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