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A BILL TO BE ENTITLED
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AN ACT
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relating to certain requirements of protective orders and |
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conditions of release on bond and to the criminal penalties for |
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violating those requirements and conditions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 7B.005(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) In a protective order issued under this subchapter, the |
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court may: |
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(1) order the alleged offender to take action as |
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specified by the court that the court determines is necessary or |
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appropriate to prevent or reduce the likelihood of future harm to |
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the applicant or a member of the applicant's family or household; or |
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(2) prohibit the alleged offender from: |
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(A) communicating: |
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(i) directly or indirectly with the |
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applicant or any member of the applicant's family or household in a |
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threatening or harassing manner; or |
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(ii) in any manner with the applicant or any |
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member of the applicant's family or household except through the |
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applicant's attorney or a person appointed by the court, if the |
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court finds good cause for the prohibition; |
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(B) going to or near the residence, place of |
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employment or business, or child-care facility or school of the |
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applicant or any member of the applicant's family or household; |
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(C) engaging in conduct directed specifically |
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toward the applicant or any member of the applicant's family or |
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household, including following the person, that is reasonably |
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likely to harass, annoy, alarm, abuse, torment, or embarrass the |
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person; [and] |
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(D) possessing a firearm, unless the alleged |
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offender is a peace officer, as defined by Section 1.07, Penal Code, |
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actively engaged in employment as a sworn, full-time paid employee |
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of a state agency or political subdivision; and |
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(E) remotely controlling an electronic device |
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affecting the residence, vehicle, or property of: |
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(i) an applicant; or |
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(ii) a member of the applicant's family or |
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household. |
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SECTION 2. Article 17.292(c), Code of Criminal Procedure, |
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is amended to read as follows: |
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(c) The magistrate in the order for emergency protection may |
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prohibit the arrested party from: |
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(1) committing: |
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(A) family violence or an assault on the person |
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protected under the order; or |
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(B) an act in furtherance of an offense under |
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Section 20A.02 or 42.072, Penal Code; |
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(2) communicating: |
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(A) directly with a member of the family or |
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household or with the person protected under the order in a |
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threatening or harassing manner; |
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(B) a threat through any person to a member of the |
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family or household or to the person protected under the order; or |
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(C) if the magistrate finds good cause, in any |
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manner with a person protected under the order or a member of the |
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family or household of a person protected under the order, except |
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through the party's attorney or a person appointed by the court; |
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(3) going to or near: |
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(A) the residence, place of employment, or |
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business of a member of the family or household or of the person |
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protected under the order; or |
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(B) the residence, child care facility, or school |
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where a child protected under the order resides or attends; [or] |
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(4) possessing a firearm, unless the person is a peace |
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officer, as defined by Section 1.07, Penal Code, actively engaged |
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in employment as a sworn, full-time paid employee of a state agency |
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or political subdivision; or |
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(5) remotely controlling an electronic device |
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affecting the residence, vehicle, or property of: |
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(A) a person protected under the order; or |
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(B) a member of the family or household of a |
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person protected under the order. |
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SECTION 3. Article 17.49(b), Code of Criminal Procedure, is |
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amended to read as follows: |
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(b) A magistrate may require as a condition of release on |
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bond that a defendant charged with an offense involving family |
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violence: |
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(1) refrain from going to or near a residence, school, |
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place of employment, or other location, as specifically described |
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in the bond, frequented by an alleged victim of the offense; |
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(2) carry or wear a global positioning monitoring |
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system device and, except as provided by Subsection (h), pay a |
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reimbursement fee for the costs associated with operating that |
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system in relation to the defendant; [or] |
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(3) except as provided by Subsection (h), if the |
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alleged victim of the offense consents after receiving the |
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information described by Subsection (d), pay a reimbursement fee |
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for the costs associated with providing the victim with an |
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electronic receptor device that: |
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(A) is capable of receiving the global |
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positioning monitoring system information from the device carried |
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or worn by the defendant; and |
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(B) notifies the victim if the defendant is at or |
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near a location that the defendant has been ordered to refrain from |
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going to or near under Subdivision (1); or |
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(4) refrain from remotely controlling an electronic |
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device affecting the residence, vehicle, or property of an alleged |
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victim of the offense. |
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SECTION 4. Section 85.021, Family Code, is amended to read |
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as follows: |
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Sec. 85.021. REQUIREMENTS OF ORDER APPLYING TO ANY PARTY. |
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In a protective order, the court may: |
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(1) prohibit a party from: |
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(A) removing a child who is a member of the family |
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or household from: |
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(i) the possession of a person named in the |
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order; or |
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(ii) the jurisdiction of the court; |
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(B) transferring, encumbering, or otherwise |
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disposing of property, other than in the ordinary course of |
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business, that is mutually owned or leased by the parties; [or] |
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(C) removing a pet, companion animal, or |
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assistance animal, as defined by Section 121.002, Human Resources |
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Code, from the possession or actual or constructive care of a person |
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named in the order; or |
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(D) remotely controlling an electronic device |
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affecting the residence, vehicle, or property of a person named in |
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the order; |
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(2) grant exclusive possession of a residence to a |
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party and, if appropriate, direct one or more parties to vacate the |
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residence if the residence: |
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(A) is jointly owned or leased by the party |
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receiving exclusive possession and a party being denied possession; |
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(B) is owned or leased by the party retaining |
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possession; or |
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(C) is owned or leased by the party being denied |
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possession and that party has an obligation to support the party or |
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a child of the party granted possession of the residence; |
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(3) provide for the possession of and access to a child |
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of a party if the person receiving possession of or access to the |
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child is a parent of the child; |
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(4) require the payment of support for a party or for a |
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child of a party if the person required to make the payment has an |
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obligation to support the other party or the child; or |
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(5) award to a party the use and possession of |
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specified property that is community property or jointly owned or |
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leased property. |
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SECTION 5. Section 85.022(b), Family Code, is amended to |
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read as follows: |
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(b) In a protective order, the court may prohibit the person |
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found to have committed family violence from: |
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(1) committing family violence; |
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(2) communicating: |
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(A) directly with a person protected by an order |
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or a member of the family or household of a person protected by an |
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order, in a threatening or harassing manner; |
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(B) a threat through any person to a person |
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protected by an order or a member of the family or household of a |
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person protected by an order; and |
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(C) if the court finds good cause, in any manner |
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with a person protected by an order or a member of the family or |
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household of a person protected by an order, except through the |
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party's attorney or a person appointed by the court; |
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(3) going to or near the residence or place of |
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employment or business of a person protected by an order or a member |
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of the family or household of a person protected by an order; |
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(4) going to or near the residence, child-care |
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facility, or school a child protected under the order normally |
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attends or in which the child normally resides; |
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(5) engaging in conduct directed specifically toward a |
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person who is a person protected by an order or a member of the |
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family or household of a person protected by an order, including |
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following the person, that is reasonably likely to harass, annoy, |
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alarm, abuse, torment, or embarrass the person; |
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(6) possessing a firearm, unless the person is a peace |
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officer, as defined by Section 1.07, Penal Code, actively engaged |
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in employment as a sworn, full-time paid employee of a state agency |
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or political subdivision; [and] |
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(7) harming, threatening, or interfering with the |
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care, custody, or control of a pet, companion animal, or assistance |
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animal, as defined by Section 121.002, Human Resources Code, that |
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is possessed by or is in the actual or constructive care of a person |
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protected by an order or by a member of the family or household of a |
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person protected by an order; and |
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(8) remotely controlling an electronic device |
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affecting the residence, vehicle, or property of: |
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(A) a person protected by an order; or |
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(B) a member of the family or household of a |
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person protected by an order. |
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SECTION 6. Section 25.07(a), Penal Code, is amended to read |
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as follows: |
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(a) A person commits an offense if, in violation of a |
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condition of bond set in a family violence, sexual assault or abuse, |
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indecent assault, stalking, or trafficking case and related to the |
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safety of a victim or the safety of the community, an order issued |
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under Subchapter A, Chapter 7B, Code of Criminal Procedure, an |
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order issued under Article 17.292, Code of Criminal Procedure, an |
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order issued under Section 6.504, Family Code, Chapter 83, Family |
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Code, if the temporary ex parte order has been served on the person, |
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Chapter 85, Family Code, or Subchapter F, Chapter 261, Family Code, |
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or an order issued by another jurisdiction as provided by Chapter |
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88, Family Code, the person knowingly or intentionally: |
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(1) commits family violence or an act in furtherance |
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of an offense under Section 20A.02, 22.011, 22.012, 22.021, or |
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42.072; |
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(2) communicates: |
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(A) directly with a protected individual or a |
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member of the family or household in a threatening or harassing |
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manner; |
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(B) a threat through any person to a protected |
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individual or a member of the family or household; or |
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(C) in any manner with the protected individual |
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or a member of the family or household except through the person's |
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attorney or a person appointed by the court, if the violation is of |
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an order described by this subsection and the order prohibits any |
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communication with a protected individual or a member of the family |
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or household; |
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(3) goes to or near any of the following places as |
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specifically described in the order or condition of bond: |
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(A) the residence or place of employment or |
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business of a protected individual or a member of the family or |
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household; or |
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(B) any child care facility, residence, or school |
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where a child protected by the order or condition of bond normally |
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resides or attends; |
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(4) possesses a firearm; |
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(5) harms, threatens, or interferes with the care, |
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custody, or control of a pet, companion animal, or assistance |
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animal that is possessed by a person protected by the order or |
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condition of bond; [or] |
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(6) removes, attempts to remove, or otherwise tampers |
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with the normal functioning of a global positioning monitoring |
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system; or |
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(7) remotely controls an electronic device affecting |
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the residence, vehicle, or property of: |
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(A) a protected individual; or |
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(B) a member of the family or household of a |
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protected individual. |
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SECTION 7. (a) Article 7B.005, Code of Criminal Procedure, |
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as amended by this Act, and Sections 85.021 and 85.022, Family Code, |
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as amended by this Act, apply only to a protective order rendered on |
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or after the effective date of this Act. A protective order rendered |
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before the effective date of this Act is governed by the law in |
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effect on the date the order was rendered, and the former law is |
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continued in effect for that purpose. |
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(b) Article 17.292, Code of Criminal Procedure, as amended |
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by this Act, applies only to a magistrate's order for emergency |
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protection entered on or after the effective date of this Act. A |
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magistrate's order for emergency protection entered before the |
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effective date of this Act is governed by the law in effect on the |
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date the order was entered, and the former law is continued in |
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effect for that purpose. |
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(c) Article 17.49, Code of Criminal Procedure, as amended by |
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this Act, applies only to a defendant released on bond in connection |
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with an offense committed on or after the effective date of this |
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Act. A defendant released on bond in connection with an offense |
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committed before the effective date of this Act is governed by the |
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law in effect when the offense was committed, and the former law is |
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continued in effect for that purpose. For purposes of this |
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subsection, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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(d) Section 25.07, Penal Code, as amended by this Act, |
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applies only to an offense committed on or after the effective date |
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of this Act. An offense committed before the effective date of this |
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Act is governed by the law in effect on the date the offense was |
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committed, and the former law is continued in effect for that |
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purpose. For purposes of this subsection, an offense was committed |
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before the effective date of this Act if any element of the offense |
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occurred before that date. |
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SECTION 8. This Act takes effect September 1, 2023. |