| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to judicial review of protective orders and the duration |
|
|
of those orders. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 85.025, Family Code, is amended by |
|
|
amending Subsection (b) and adding Subsections (b-1), (b-2), and |
|
|
(b-3) to read as follows: |
|
|
(b) A person who is the subject of a protective order may |
|
|
file a motion not earlier than the first anniversary of the date on |
|
|
which the order was rendered requesting that the court review the |
|
|
protective order and determine whether there is a continuing need |
|
|
for the order. |
|
|
(b-1) Following the filing of a motion under Subsection (b), |
|
|
a [A] person who is the subject of a protective order issued under |
|
|
Subsection (a-1) that is effective for a period that exceeds two |
|
|
years may file not more than one [a] subsequent motion requesting |
|
|
that the court review the protective order and determine whether |
|
|
there is a continuing need for the order. The subsequent motion may |
|
|
not be filed earlier than the first anniversary of the date on which |
|
|
the court rendered an order on the [a] previous motion by the person |
|
|
[under this subsection]. |
|
|
(b-2) After a hearing on a [the] motion under Subsection (b) |
|
|
or (b-1), if the court does not make a finding that there is no |
|
|
continuing need for the protective order, the protective order |
|
|
remains in effect until the date the order expires under this |
|
|
section. Evidence of the movant's compliance with the protective |
|
|
order does not by itself support a finding by the court that there |
|
|
is no continuing need for the protective order. If the court finds |
|
|
there is no continuing need for the protective order, the court |
|
|
shall order that the protective order expires on a date set by the |
|
|
court. |
|
|
(b-3) Subsection (b) does not apply to a protective order |
|
|
issued under Chapter 7A, Code of Criminal Procedure. |
|
|
SECTION 2. Article 7A.07(c), Code of Criminal Procedure, is |
|
|
repealed. |
|
|
SECTION 3. The changes in law made by this Act apply only to |
|
|
a protective order issued on or after the effective date of this |
|
|
Act. A protective order issued before the effective date of this |
|
|
Act is governed by the law in effect on the date the order is issued, |
|
|
and the former law is continued in effect for that purpose. |
|
|
SECTION 4. This Act takes effect September 1, 2017. |