By: Bonnen of Galveston H.B. No. 1782

(Senate Sponsor - Taylor of Galveston)

(In the Senate - Received from the House May 18, 2015; May 18, 2015, read first time and referred to Committee on Criminal Justice; May 22, 2015, reported favorably by the following vote: Yeas 6, Nays 0; May 22, 2015, sent to printer.) Click here to see the committee vote

A BILL TO BE ENTITLED

AN ACT

relating to protective orders against certain persons who are convicted of or placed on deferred adjudication community supervision for an offense involving family violence.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 81, Family Code, is amended by adding Section 81.0015 to read as follows:

Sec. 81.0015. PRESUMPTION. For purposes of this subtitle, there is a presumption that family violence has occurred and is likely to occur in the future if:

(1) the respondent has been convicted of or placed on deferred adjudication community supervision for any of the following offenses against the child for whom the petition is filed:

(A) an offense under Title 5, Penal Code, for which the court has made an affirmative finding that the offense involved family violence under Article 42.013, Code of Criminal Procedure; or

(B) an offense under Title 6, Penal Code;

(2) the respondent's parental rights with respect to the child have been terminated; and

(3) the respondent is seeking or attempting to seek contact with the child.

SECTION 2. The change in law made by this Act applies only to a request for a protective order that is filed on or after the effective date of this Act. A request for a protective order filed before the effective date of this Act is governed by the law in effect on the date the request is filed, and the former law is continued in effect for that purpose.

SECTION 3. This Act takes effect September 1, 2015.

* * * * *