By: Landgraf H.B. No. 2315
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to establishing a protective order registry and the duties
  of courts in regard to the registry.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 72, Government Code, is amended by
  adding Subchapter G to read as follows:
  SUBCHAPTER G.  PROTECTIVE ORDER REGISTRY
         Sec. 72.201.  DEFINITIONS. In this subchapter:
               (1)  "Authorized user" means a person to whom the
  office has given permission and the means to submit, modify, or
  remove records in the registry.  The term does not include members
  of the public who may only request and view through the registry's
  Internet website certain information regarding protective orders
  entered into the registry.
               (2)  "Peace officer" has the meaning assigned by
  Article 2.12, Code of Criminal Procedure.
               (3)  "Protective order" means an injunction or other
  order issued by a court in this state to prevent an individual from
  engaging in violent or threatening acts against, harassing,
  contacting or communicating with, or being in physical proximity to
  another individual.  The term includes a magistrate's order for
  emergency protection issued under Article 17.292, Code of Criminal
  Procedure.
               (4)  "Protective order registry" or "registry" means
  the protective order registry established under Section 72.203.
               (5)  "Race or ethnicity" means of a particular descent,
  including Caucasian, African, Hispanic, Asian, or Native American
  descent.
         Sec. 72.202.  APPLICABILITY. This subchapter applies only
  to:
               (1)  an application for a protective order filed under
  Chapter 82, Family Code, or Article 17.292, Code of Criminal
  Procedure; and
               (2)  a protective order issued under Chapter 83 or 85,
  Family Code, or Article 17.292, Code of Criminal Procedure.
         Sec. 72.203.  PROTECTIVE ORDER REGISTRY. (a)  In
  consultation with the Department of Public Safety and the courts of
  this state, the office shall establish and maintain a central,
  computerized, and Internet-based registry for applications for
  protective orders filed in this state and protective orders issued
  in this state.
         (b)  The office shall establish and maintain the registry in
  a manner that allows municipal and county case management systems
  to easily interface with the registry.
         Sec. 72.204.  PUBLIC ACCESS TO PROTECTIVE ORDER REGISTRY.
  (a)  The office shall establish and maintain the registry in a
  manner that allows any person, free of charge, to electronically
  search for and receive publicly accessible information contained in
  the registry regarding each protective order issued in this state
  that has not yet expired or been vacated.  The registry must be
  searchable by county and name and birth year of the person who is
  the subject of the protective order.
         (b)  Publicly accessible information must consist of the
  following:
               (1)  the court that issued the protective order;
               (2)  the case number;
               (3)  the full name, county of residence, birth year,
  and race or ethnicity of the person who is the subject of the
  protective order;
               (4)  the dates the protective order was issued and
  served;
               (5)  the date the protective order was vacated, if
  applicable; and
               (6)  the date the protective order expires.
         (c)  A member of the public may only access the information
  in the registry described by Subsection (b).
         Sec. 72.205.  RESTRICTED ACCESS TO PROTECTIVE ORDER
  REGISTRY.  (a)  The registry must include a copy of each application
  for a protective order filed in this state and a copy of each
  protective order issued in this state, including a vacated or
  expired order. Only an authorized user, district attorney,
  criminal district attorney, county attorney, or peace officer may
  access that information under the registry.
         (b)  The office shall ensure that a district attorney,
  criminal district attorney, county attorney, city attorney, or
  peace officer is able to search for and receive a copy of a filed
  application for a protective order or a copy of an issued protective
  order through the registry's Internet website.
         Sec. 72.206.  ENTRY OF APPLICATIONS. (a)  Except as provided
  by Subsection (c), as soon as possible but not later than 12 hours
  after the time an application for a protective order is filed, the
  court shall enter a copy of the application into the registry.
         (b)  The court shall ensure that a member of the public is not
  able to view through the registry's Internet website the
  application or any information related to the application entered
  into the registry under Subsection (a).
         (c)  A court may delay entering information under Subsection
  (a) into the registry only to the extent that the court lacks the
  specific information required to be entered.
         Sec. 72.207.  ENTRY OF ORDERS.  (a)  Except as provided by
  Subsection (c) and Section 72.208, as soon as possible but not later
  than 12 hours after the time a magistrate issues an original or
  modified protective order or extends the duration of a protective
  order, the magistrate shall enter into the registry:
               (1)  a copy of the order and, if applicable, a notation
  regarding any modification or extension of the order; and
               (2)  the information required under Section 72.204(b).
         (b)  
  For a protective order that is vacated or that has
  expired, the applicable court shall modify the record of the order
  in the registry:
               (1)  to reflect the order's status as vacated or
  expired; and
               (2)  to remove the ability of a member of the public to
  view through the registry's Internet website information about the
  record as described by Section 72.204(b).
         (c)  A court may delay entering information under Subsection
  (a) into the registry only to the extent that the court lacks the
  specific information required to be entered.
         Sec. 72.208.  REQUEST FOR REMOVAL OF INFORMATION FROM PUBLIC
  VIEW. On request by a person protected by an order or member of the
  family or household of a person protected by an order, other than
  the person who is the subject of the protective order, the
  magistrate shall remove the ability of a member of the public to
  view through the registry's Internet website information about the
  record as described by Section 72.204(b).  The magistrate may not
  restrict access to or remove information from the registry so that
  an authorized user, district attorney, criminal district attorney,
  county attorney, or peace officer is unable to search for and
  receive a copy of the order or information about the order.
         Sec. 72.209.  APPLICABLE ORDERS.  An order issued by a
  magistrate under Article 17.292, Code of Criminal Procedure is
  subject to this subchapter.
         Sec. 72.210.  USE OF STAFF.  A magistrate may use any
  available staff and resources to carry out the magistrate's duties
  under this subchapter.
         SECTION 2.  (a)  Except as provided by Subsection (b) of this
  section, not later than January 1, 2018, the Office of Court
  Administration of the Texas Judicial System shall establish the
  protective order registry required by Section 72.203, Government
  Code, as added by this Act.
         (b)  The Office of Court Administration of the Texas Judicial
  System may delay establishing the protective order registry
  described by Subsection (a) of this section for a period not to
  exceed 90 days if the delay is authorized by resolution of the Texas
  Judicial Council.
         (c)  Not later than January 1, 2018, the Office of Court
  Administration of the Texas Judicial System shall establish and
  supervise a training program for magistrates, court staff, and
  peace officers on use of the protective order registry described by
  Subsection (a) of this section. The training program must:
               (1)  emphasize the magistrate's duties in regards to
  the registry; and
               (2)  make all materials for use in the training program
  available to magistrates, court staff, and peace officers.
         SECTION 3.  Subchapter G, Chapter 72, Government Code, as
  added by this Act, applies only to an application for a protective
  order filed or a protective order issued on or after January 1,
  2018.
         SECTION 4.  This Act takes effect September 1, 2017.