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A BILL TO BE ENTITLED
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AN ACT
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relating to the right of a spouse to enter the marital residence |
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accompanied by a peace officer under certain circumstances. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 3, Family Code, is amended by adding |
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Subchapter F to read as follows: |
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SUBCHAPTER F. ACCESS TO MARITAL RESIDENCE |
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Sec. 3.501. DEFINITION. In this subchapter, "marital |
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residence" means the dwelling in which spouses primarily reside, |
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regardless of whether that dwelling qualifies as a homestead. |
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Sec. 3.502. RIGHT TO ENTER MARITAL RESIDENCE. Except as |
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otherwise provided by a protective order under Title 4, a |
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magistrate's order for emergency protection under Article 17.292, |
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Code of Criminal Procedure, another court order, or other law, a |
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spouse is entitled to enter the spouse's marital residence for a |
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purpose described by Section 3.503 regardless of whether: |
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(1) there is an agreement between the spouses that the |
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other spouse shall have exclusive right to reside in the residence; |
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or |
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(2) the spouse seeking to enter the residence |
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voluntarily moved out of the residence. |
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Sec. 3.503. APPLICATION TO ENTER RESIDENCE ACCOMPANIED BY |
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PEACE OFFICER. (a) If a spouse desires to be accompanied by a |
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peace officer when the spouse enters the marital residence, the |
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spouse must apply to a justice court for an order authorizing entry |
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to the residence. The application must: |
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(1) certify that the applicant is unable to enter the |
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marital residence because the spouse occupying the marital |
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residence has denied the applicant access to the marital residence; |
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(2) certify that, to the best of the applicant's |
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knowledge, the applicant is not: |
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(A) the subject of an active protective order |
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under Title 4, a magistrate's order for emergency protection under |
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Article 17.292, Code of Criminal Procedure, or another court order |
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prohibiting entry to the marital residence; or |
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(B) otherwise prohibited by law from entering the |
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marital residence; |
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(3) allege that the applicant requires vital items |
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located in the marital residence, including medical records and |
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supplies, legal documents, financial documents, employment |
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records, personal identification documents, and items pertaining |
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to personal safety; |
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(4) describe with specificity the items that the |
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applicant intends to retrieve; and |
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(5) allege that the applicant will suffer personal or |
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financial harm if the items listed in the application are not |
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retrieved. |
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(b) The justice of the peace shall grant the application |
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under Subsection (a) only if the justice of the peace finds that: |
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(1) the applicant is unable to enter the marital |
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residence because the spouse occupying the marital residence has |
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denied the applicant access to the marital residence; |
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(2) the applicant is not: |
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(A) the subject of an active protective order |
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under Title 4, a magistrate's order for emergency protection under |
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Article 17.292, Code of Criminal Procedure, or another court order |
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prohibiting entry to the marital residence; or |
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(B) otherwise prohibited by law from entering the |
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marital residence; and |
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(3) there is a risk of personal or financial harm to |
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the applicant if the items listed in the application are not |
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retrieved. |
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(c) If the justice of the peace grants the application under |
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this section, a peace officer shall accompany and assist the |
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applicant in making the authorized entry. |
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(d) A peace officer who provides assistance under |
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Subsection (c) is not: |
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(1) civilly liable for an act or omission of the |
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officer that arises in connection with providing the assistance; or |
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(2) civilly or criminally liable for the wrongful |
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appropriation of any personal property by the spouse the officer is |
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assisting. |
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SECTION 2. This Act takes effect September 1, 2013. |