By: Rodríguez S.B. No. 737
 
  (Moody)
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain protective orders and magistrate's orders for
  emergency protection.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 17.292, Code of Criminal Procedure, is
  amended by amending Subsections (a), (c), (g), (h), and (k) and
  adding Subsections (h-1), (i-1), and (k-1) to read as follows:
         (a)  At a defendant's appearance before a magistrate after
  arrest for an offense involving family violence or an offense under
  Section 20A.02, 20A.03, 22.011, 22.021, or 42.072, Penal Code, the
  magistrate may issue an order for emergency protection on the
  magistrate's own motion or on the request of:
               (1)  the victim of the offense;
               (2)  the guardian of the victim;
               (3)  a peace officer; or
               (4)  the attorney representing the state.
         (c) The magistrate in the order for emergency protection may
  prohibit the arrested party from:
               (1)  committing:
                     (A)  family violence or an assault on the person
  protected under the order; or
                     (B)  an act in furtherance of an offense under
  Section 20A.02 or 42.072, Penal Code;
               (2)  communicating:
                     (A)  directly with a member of the family or
  household or with the person protected under the order in a
  threatening or harassing manner; or
                     (B)  a threat through any person to a member of the
  family or household or to the person protected under the order;
               (3)  going to or near:
                     (A)  the residence, place of employment, or
  business of a member of the family or household or of the person
  protected under the order; or
                     (B)  the residence, child care facility, or school
  where a child protected under the order resides or attends; or
               (4)  possessing a firearm, unless the person is a peace
  officer, as defined by Section 1.07, Penal Code, actively engaged
  in employment as a sworn, full-time paid employee of a state agency
  or political subdivision.
         (g)  An order for emergency protection issued under this
  article must contain the following statements printed in bold-face
  type or in capital letters:
         "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
  BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY
  CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR OR BY BOTH.  AN ACT THAT
  RESULTS IN FAMILY VIOLENCE OR A STALKING OR TRAFFICKING OFFENSE MAY
  BE PROSECUTED AS A SEPARATE MISDEMEANOR OR FELONY OFFENSE, AS
  APPLICABLE. IF THE ACT IS PROSECUTED AS A SEPARATE FELONY OFFENSE,
  IT IS PUNISHABLE BY CONFINEMENT IN PRISON FOR AT LEAST TWO YEARS.
  THE POSSESSION OF A FIREARM BY A PERSON, OTHER THAN A PEACE OFFICER,
  AS DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN
  EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR
  POLITICAL SUBDIVISION, WHO IS SUBJECT TO THIS ORDER MAY BE
  PROSECUTED AS A SEPARATE OFFENSE PUNISHABLE BY CONFINEMENT OR
  IMPRISONMENT.
         "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
  ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
  PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
  VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
  UNLESS A COURT CHANGES THE ORDER."
         (h)  As soon as possible but not later than the next business
  day after the date the [The] magistrate issues [issuing] an order
  for emergency protection under this article, the magistrate shall
  send a copy of the order to the chief of police in the municipality
  where the member of the family or household or individual protected
  by the order resides, if the person resides in a municipality, or to
  the sheriff of the county where the person resides, if the person
  does not reside in a municipality.  If the victim of the offense is
  not present when the order is issued, the magistrate issuing the
  order shall order an appropriate peace officer to make a good faith
  effort to notify, within 24 hours, the victim that the order has
  been issued by calling the victim's residence and place of
  employment. The clerk of the court shall send a copy of the order to
  the victim at the victim's last known address as soon as possible
  but not later than the next business day after the date the order is
  issued.
         (h-1)  A magistrate or clerk of the court may delay sending a
  copy of the order under Subsection (h) only if the magistrate or
  clerk lacks information necessary to ensure service and
  enforcement.
         (i-1)  The copy of the order and any related information may
  be sent under Subsection (h) or (i) electronically or in another
  manner that can be accessed by the recipient.
         (k)  To ensure that an officer responding to a call is aware
  of the existence and terms of an order for emergency protection
  issued under this article, not later than the third business day
  after the date of receipt of the copy of the order by the applicable
  law enforcement agency with jurisdiction over the municipality or
  county in which the victim resides, the law enforcement agency
  shall enter the information required under Section 411.042(b)(6),
  Government Code, into the statewide law enforcement information
  system maintained by the Department of Public Safety [each
  municipal police department and sheriff shall establish a procedure
  within the department or office to provide adequate information or
  access to information for peace officers of the names of persons
  protected by an order for emergency protection issued under this
  article and of persons to whom the order is directed. The police
  department or sheriff may enter an order for emergency protection
  issued under this article in the department's or office's record of
  outstanding warrants as notice that the order has been issued and is
  in effect].
         (k-1)  A law enforcement agency may delay entering the
  information required under Subsection (k) only if the agency lacks
  information necessary to ensure service and enforcement.
         SECTION 2.  Article 17.292(m), Code of Criminal Procedure,
  is amended by adding Subdivision (3) to read as follows:
               (3)  "Business day" means a day other than a Saturday,
  Sunday, or state or national holiday.
         SECTION 3.  Section 85.042, Family Code, is amended by
  amending Subsections (a) and (d) and adding Subsections (f), (g),
  and (h) to read as follows:
         (a)  Not later than the next business day after the date [The
  clerk of] the court issues [issuing] an original or modified
  protective order under this subtitle, the clerk of the court shall
  send a copy of the order, along with the information provided by the
  applicant or the applicant's attorney that is required under
  Section 411.042(b)(6), Government Code, to:
               (1)  the chief of police of the municipality in which
  the person protected by the order resides, if the person resides in
  a municipality;
               (2)  the appropriate constable and the sheriff of the
  county in which the person resides, if the person does not reside in
  a municipality; and
               (3)  the Title IV-D agency, if the application for the
  protective order indicates that the applicant is receiving services
  from the Title IV-D agency.
         (d)  The applicant or the applicant's attorney shall provide
  to the clerk of the court:
               (1)  the name and address of each law enforcement
  agency, child-care facility, school, and other individual or entity
  to which the clerk is required to send [mail] a copy of the order
  under this section; and
               (2)  any other information required under Section
  411.042(b)(6), Government Code.
         (f)  A clerk of the court may transmit the order and any
  related information electronically or in another manner that can be
  accessed by the recipient.
         (g)  A clerk of the court may delay sending a copy of the
  order under Subsection (a) only if the clerk lacks information
  necessary to ensure service and enforcement.
         (h)  In this section, "business day" means a day other than a
  Saturday, Sunday, or state or national holiday.
         SECTION 4.  Section 86.0011, Family Code, is amended to read
  as follows:
         Sec. 86.0011.  DUTY TO ENTER INFORMATION INTO STATEWIDE LAW
  ENFORCEMENT INFORMATION SYSTEM. (a)  On receipt of an original or
  modified protective order from the clerk of the issuing court, a law
  enforcement agency shall immediately, but not later than the third
  business [10th] day after the date the order is received, enter the
  information required by Section 411.042(b)(6), Government Code,
  into the statewide law enforcement information system maintained by
  the Department of Public Safety.
         (b)  In this section, "business day" means a day other than a
  Saturday, Sunday, or state or national holiday.
         SECTION 5.  Section 411.042(b), Government Code, is amended
  to read as follows:
         (b)  The bureau of identification and records shall:
               (1)  procure and file for record photographs, pictures,
  descriptions, fingerprints, measurements, and other pertinent
  information of all persons arrested for or charged with a criminal
  offense or convicted of a criminal offense, regardless of whether
  the conviction is probated;
               (2)  collect information concerning the number and
  nature of offenses reported or known to have been committed in the
  state and the legal steps taken in connection with the offenses, and
  other information useful in the study of crime and the
  administration of justice, including information that enables the
  bureau to create a statistical breakdown of:
                     (A)  offenses in which family violence was
  involved;
                     (B)  offenses under Sections 22.011 and 22.021,
  Penal Code; and
                     (C)  offenses under Sections 20A.02 and 43.05,
  Penal Code;
               (3)  make ballistic tests of bullets and firearms and
  chemical analyses of bloodstains, cloth, materials, and other
  substances for law enforcement officers of the state;
               (4)  cooperate with identification and crime records
  bureaus in other states and the United States Department of
  Justice;
               (5)  maintain a list of all previous background checks
  for applicants for any position regulated under Chapter 1702,
  Occupations Code, who have undergone a criminal history background
  check under Section 411.119, if the check indicates a Class B
  misdemeanor or equivalent offense or a greater offense;
               (6)  collect information concerning the number and
  nature of protective orders and magistrate's orders of emergency
  protection and all other pertinent information about all persons
  subject to [on] active [protective] orders, including pertinent
  information about persons subject to conditions of bond imposed for
  the protection of the victim in any family violence, sexual assault
  or abuse, or stalking case.  Information in the law enforcement
  information system relating to an active [protective] order shall
  include:
                     (A)  the name, sex, race, date of birth, personal
  descriptors, address, and county of residence of the person to whom
  the order is directed;
                     (B)  any known identifying number of the person to
  whom the order is directed, including the person's social security
  number or driver's license number;
                     (C)  the name and county of residence of the
  person protected by the order;
                     (D)  the residence address and place of employment
  or business of the person protected by the order, unless that
  information is excluded from the order under Section 85.007, Family
  Code, or Article 17.292(e), Code of Criminal Procedure;
                     (E)  the child-care facility or school where a
  child protected by the order normally resides or which the child
  normally attends, unless that information is excluded from the
  order under Section 85.007, Family Code, or Article 17.292(e), Code
  of Criminal Procedure;
                     (F)  the relationship or former relationship
  between the person who is protected by the order and the person to
  whom the order is directed;
                     (G)  the conditions of bond imposed on the person
  to whom the order is directed, if any, for the protection of a
  victim in any family violence, sexual assault or abuse, or stalking
  case; [and]
                     (H)  any minimum distance the person subject to
  the order is required to maintain from the protected places or
  persons; and
                     (I)  the date the order expires;
               (7)  grant access to criminal history record
  information in the manner authorized under Subchapter F;
               (8)  collect and disseminate information regarding
  offenders with mental impairments in compliance with Chapter 614,
  Health and Safety Code; and
               (9)  record data and maintain a state database for a
  computerized criminal history record system and computerized
  juvenile justice information system that serves:
                     (A)  as the record creation point for criminal
  history record information and juvenile justice information
  maintained by the state; and
                     (B)  as the control terminal for the entry of
  records, in accordance with federal law and regulations, federal
  executive orders, and federal policy, into the federal database
  maintained by the Federal Bureau of Investigation.
         SECTION 6.  The changes in law made by this Act apply to a
  protective order or magistrate's order of emergency protection
  issued on or after the effective date of this Act, regardless of
  whether the conduct on which the order is based occurred before, on,
  or after that date.
         SECTION 7.  This Act takes effect September 1, 2015.