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A BILL TO BE ENTITLED
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AN ACT
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relating to the issuance and duration of certain protective orders |
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for victims of 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.03, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 7A.03. REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE |
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ORDER. (a) At the close of a hearing on an application for a |
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protective order under this chapter, the court shall find whether |
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there are reasonable grounds to believe that the applicant is the |
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victim of a sexual assault [and:
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[(1) is younger than 18 years of age; or
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[(2)
regardless of age, is the subject of a threat that
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reasonably places the
applicant in fear of further harm from the
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alleged offender]. |
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(b) If the court finds reasonable grounds to believe that |
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the applicant is the victim of a sexual assault [and is younger than
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18 years of age, or regardless of age, the subject of a threat that
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reasonably places the applicant in fear of further harm from the
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alleged offender], the court shall issue a protective order that |
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includes a statement of the required findings. |
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SECTION 2. Article 7A.07, Code of Criminal Procedure, is |
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amended 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 may be effective for the duration |
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of the lives of the offender and victim [as provided by Subsection
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(b),] or for any shorter period stated in the order. If a period is |
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not stated in the order, the order is effective until the second |
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anniversary of the date the order was issued. |
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(b) [A protective order issued under Article 7A.03 may be
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effective for the duration of the lives of the offender and victim
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only if the court finds reasonable cause to believe that the victim
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is the subject of a threat that reasonably places the victim in fear
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of further harm from the alleged offender.
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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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(c) [(d)] If a person who is the subject of a protective |
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order issued under Article 7A.03 is confined or imprisoned on the |
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date the protective order is due to expire under Subsection (a), the |
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period for which the order is effective is extended, and the order |
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expires on the first anniversary of the date the person is released |
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from confinement or imprisonment. |
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(d) [(e)] To the extent of any conflict with Section 85.025, |
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Family Code, this article prevails. |
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SECTION 3. (a) The changes in law made by this Act to |
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Article 7A.03, Code of Criminal Procedure, apply only to an |
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application for a protective order that is filed on or after the |
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effective date of this Act. An application for a protective order |
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that was filed before the effective date of this Act is governed by |
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the law in effect on the date the application was filed, and the |
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former law is continued in effect for that purpose. |
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(b) The changes in law made by this Act to Article 7A.07, |
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Code of Criminal Procedure, apply only to a protective order that is |
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issued on or after the effective date of this Act. A protective |
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order that was issued before the effective date of this Act is |
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governed by the law in effect on the date the order was issued, and |
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the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2011. |
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