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.