82R3313 AJZ-D

By: Gallego H.B. No. 649

A BILL TO BE ENTITLED

AN ACT

relating to the issuance and duration of certain protective orders

for victims of sexual assault.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. 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 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 2. Article 7A.07, Code of Criminal Procedure, is

amended to read as follows:

Art. 7A.07. DURATION OF PROTECTIVE ORDER. (a) A protective

order issued under Article 7A.03 may be effective for the duration

of the lives of the offender and victim [as provided by Subsection

(b),] 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) [A protective order issued under Article 7A.03 may be

effective for the duration of the lives of the offender and victim

only if the court finds reasonable cause to believe that the victim

is the subject of a threat that reasonably places the victim in fear

of further harm from the alleged offender.

[(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.

(c) [(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.

(d) [(e)] To the extent of any conflict with Section 85.025,

Family Code, this article prevails.

SECTION 3. (a) The changes in law made by this Act to

Article 7A.03, Code of Criminal Procedure, apply only to an

application for a protective order that is filed on or after the

effective date of this Act. An application for a protective order

that was filed before the effective date of this Act is governed by

the law in effect on the date the application was filed, and the

former law is continued in effect for that purpose.

(b) The changes in law made by this Act to Article 7A.07,

Code of Criminal Procedure, apply only to a protective order that is

issued on or after the effective date of this Act. A protective

order that was issued before the effective date of this Act is

governed by the law in effect on the date the order was issued, and

the former law is continued in effect for that purpose.

SECTION 4. This Act takes effect September 1, 2011.