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A BILL TO BE ENTITLED
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AN ACT
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relating to the notice provided by peace officers to adult victims |
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of family violence. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 5.04(c), Code of Criminal Procedure, is |
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amended to read as follows: |
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(c) A written notice required by Subsection (b) of this |
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article is sufficient if it is in substantially the following form |
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with the required information in English and in Spanish inserted in |
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the notice: |
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"It is a crime for any person to cause you any physical injury |
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or harm EVEN IF THAT PERSON IS A MEMBER OR FORMER MEMBER OF YOUR |
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FAMILY OR HOUSEHOLD. |
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"NOTICE TO ADULT VICTIMS OF FAMILY VIOLENCE |
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"Please tell the investigating peace officer: |
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"IF you, your child, or any other household resident has been |
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injured; or |
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"IF you feel you are going to be in danger when the officer |
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leaves or later. |
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"You have the right to: |
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"ASK the local prosecutor to file a criminal complaint |
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against the person committing family violence; and |
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"APPLY to a court for an order to protect you (you should |
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consult a legal aid office, a prosecuting attorney, or a private |
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attorney). If a family or household member assaults you and is |
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arrested, you may request that a magistrate's order for emergency |
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protection be issued. Please inform the investigating officer if |
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you want an order for emergency protection. You need not be present |
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when the order is issued. You cannot be charged a fee by a court in |
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connection with filing, serving, or entering a protective order. |
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For example, the court can enter an order that: |
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"(1) the abuser not commit further acts of violence; |
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"(2) the abuser not threaten, harass, or contact you at |
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home; |
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"(3) directs the abuser to leave your household; and |
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"(4) establishes temporary custody of the children and |
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directs the abuser not to interfere with the children or any |
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property. |
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"A VIOLATION OF CERTAIN PROVISIONS OF COURT-ORDERED |
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PROTECTION (such as (1) and (2) above) MAY BE A FELONY. |
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"If the family violence was committed by a household |
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resident, you may TERMINATE YOUR LEASE EARLY and vacate your |
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dwelling before the end of your lease term. You will avoid |
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liability for future rent and any other future sums that would have |
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been due under the lease if you first provide certain documents or |
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court orders to your landlord. |
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"If you are unable to RETRIEVE IMPORTANT ITEMS OF PERSONAL |
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PROPERTY from your residence or former residence because an |
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occupant has denied you access or the occupant is a danger to you, |
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you may apply to a justice court for a writ authorizing you to enter |
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the residence accompanied by a peace officer to retrieve those |
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items. |
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"You should consult a legal aid office, a prosecuting |
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attorney, or a private attorney if you need help obtaining the |
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proper document or court order to terminate a lease or to enter a |
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residence to get your important personal property. |
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"CALL THE FOLLOWING VIOLENCE SHELTERS OR SOCIAL |
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ORGANIZATIONS IF YOU NEED PROTECTION: |
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"____________________________ |
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"____________________________." |
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SECTION 2. This Act takes effect September 1, 2021. |