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A BILL TO BE ENTITLED
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AN ACT
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relating to access to, disclosure of, and notification of |
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protective order registry information, judicial sanctions |
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regarding improper disclosure of or misleading information, and a |
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study on the registry. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as Anthony's Law. |
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SECTION 2. Section 6.405, Family Code, is amended to read as |
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follows: |
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Sec. 6.405. PROTECTIVE ORDER AND RELATED ORDERS. (a) The |
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petition and answer in a suit for dissolution of a marriage must |
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state whether, in regard to a party to the suit or a child of a party |
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to the suit: |
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(1) there is in effect: |
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(A) a protective order under Title 4; |
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(B) a protective order under Subchapter A, |
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Chapter 7B, Code of Criminal Procedure; or |
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(C) an order for emergency protection under |
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Article 17.292, Code of Criminal Procedure; or |
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(2) an application for an order described by |
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Subdivision (1) is pending. |
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(b) The petitioner or respondent shall attach to the |
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petition or answer, as applicable: |
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(1) a certification the petitioner or respondent |
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reviewed the protective order registry maintained under Subchapter |
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F, Chapter 72, Government Code, and disclosed each order described |
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by Subsection (a)(1); and |
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(2) a copy of each order described by Subsection |
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(a)(1) in which a party to the suit or the child of a party to the |
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suit was the applicant or victim of the conduct alleged in the |
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application or order and the other party was the respondent or |
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defendant of an action regarding the conduct alleged in the |
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application or order without regard to the date of the order. |
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(c) If a copy of an [the] order required to be attached under |
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Subsection (b)(2) is not available at the time of filing, the |
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petition or answer must state that a copy of the order will be filed |
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with the court before any hearing. |
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(d) A court may impose a sanction against a party who: |
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(1) fails to disclose an order described by Subsection |
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(a)(1) that is included on the protective order registry maintained |
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under Subchapter F, Chapter 72, Government Code; or |
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(2) knowingly misleads the court regarding an order or |
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application described by Subsection (a). |
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SECTION 3. Section 72.155, Government Code, is amended to |
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read as follows: |
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Sec. 72.155. RESTRICTED ACCESS TO PROTECTIVE ORDER |
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REGISTRY. (a) The registry must include a copy of each |
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application for a protective order filed in this state and a copy of |
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each protective order issued in this state, including an expired |
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order, or a vacated order other than an order that was vacated as |
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the result of an appeal or bill of review from a district or county |
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court. Subject to Subsection (c), only [Only] an authorized user, |
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the attorney general, a district attorney, a criminal district |
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attorney, a county attorney, a municipal attorney, an attorney |
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representing a party in a civil action, a victim of family violence |
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or of an offense for which a protective order may be granted under |
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Chapter 7B, Code of Criminal Procedure, who is representing himself |
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or herself in a civil action, a magistrate, or a peace officer may |
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access that information under the registry. |
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(b) The office shall ensure that an authorized user, the |
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attorney general, a district attorney, a criminal district |
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attorney, a county attorney, a municipal attorney, a victim of |
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family violence or of an offense for which a protective order may be |
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granted under Chapter 7B, Code of Criminal Procedure, who is |
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representing himself or herself in a civil action, a magistrate, |
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[or] a peace officer, or, subject to Subsection (c), an attorney |
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representing a party in a civil action is able to search for and |
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receive a copy of a filed application for a protective order or a |
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copy of an issued protective order through the registry's Internet |
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website. |
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(c) An attorney representing a party in a civil action may |
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not access: |
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(1) an application for a protective order filed in |
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this state unless the protective order was granted and is in effect, |
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has expired, or was vacated by final judgment; or |
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(2) confidential or sealed portions of an application |
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for a protective order or a protective order, including an address |
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or the contact information of a protected party. |
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SECTION 4. Subchapter F, Chapter 72, Government Code, is |
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amended by adding Section 72.1555 to read as follows: |
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Sec. 72.1555. ACCESS TO AND NOTIFICATION OF CERTAIN |
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REGISTRY INFORMATION. (a) The protective order registry must be |
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configured to provide access to information in the registry to: |
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(1) a court with jurisdiction over a case in which a |
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person who is subject to a protective order appears related to a |
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civil violation of the protective order or for any criminal |
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offense; |
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(2) the attorney general or a district attorney, |
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criminal district attorney, county attorney, or municipal attorney |
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who is prosecuting a person who is subject to the protective order; |
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(3) an attorney representing a party in a civil action |
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or a victim of family violence or of an offense for which a |
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protective order may be granted under Chapter 7B, Code of Criminal |
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Procedure, who is representing himself or herself in a civil |
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action; or |
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(4) a peace officer who is investigating a person who |
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is subject to the protective order. |
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(b) If a person subject to a protective order issued by a |
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court appears in a court of another county for a civil violation of |
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the protective order or any criminal offense, the registry must be |
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configured to provide notice to the court that issued the |
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protective order of: |
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(1) the time, place, and nature of the person's |
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violation or offense; |
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(2) the name and location of the court with |
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jurisdiction over the violation or offense; |
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(3) the name and contact information of the attorney |
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general or the district attorney, criminal district attorney, |
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county attorney, or municipal attorney who is prosecuting the |
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violation or offense; and |
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(4) the name and contact information of any peace |
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officer whose information is included in the registry as the |
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investigator for the violation or offense. |
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SECTION 5. (a) In this section, "office" means the Office |
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of Court Administration of the Texas Judicial System. |
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(b) The office shall conduct a study to determine: |
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(1) whether the changes in law made by this Act |
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relating to the protective order registry maintained under |
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Subchapter F, Chapter 72, Government Code, can be securely |
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implemented without risking system integrity or unauthorized |
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access; and |
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(2) the feasibility of expanding the protective order |
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registry maintained under Subchapter F, Chapter 72, Government |
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Code, to support information sharing between national or other |
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state databases. |
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(c) The office shall prepare a report on the results of the |
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study conducted under this section, including any recommendations |
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for legislative action to increase the efficacy of the protective |
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order registry maintained under Subchapter F, Chapter 72, |
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Government Code, or the safety of applicants for protective orders |
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in this state. |
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(d) Not later than September 1, 2026, the office shall |
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submit the report prepared under Subsection (c) of this section to |
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the governor, lieutenant governor, speaker of the house of |
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representatives, and appropriate standing committees of the |
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legislature. |
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(e) This section expires January 1, 2027. |
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SECTION 6. This Act takes effect September 1, 2025. |