|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to a standardized form and materials necessary for |
|
protective orders, magistrate's orders for emergency protection, |
|
and temporary ex parte orders. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Article 7A.01, Code of Criminal Procedure, is |
|
amended by adding Subsection (c) to read as follows: |
|
(c) A person filing an application under this article shall |
|
use the protective order application form created by the Office of |
|
Court Administration of the Texas Judicial System under Section |
|
72.033, Government Code, and that is available on the office's |
|
Internet website. |
|
SECTION 2. Article 7A.02, Code of Criminal Procedure, is |
|
amended to read as follows: |
|
Art. 7A.02. TEMPORARY EX PARTE ORDER. (a) If the court |
|
finds from the information contained in an application for a |
|
protective order that there is a clear and present danger of sexual |
|
assault or abuse, stalking, trafficking, or other harm to the |
|
applicant, the court, without further notice to the alleged |
|
offender and without a hearing, may enter a temporary ex parte order |
|
for the protection of the applicant or any other member of the |
|
applicant's family or household. |
|
(b) The court shall use the standardized temporary ex parte |
|
order form created by the Office of Court Administration of the |
|
Texas Judicial System under Section 72.033, Government Code, to |
|
enter a temporary ex parte order under this article. |
|
SECTION 3. Article 7A.03, Code of Criminal Procedure, is |
|
amended by adding Subsection (c) to read as follows: |
|
(c) The court shall use the standardized protective order |
|
form created by the Office of Court Administration of the Texas |
|
Judicial System under Section 72.033, Government Code, to enter a |
|
protective order under this article. |
|
SECTION 4. Article 17.292, Code of Criminal Procedure, is |
|
amended by adding Subsection (d-1) to read as follows: |
|
(d-1) The magistrate shall use the standardized order for |
|
emergency protection form created by the Office of Court |
|
Administration of the Texas Judicial System under Section 72.033, |
|
Government Code, to enter an order for emergency protection under |
|
this article. |
|
SECTION 5. Section 82.004, Family Code, is amended to read |
|
as follows: |
|
Sec. 82.004. CONTENTS OF APPLICATION. A person filing an |
|
application under this chapter shall use the protective order |
|
application form created by the Office of Court Administration of |
|
the Texas Judicial System under Section 72.033, Government Code, |
|
and that is available on the office's Internet website, and shall |
|
include in the application [An application must state]: |
|
(1) the name and county of residence of each |
|
applicant; |
|
(2) the name and county of residence of each |
|
individual alleged to have committed family violence; |
|
(3) the relationships between the applicants and the |
|
individual alleged to have committed family violence; |
|
(4) a request for one or more protective orders; and |
|
(5) whether an applicant is receiving services from |
|
the Title IV-D agency in connection with a child support case and, |
|
if known, the agency case number for each open case. |
|
SECTION 6. Chapter 83, Family Code, is amended by adding |
|
Section 83.007 to read as follows: |
|
Sec. 83.007. STANDARD TEMPORARY EX PARTE ORDER FORM. The |
|
court shall use the standardized temporary ex parte order form |
|
created by the Office of Court Administration of the Texas Judicial |
|
System under Section 72.033, Government Code, to enter a temporary |
|
ex parte order under this chapter. |
|
SECTION 7. Subchapter B, Chapter 85, Family Code, is |
|
amended by adding Section 85.0225 to read as follows: |
|
Sec. 85.0225. STANDARD PROTECTIVE ORDER FORM. The court |
|
shall use the standardized protective order form created by the |
|
Office of Court Administration of the Texas Judicial System under |
|
Section 72.033, Government Code, to enter a protective order under |
|
this chapter. |
|
SECTION 8. Subchapter C, Chapter 72, Government Code, is |
|
amended by adding Section 72.033 to read as follows: |
|
Sec. 72.033. PROTECTIVE ORDER APPLICATIONS, FORMS, AND |
|
MATERIALS. (a) The office shall develop and make available on the |
|
office's Internet website standardized forms and other materials |
|
necessary to apply for, enter, deny, revise, rescind, serve, and |
|
enforce: |
|
(1) a protective order under Title 4, Family Code, and |
|
Article 7A.01, Code of Criminal Procedure; |
|
(2) a magistrate's order for emergency protection |
|
under Article 17.292, Code of Criminal Procedure; and |
|
(3) a temporary ex parte order under Chapter 83, |
|
Family Code, and Article 7A.02, Code of Criminal Procedure. |
|
(b) Each standardized form developed under Subsection (a) |
|
to be used by a magistrate or court issuing an order must include: |
|
(1) the prohibitions and requirements imposed on the |
|
respondent; |
|
(2) the duration of the order; |
|
(3) the potential consequences of violating the order; |
|
and |
|
(4) any other admonishments or warnings required by |
|
law. |
|
(c) The materials developed under Subsection (a) must |
|
include: |
|
(1) a procedure to allow the magistrate or court to |
|
discover the respondent's access to a firearm and a plan the |
|
respondent is required to follow in relinquishing any licenses or |
|
firearms; and |
|
(2) a procedure to ensure that a copy of the order is |
|
transmitted to all required parties and all relevant information is |
|
entered into the statewide law enforcement information system |
|
maintained by the Department of Public Safety under Section 411.042 |
|
and any other applicable databases. |
|
(d) In developing the required applications, forms, and |
|
materials, the office shall: |
|
(1) consult with individuals and organizations with |
|
knowledge and experience in the issues of protective orders, |
|
including the Texas Council on Family Violence; and |
|
(2) give consideration to promoting uniformity of law |
|
among the states that enact the Uniform Interstate Enforcement of |
|
Domestic Violence Protection Orders Act. |
|
SECTION 9. As soon as practicable after the effective date |
|
of this Act, but no later than June 1, 2020, the Office of Court |
|
Administration of the Texas Judicial System shall create and make |
|
available on the office's Internet website all forms and materials |
|
required by Section 72.033, Government Code, as added by this Act. |
|
If the office completes the forms and materials required by Section |
|
72.033, Government Code, as added by this Act, before June 1, 2020, |
|
the office shall notify each court clerk, judge, magistrate, and |
|
prosecution agency in the state of the availability of the forms and |
|
materials. |
|
SECTION 10. Article 7A.01, Code of Criminal Procedure, and |
|
Section 82.004, Family Code, as amended by this Act, apply only to |
|
an application for a protective order that is filed on or after June |
|
1, 2020. An application for a protective order filed before June 1, |
|
2020, is governed by the law in effect on the date the application |
|
is filed, and the former law is continued in effect for that |
|
purpose. |
|
SECTION 11. Articles 7A.02, 7A.03, and 17.292, Code of |
|
Criminal Procedure, as amended by this Act, and Sections 83.007 and |
|
85.0225, Family Code, as added by this Act, apply only to a |
|
protective order, magistrate's order for emergency protection, or |
|
temporary ex parte order that is entered on or after June 1, 2020. |
|
An order entered before June 1, 2020, is governed by the law in |
|
effect on the date the order is entered, and the former law is |
|
continued in effect for that purpose. |
|
SECTION 12. This Act takes effect immediately if it |
|
receives a vote of two-thirds of all the members elected to each |
|
house, as provided by Section 39, Article III, Texas Constitution. |
|
If this Act does not receive the vote necessary for immediate |
|
effect, this Act takes effect September 1, 2019. |