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A BILL TO BE ENTITLED
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AN ACT
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relating to the issuance of certain protective orders for certain |
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burglary offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter A, Chapter 7B, Code of |
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Criminal Procedure, is amended to read as follows: |
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SUBCHAPTER A. PROTECTIVE ORDER FOR VICTIMS OF CERTAIN SEXUAL |
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[ASSAULT OR ABUSE, INDECENT ASSAULT], STALKING, [OR] TRAFFICKING, |
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OR BURGLARY OFFENSES |
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SECTION 2. Articles 7B.001(a) and (a-1), Code of Criminal |
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Procedure, are amended to read as follows: |
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(a) The following persons may file an application for a |
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protective order under this subchapter without regard to the |
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relationship between the applicant and the alleged offender: |
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(1) a person who is the victim of an offense under |
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Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.012, 22.021, |
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42.072, or 43.05, Penal Code; |
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(2) a person who is the victim of an offense under |
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Section 30.02, Penal Code, that is punishable under Subsection |
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(c)(2) or (d) of that section; |
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(3) any adult, including a parent or guardian, who is |
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acting on behalf of a victim described by Subdivision (1) or (2), if |
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the victim is younger than 18 years of age or an adult ward; or |
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(4) [(3)] a prosecuting attorney acting on behalf of a |
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person described by Subdivision (1), [or] (2), or (3). |
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(a-1) Except as provided by Subsection (a-2), if an |
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application has not yet been filed in the case under Subsection (a), |
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the attorney representing the state shall promptly file an |
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application for a protective order with respect to each victim of an |
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offense listed in Subdivision (1) or (2) of that subsection |
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following the offender's conviction of or placement on deferred |
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adjudication community supervision for the offense. |
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SECTION 3. Article 7B.002(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) If the court finds from the information contained in an |
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application for a protective order that there is a clear and present |
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danger of conduct described by Article 7B.001(a)(1) or (2) [sexual |
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assault or abuse, indecent assault, stalking, trafficking,] or |
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other harm to the applicant, the court, without further notice to |
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the alleged offender and without a hearing, may issue a temporary ex |
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parte order for the protection of the applicant or any other member |
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of the applicant's family or household. |
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SECTION 4. Articles 7B.003(a), (b), and (c), Code of |
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Criminal Procedure, are amended to read as follows: |
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(a) At the close of a hearing on an application for a |
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protective order under this subchapter, the court shall find |
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whether there are reasonable grounds to believe that the applicant |
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is the victim of an offense listed in Article 7B.001(a)(1) or (2) |
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[sexual assault or abuse, indecent assault, stalking, or |
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trafficking]. |
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(b) If the court finds that there are reasonable grounds to |
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believe that the applicant is the victim of an offense listed in |
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Article 7B.001(a)(1) or (2) [sexual assault or abuse, stalking, or |
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trafficking], the court shall issue a protective order that |
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includes a statement of the required findings. |
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(c) An offender's conviction of or placement on deferred |
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adjudication community supervision for an offense listed in Article |
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7B.001(a)(1) or (2) constitutes reasonable grounds under |
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Subsection (a). |
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SECTION 5. Articles 7B.007(a-1) and (b), Code of Criminal |
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Procedure, are amended to read as follows: |
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(a-1) The court shall issue a protective order effective for |
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the duration of the lives of the offender and victim if the offender |
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is: |
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(1) convicted of or placed on deferred adjudication |
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community supervision for an offense listed in Article 7B.001(a)(1) |
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or (2); and |
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(2) required under Chapter 62 to register for life as a |
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sex offender. |
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(b) The following persons may file at any time an |
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application with the court to rescind the protective order: |
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(1) a victim of an offense listed in Article |
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7B.001(a)(1) or (2) who is 18 years of age or older; |
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(2) subject to Subsection (b-1), a parent or guardian |
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acting on behalf of a victim of an offense listed in Article |
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7B.001(a)(1) or (2) who is younger than 18 years of age or an adult |
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ward; or |
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(3) a person not otherwise described by Subdivision |
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(1) or (2) who filed the application for the protective order. |
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SECTION 6. The heading to Article 56A.052, Code of Criminal |
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Procedure, is amended to read as follows: |
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Art. 56A.052. ADDITIONAL RIGHTS OF VICTIMS OF CERTAIN |
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SEXUAL [ASSAULT, INDECENT ASSAULT], STALKING, [OR] TRAFFICKING, OR |
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BURGLARY OFFENSES. |
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SECTION 7. Article 56A.052(d), Code of Criminal Procedure, |
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is amended to read as follows: |
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(d) This subsection applies only to a victim of an offense |
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listed in Article 7B.001(a)(1) or (2) [under Section 20A.02, |
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20A.03, 21.02, 21.11, 22.011, 22.012, 22.021, 42.072, or 43.05, |
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Penal Code]. A victim described by this subsection or a parent or |
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guardian of the victim, if the victim is younger than 18 years of |
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age or an adult ward, is entitled to the following rights within the |
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criminal justice system: |
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(1) the right to be informed in the manner provided by |
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Article 56A.0525: |
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(A) that the victim or, if the victim is younger |
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than 18 years of age or an adult ward, the victim's parent or |
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guardian or another adult acting on the victim's behalf may file an |
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application for a protective order under Article 7B.001; |
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(B) of the court in which the application for a |
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protective order may be filed; |
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(C) that, on request of the victim or, if the |
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victim is younger than 18 years of age or an adult ward, on request |
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of the victim's parent or guardian or another adult acting on the |
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victim's behalf, the attorney representing the state may, subject |
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to the Texas Disciplinary Rules of Professional Conduct, file the |
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application for a protective order on behalf of the requestor; and |
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(D) that, subject to the Texas Disciplinary Rules |
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of Professional Conduct, the attorney representing the state |
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generally is required to file the application for a protective |
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order with respect to the victim if the defendant is convicted of or |
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placed on deferred adjudication community supervision for the |
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offense; |
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(2) the right to: |
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(A) request that the attorney representing the |
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state, subject to the Texas Disciplinary Rules of Professional |
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Conduct, file an application for a protective order described by |
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Subdivision (1); and |
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(B) be notified in the manner provided by Article |
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56A.0525 when the attorney representing the state files an |
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application for a protective order under Article 7B.001; |
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(3) if the victim or the victim's parent or guardian, |
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as applicable, is present when the defendant is convicted or placed |
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on deferred adjudication community supervision, the right to: |
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(A) be given by the court the information |
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described by Subdivision (1), in the manner provided by Article |
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56A.0525; and |
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(B) file an application for a protective order |
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under Article 7B.001 immediately following the defendant's |
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conviction or placement on deferred adjudication community |
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supervision if the court has jurisdiction over the application; and |
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(4) if the victim or the victim's parent or guardian, |
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as applicable, is not present when the defendant is convicted or |
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placed on deferred adjudication community supervision, the right to |
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be given by the attorney representing the state the information |
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described by Subdivision (1), in the manner provided by Article |
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56A.0525. |
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SECTION 8. To the extent of any conflict, this Act prevails |
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over another Act of the 89th Legislature, Regular Session, 2025, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 9. This Act takes effect September 1, 2025. |