504 or Chapter 85, Family Code, under
Article 17.292, Code of Criminal Procedure, or by another
jurisdiction as provided by Chapter 88, Family Code, the person
knowingly or intentionally:
             (1)  commits family violence or an act in furtherance
of an offense under Section 22.011, 22.021, or 42.072;
             (2)  communicates:
                   (A)  directly with a protected individual or a
member of the family or household in a threatening or harassing
manner;
                   (B)  a threat through any person to a protected
individual or a member of the family or household; or
                   (C)  in any manner with the protected individual
or a member of the family or household except through the person's
attorney or a person appointed by the court, if the order prohibits
any communication with a protected individual or a member of the
family or household;
             (3)  goes to or near any of the following places as
specifically described in the order:
                   (A)  the residence or place of employment or
business of a protected individual or a member of the family or
household; or
                   (B)  any child care facility, residence, or school
where a child protected by the order normally resides or attends; or
             (4)  possesses a firearm.
       SECTION 3.  The change in law made by this Act applies only
to a defendant arrested on or after the effective date of this Act.
A defendant arrested before the effective date of this Act is
covered by the law in effect on the date the defendant was arrested,
and the former law is continued in effect for that purpose.
       SECTION 4.  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, 2007.