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A BILL TO BE ENTITLED
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AN ACT
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relating to the issuance of protective orders for certain sexual, |
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stalking, and trafficking offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (b), Article 7A.01, Code of Criminal |
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Procedure, is amended to read as follows: |
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(b) An application for a protective order under this chapter |
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may be filed in: |
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(1) a district court, juvenile court having the |
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jurisdiction of a district court, statutory county court, or |
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constitutional county court in: |
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(A) [(1)] the county in which the applicant |
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resides; |
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(B) [or (2)] the county in which the alleged |
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offender resides; or |
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(C) any county in which an element of the alleged |
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offense occurred; or |
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(2) any court with jurisdiction over a protective |
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order previously issued under Title 4, Family Code, with respect to |
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the same parties named in the application. |
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SECTION 2. Article 7A.03, Code of Criminal Procedure, as |
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amended by Chapters 135 (S.B. 250) and 238 (H.B. 649), Acts of the |
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82nd Legislature, Regular Session, 2011, is reenacted and amended |
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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 sexual assault or abuse,[; or] stalking, or trafficking. |
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(b) If the court makes a finding described by Subsection (a) |
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[(a)(1) or (2)], the court shall issue a protective order that |
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includes a statement of the required findings. |
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SECTION 3. The change in law made by this Act in amending |
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Article 7A.03, Code of Criminal Procedure, applies only to a |
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protective order issued on or after the effective date of this Act. |
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A protective order issued before the effective date of this Act is |
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governed by the law in effect on the date the order is 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, 2013. |