BILL ANALYSIS |
C.S.H.B. 1438 |
By: Lucio III |
Criminal Jurisprudence |
Committee Report (Substituted) |
BACKGROUND AND PURPOSE
The duration of a magistrate's order for emergency protection can generally last anywhere from 31 to 91 days after the date of issuance. Interested parties assert that, in a situation where the person against whom the order is issued goes to jail on an unrelated charge, the protective order may lapse and no longer serve its purpose, as the person is incarcerated with no access to the person protected under the order. C.S.H.B. 1438 seeks to address this issue by extending the period for which an emergency protective order is effective with respect to a confined or imprisoned person who is the subject of the order.
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RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
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ANALYSIS
C.S.H.B. 1438 amends the Code of Criminal Procedure to extend the period for which a magistrate's order for emergency protection is effective, if the person who is the subject of the order is confined or imprisoned on the date the order is due to expire, by providing that the order expires on the 31st day after the date the person is released from confinement or imprisonment.
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EFFECTIVE DATE
September 1, 2013.
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COMPARISON OF ORIGINAL AND SUBSTITUTE
While C.S.H.B. 1438 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and highlighted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.
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