| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the period during which an order for emergency |
|
|
protection remains in effect. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Article 17.292(j), Code of Criminal Procedure, |
|
|
is amended to read as follows: |
|
|
(j) An order for emergency protection issued under this |
|
|
article is effective on issuance, and the defendant shall be served |
|
|
a copy of the order by the magistrate or the magistrate's designee |
|
|
in person or electronically. The magistrate shall make a separate |
|
|
record of the service in written or electronic format. An order for |
|
|
emergency protection issued under Subsection (a) or (b)(1) of this |
|
|
article remains in effect up to the 91st [61st] day but not less |
|
|
than 61 [31] days after the date of issuance. An order for |
|
|
emergency protection issued under Subsection (b)(2) of this article |
|
|
remains in effect up to the 121st [91st] day but not less than 91 |
|
|
[61] days after the date of issuance. After notice to each affected |
|
|
party and a hearing, the issuing court may modify all or part of an |
|
|
order issued under this article if the court finds that: |
|
|
(1) the order as originally issued is unworkable; |
|
|
(2) the modification will not place the victim of the |
|
|
offense at greater risk than did the original order; and |
|
|
(3) the modification will not in any way endanger a |
|
|
person protected under the order. |
|
|
SECTION 2. The change in law made by this Act applies only |
|
|
to an order for emergency protection issued on or after the |
|
|
effective date of this Act. An order issued before that date is |
|
|
governed by the law in effect on the date the order was issued, and |
|
|
the former law is continued in effect for that purpose. |
|
|
SECTION 3. This Act takes effect September 1, 2023. |