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A BILL TO BE ENTITLED
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AN ACT
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relating to the prohibition of a person who is the subject of a |
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family violence protective order or arrested for or charged with an |
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offense involving family violence to surrender firearms owned by |
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the person. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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; and |
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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)(6) 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. |
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SECTION 2. Section 85.022 (d), Family Code, is repealed. |
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SECTION 3. Section 85.026 (a), Family Code, is amended to |
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read as follows: |
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(a) Each protective order issued under this subtitle, |
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including a temporary ex parte order, must contain the following |
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prominently displayed statements in boldfaced type, capital |
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letters, or underlined: |
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"A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR |
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CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN |
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JAIL FOR AS LONG AS SIX MONTHS, OR BOTH." |
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"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS |
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ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY |
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PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS |
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VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT |
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UNLESS A COURT CHANGES THE ORDER." |
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"IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS |
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DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT |
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AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL |
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SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A |
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FIREARM OR AMMUNITION." |
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"IF A PERSON SUBJECT TO A PROTECTIVE ORDER IS RELEASED FROM |
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CONFINEMENT OR IMPRISONMENT FOLLOWING THE DATE THE ORDER WOULD HAVE |
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EXPIRED, OR IF THE ORDER WOULD HAVE EXPIRED NOT LATER THAN THE FIRST |
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ANNIVERSARY OF THE DATE THE PERSON IS RELEASED FROM CONFINEMENT OR |
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IMPRISONMENT, THE ORDER IS AUTOMATICALLY EXTENDED TO EXPIRE ON: |
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"(1) THE FIRST ANNIVERSARY OF THE DATE THE PERSON IS |
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RELEASED, IF THE PERSON WAS SENTENCED TO CONFINEMENT OR |
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IMPRISONMENT FOR A TERM OF MORE THAN FIVE YEARS; OR |
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"(2) THE SECOND ANNIVERSARY OF THE DATE THE PERSON IS |
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RELEASED, IF THE PERSON WAS SENTENCED TO CONFINEMENT OR |
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IMPRISONMENT FOR A TERM OF FIVE YEARS OR LESS." |
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"A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED |
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BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY |
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CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH. AN ACT THAT |
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RESULTS IN FAMILY VIOLENCE MAY BE PROSECUTED AS A SEPARATE |
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MISDEMEANOR OR FELONY OFFENSE. IF THE ACT IS PROSECUTED AS A |
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SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON |
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FOR AT LEAST TWO YEARS." |
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SECTION 4. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 5. This Act takes effect September 1, 2023. |