84R2302 JSC-F
 
  By: Moody H.B. No. 2653
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to protective orders for certain victims of sexual assault
  or abuse, stalking, or trafficking.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 7A.01(a), Code of Criminal Procedure, is
  amended to read as follows:
         (a)  The following persons may file an application for a
  protective order under this chapter without regard to the
  relationship between the applicant and the alleged offender:
               (1)  a person who is the victim of an offense under
  Section 21.02, 21.11, 22.011, 22.021, or 42.072, Penal Code;
               (2)  a person who is the victim of an offense under
  Section 20A.02, 20A.03, or 43.05, Penal Code;
               (3)  a parent or guardian acting on behalf of a person
  younger than 17 years of age who is the victim of an offense listed
  in Subdivision (1);
               (4)  a parent or guardian acting on behalf of a person
  younger than 18 years of age who is the victim of an offense listed
  in Subdivision (2); or
               (5)  a prosecuting attorney acting on behalf of a
  person described by Subdivision (1) or (2).
         SECTION 2.  The heading to Article 56.021, Code of Criminal
  Procedure, is amended to read as follows:
         Art. 56.021.  RIGHTS OF VICTIM OF SEXUAL ASSAULT OR ABUSE,
  STALKING, OR TRAFFICKING.
         SECTION 3.  Article 56.021, Code of Criminal Procedure, is
  amended by adding Subsection (d) to read as follows:
         (d)  This subsection applies only to a victim of an offense
  under Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.021, 42.072,
  or 43.05, Penal Code. In addition to the rights enumerated in
  Article 56.02 and, if applicable, Subsection (a) of this article, a
  victim described by this subsection or a parent or guardian of the
  victim is entitled to the following rights within the criminal
  justice system:
               (1)  the right to have the attorney representing the
  state, on request, file an application for a protective order under
  Article 7A.01 on behalf of the victim;
               (2)  the right to be informed:
                     (A)  that the victim or the victim's parent or
  guardian, as applicable, may file an application for a protective
  order under Article 7A.01;
                     (B)  of the court in which the application for a
  protective order may be filed; and
                     (C)  that the victim or victim's parent or
  guardian, as applicable, may request that the attorney representing
  the state file the application for a protective order;
               (3)  if the victim or victim's parent or guardian, as
  applicable, is present when the defendant is convicted or placed on
  deferred adjudication community supervision, the right to be given
  by the court the information described by Subdivision (2) and, if
  the court has jurisdiction over applications for protective orders
  that are filed under Article 7A.01, the right to file an application
  for a protective order immediately following the defendant's
  conviction or placement on deferred adjudication community
  supervision; and
               (4)  if the victim or victim's parent or guardian, as
  applicable, is not present when the defendant is convicted or
  placed on deferred adjudication community supervision, the right to
  be given by the attorney representing the state the information
  described by Subdivision (2).
         SECTION 4.  The change in law made by this Act applies to a
  victim of criminally injurious conduct for which a judgment of
  conviction is entered or a grant of deferred adjudication is made on
  or after the effective date of this Act, regardless of whether the
  criminally injurious conduct occurred before, on, or after the
  effective date of this Act.
         SECTION 5.  This Act takes effect September 1, 2015.