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AN ACT
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relating to protective orders for certain victims of sexual assault |
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or abuse, stalking, or trafficking. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 7A.01(a), Code of Criminal Procedure, is |
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amended to read as follows: |
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(a) The following persons may file an application for a |
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protective order under this chapter without regard to the |
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relationship between the applicant and the alleged offender: |
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(1) a person who is the victim of an offense under |
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Section 21.02, 21.11, 22.011, 22.021, or 42.072, Penal Code; |
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(2) a person who is the victim of an offense under |
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Section 20A.02, 20A.03, or 43.05, Penal Code; |
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(3) a parent or guardian acting on behalf of a person |
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younger than 17 years of age who is the victim of an offense listed |
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in Subdivision (1); |
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(4) a parent or guardian acting on behalf of a person |
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younger than 18 years of age who is the victim of an offense listed |
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in Subdivision (2); or |
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(5) a prosecuting attorney acting on behalf of a |
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person described by Subdivision (1), [or] (2), (3), or (4). |
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SECTION 2. The heading to Article 56.021, Code of Criminal |
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Procedure, is amended to read as follows: |
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Art. 56.021. RIGHTS OF VICTIM OF SEXUAL ASSAULT OR ABUSE, |
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STALKING, OR TRAFFICKING. |
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SECTION 3. Article 56.021, Code of Criminal Procedure, is |
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amended by adding Subsection (d) to read as follows: |
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(d) This subsection applies only to a victim of an offense |
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under Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.021, 42.072, |
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or 43.05, Penal Code. In addition to the rights enumerated in |
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Article 56.02 and, if applicable, Subsection (a) of this article, a |
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victim described by this subsection or a parent or guardian of the |
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victim is entitled to the following rights within the criminal |
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justice system: |
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(1) the right to request that the attorney |
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representing the state, subject to the Texas Disciplinary Rules of |
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Professional Conduct, file an application for a protective order |
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under Article 7A.01 on behalf of the victim; |
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(2) the right to be informed: |
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(A) that the victim or the victim's parent or |
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guardian, as applicable, may file an application for a protective |
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order under Article 7A.01; |
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(B) of the court in which the application for a |
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protective order may be filed; and |
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(C) that, on request of the victim or of the |
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victim's parent or guardian, as applicable, and subject to the |
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Texas Disciplinary Rules of Professional Conduct, the attorney |
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representing the state may file the application for a protective |
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order; |
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(3) if the victim or the victim's parent or guardian, |
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as applicable, is present when the defendant is convicted or placed |
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on deferred adjudication community supervision, the right to be |
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given by the court the information described by Subdivision (2) |
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and, if the court has jurisdiction over applications for protective |
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orders that are filed under Article 7A.01, the right to file an |
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application for a protective order immediately following the |
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defendant's conviction or placement on deferred adjudication |
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community supervision; and |
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(4) if the victim or the victim's parent or guardian, |
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as applicable, is not present when the defendant is convicted or |
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placed on deferred adjudication community supervision, the right to |
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be given by the attorney representing the state the information |
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described by Subdivision (2). |
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SECTION 4. The change in law made by this Act applies to a |
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victim of criminally injurious conduct for which a judgment of |
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conviction is entered or a grant of deferred adjudication is made on |
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or after the effective date of this Act, regardless of whether the |
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criminally injurious conduct occurred before, on, or after the |
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effective date of this Act. |
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SECTION 5. This Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 630 passed the Senate on |
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March 25, 2015, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 30, 2015, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 630 passed the House, with |
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amendment, on May 27, 2015, by the following vote: Yeas 144, |
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Nays 0, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |