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A BILL TO BE ENTITLED
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AN ACT
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relating to establishing a protective order registry and the duties |
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of courts in regard to the registry. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 72, Government Code, is amended by |
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adding Subchapter F to read as follows: |
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SUBCHAPTER F. PROTECTIVE ORDER REGISTRY |
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Sec. 72.151. DEFINITIONS. In this subchapter: |
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(1) "Authorized user" means a person to whom the |
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office has given permission and the means to submit, modify, or |
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remove records in the registry. The term does not include members |
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of the public who may only request and view through the registry's |
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Internet website certain information regarding protective orders |
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entered into the registry. |
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(2) "Peace officer" has the meaning assigned by |
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Article 2.12, Code of Criminal Procedure. |
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(3) "Protective order" means an injunction or other |
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order issued by a court in this state to prevent an individual from |
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engaging in violent or threatening acts against, harassing, |
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contacting or communicating with, or being in physical proximity to |
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another individual. The term includes a magistrate's order for |
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emergency protection issued under Article 17.292, Code of Criminal |
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Procedure. |
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(4) "Protective order registry" or "registry" means |
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the protective order registry established under Section 72.153. |
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(5) "Race or ethnicity" means a particular descent, |
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including Caucasian, African, Hispanic, Asian, or Native American |
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descent. |
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Sec. 72.152. APPLICABILITY. This subchapter applies only |
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to: |
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(1) an application for a protective order filed under |
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Chapter 82, Family Code, or Article 17.292, Code of Criminal |
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Procedure; and |
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(2) a protective order issued under Chapter 83 or 85, |
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Family Code, or Article 17.292, Code of Criminal Procedure. |
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Sec. 72.153. PROTECTIVE ORDER REGISTRY. (a) In |
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consultation with the Department of Public Safety and the courts of |
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this state, the office shall establish and maintain a central, |
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computerized, and Internet-based registry for applications for |
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protective orders filed in this state and protective orders issued |
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in this state. |
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(b) The office shall establish and maintain the registry in |
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a manner that allows municipal and county case management systems |
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to easily interface with the registry. |
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Sec. 72.154. PUBLIC ACCESS TO PROTECTIVE ORDER REGISTRY. |
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(a) The office shall establish and maintain the registry in a |
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manner that allows any person, free of charge, to electronically |
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search for and receive publicly accessible information contained in |
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the registry regarding each protective order issued in this state. |
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The registry must be searchable by: |
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(1) the county of issuance; |
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(2) the name of a person who is the subject of the |
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protective order; and |
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(3) the birth year of a person who is the subject of |
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the protective order. |
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(b) Publicly accessible information regarding each |
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protective order must consist of the following: |
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(1) the court that issued the protective order; |
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(2) the case number; |
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(3) the full name, county of residence, birth year, |
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and race or ethnicity of the person who is the subject of the |
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protective order; |
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(4) the dates the protective order was issued and |
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served; |
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(5) the date the protective order was vacated, if |
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applicable; and |
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(6) the date the protective order expired or will |
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expire, as applicable. |
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(c) A member of the public may only access the information |
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in the registry described by Subsection (b). |
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Sec. 72.155. RESTRICTED ACCESS TO PROTECTIVE ORDER |
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REGISTRY. (a) The registry must include a copy of each application |
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for a protective order filed in this state and a copy of each |
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protective order issued in this state, including a vacated or |
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expired order. Only an authorized user, district attorney, |
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criminal district attorney, county attorney, municipal attorney, |
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or peace officer may access that information under the registry. |
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(b) The office shall ensure that a district attorney, |
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criminal district attorney, county attorney, municipal attorney, |
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or peace officer is able to search for and receive a copy of a filed |
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application for a protective order or a copy of an issued protective |
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order through the registry's Internet website. |
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Sec. 72.156. ENTRY OF APPLICATIONS. (a) Except as provided |
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by Subsection (b), as soon as possible but not later than 12 hours |
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after the time an application for a protective order is filed, the |
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court shall enter a copy of the application into the registry. |
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(b) A court may delay entering information under Subsection |
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(a) into the registry only to the extent that the court lacks the |
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specific information required to be entered. |
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(c) The office shall ensure that a member of the public is |
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not able to view through the registry's Internet website the |
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application or any information related to the application entered |
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into the registry under Subsection (a). |
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Sec. 72.157. ENTRY OF ORDERS. (a) Except as provided by |
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Subsection (c) and Section 72.158, as soon as possible but not later |
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than 12 hours after the time a court issues an original or modified |
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protective order or extends the duration of a protective order, the |
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court shall enter into the registry: |
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(1) a copy of the order and, if applicable, a notation |
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regarding any modification or extension of the order; and |
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(2) the information required under Section 72.154(b). |
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(b) For a protective order that is vacated or that has |
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expired, the applicable court shall modify the record of the order |
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in the registry to reflect the order's status as vacated or expired. |
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(c) A court may delay entering information under Subsection |
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(a) into the registry only to the extent that the court lacks the |
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specific information required to be entered. |
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Sec. 72.158. REQUEST FOR REMOVAL OF PUBLIC ACCESS. (a) A |
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person protected by an order or member of the family or household of |
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a person protected by an order, other than the person who is the |
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subject of the order, may request the office to remove the ability |
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of a member of the public to view through the registry's Internet |
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website information about the record as described by Section |
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72.154(b). |
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(b) The office shall ensure that: |
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(1) the public access to the information is removed as |
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soon as practicable after a request is made; and |
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(2) after public access is removed, an authorized |
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user, district attorney, criminal district attorney, county |
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attorney, municipal attorney, or peace officer remains able to |
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search for and receive a copy of the order or information about the |
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order. |
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(c) The office may prescribe a form for use by a person |
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requesting the removal of public access to information under |
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Subsection (a). |
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Sec. 72.159. USE OF STAFF. A court may use any available |
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staff and resources to carry out the court's duties under this |
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subchapter. |
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SECTION 2. (a) Except as provided by Subsection (b) of this |
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section, not later than June 1, 2020, the Office of Court |
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Administration of the Texas Judicial System shall establish the |
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protective order registry required by Section 72.153, Government |
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Code, as added by this Act. |
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(b) The Office of Court Administration of the Texas Judicial |
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System may delay establishing the protective order registry |
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described by Subsection (a) of this section for a period not to |
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exceed 90 days if the delay is authorized by resolution of the Texas |
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Judicial Council. |
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(c) Not later than June 1, 2020, the Office of Court |
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Administration of the Texas Judicial System shall establish and |
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supervise a training program for magistrates, court staff, and |
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peace officers on the use of the protective order registry |
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described by Subsection (a) of this section. The training program |
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must make all materials for use in the training program available to |
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magistrates, court staff, and peace officers. |
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SECTION 3. Notwithstanding Section 2 of this Act, the |
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Office of Court Administration of the Texas Judicial System may not |
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allow a member of the public to view before September 1, 2020, |
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publicly accessible information described by Section 72.154(b), |
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Government Code, as added by this Act, through the Internet website |
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of the protective order registry established under Subchapter F, |
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Chapter 72, Government Code, as added by this Act. |
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SECTION 4. Subchapter F, Chapter 72, Government Code, as |
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added by this Act, applies only to an application for a protective |
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order filed or a protective order issued on or after September 1, |
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2020. |
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SECTION 5. This Act takes effect September 1, 2019. |