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A BILL TO BE ENTITLED
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AN ACT
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relating to the duration of a magistrate's order for emergency |
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protection. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 17.292, Code of Criminal Procedure, is |
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amended by amending Subsection (j) and adding Subsections (j-1), |
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(j-2), and (j-3) to read as follows: |
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(j) An order for emergency protection issued under this |
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article is effective on issuance, and the defendant shall be served |
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a copy of the order in open court. |
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(j-1) An order for emergency protection issued under |
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Subsection (a) or (b)(1) of this article remains in effect up to the |
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61st day but not less than 31 days after the date of issuance. An |
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order for emergency protection issued under Subsection (b)(2) of |
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this article remains in effect up to the 91st day but not less than |
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61 days after the date of issuance. |
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(j-2) If a person who is the subject of an order for |
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emergency protection is confined or imprisoned on the date the |
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order is due to expire under Subsection (j-1), the period for which |
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the order is effective is extended, and the order expires on the |
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31st day after the date the person is released from confinement or |
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imprisonment. |
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(j-3) After notice to each affected party and a hearing, the |
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issuing court may modify all or part of an order issued under this |
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article if the court finds that: |
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(1) the order as originally issued is unworkable; |
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(2) the modification will not place the victim of the |
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offense at greater risk than did the original order; and |
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(3) the modification will not in any way endanger a |
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person protected under the order. |
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SECTION 2. The change in law made by this Act to Article |
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17.292, Code of Criminal Procedure, applies only to a magistrate's |
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order for emergency protection that is issued on or after the |
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effective date of this Act. A magistrate's order for emergency |
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protection 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 3. This Act takes effect September 1, 2013. |