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A BILL TO BE ENTITLED
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AN ACT
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relating to protective orders prohibiting offenses motivated by |
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bias or prejudice. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 7B.101, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 7B.101. REQUEST FOR PROTECTIVE ORDER. A person may |
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request the court to issue a protective order under Title 4, Family |
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Code, for the protection of the person at any proceeding: |
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(1) in which the defendant appears in constitutional |
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county court, statutory county court, or district court; |
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(2) that is related to an offense under Title 5, Penal |
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Code, or Section 28.02, 28.03, [or] 28.08, or 42.0601, Penal Code; |
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and |
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(3) in which it is alleged that the defendant |
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committed the offense because of bias or prejudice as described by |
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Article 42.014. |
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SECTION 2. Article 7B.102, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 7B.102. REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE |
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ORDER. The court shall issue a protective order in the manner |
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provided by Title 4, Family Code, if, in lieu of the finding that |
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family violence occurred as required by Section 85.001, Family |
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Code, the court finds that: |
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(1) probable cause exists to believe that an offense |
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under Title 5, Penal Code, or Section 28.02, 28.03, [or] 28.08, or |
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42.0601, Penal Code, was committed; |
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(2) the defendant committed the offense because of |
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bias or prejudice; and |
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(3) the nature of the scheme or course of conduct |
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engaged in by the defendant in committing the offense indicates the |
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defendant is likely in the future to: |
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(A) engage in conduct prohibited by Title 5, |
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Penal Code, or Section 28.02, 28.03, [or] 28.08, or 42.0601, Penal |
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Code; and |
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(B) engage in that conduct described by Paragraph |
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(A) because of bias or prejudice. |
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SECTION 3. Subchapter C, Chapter 7B, Code of Criminal |
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Procedure, is amended by adding Article 7B.1025 to read as follows: |
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Art. 7B.1025. DURATION OF PROTECTIVE ORDER; RESCISSION. |
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(a) A protective order issued under Article 7B.102 may be effective |
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for the duration of the lives of the offender and victim or for any |
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shorter period stated in the order. If a period is not stated in the |
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order, the order is effective until the second anniversary of the |
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date the order was issued. |
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(b) A person protected by a protective order under this |
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subchapter may file at any time an application with the court to |
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rescind the protective order. |
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(c) To the extent of any conflict with Section 85.025, |
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Family Code, this article prevails. |
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SECTION 4. Article 7B.103, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 7B.103. ENFORCEMENT. The procedure for the |
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enforcement of a protective order under Title 4, Family Code, |
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applies to the fullest extent practicable to the enforcement of a |
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protective order under this subchapter, including provisions |
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relating to findings, contents, [duration,] warning, delivery, law |
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enforcement duties, and modification, except that: |
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(1) the printed statement on the warning must refer to |
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the prosecution of subsequent offenses committed because of bias or |
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prejudice; |
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(2) the court shall require a constable to serve a |
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protective order issued under this subchapter; and |
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(3) the clerk of the court shall forward a copy of a |
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protective order issued under this subchapter to the Department of |
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Public Safety with a designation indicating that the order was |
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issued to prevent offenses committed because of bias or prejudice. |
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SECTION 5. Section 25.071(a), Penal Code, is amended to |
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read as follows: |
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(a) A person commits an offense if, in violation of an order |
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issued under Subchapter C, Chapter 7B, Code of Criminal Procedure, |
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the person knowingly or intentionally: |
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(1) commits an offense under Title 5 or Section 28.02, |
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28.03, [or] 28.08, or 42.0601 and commits the offense because of |
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bias or prejudice as described by Article 42.014, Code of Criminal |
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Procedure; |
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(2) communicates: |
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(A) directly with a protected individual in a |
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threatening or harassing manner; |
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(B) a threat through any person to a protected |
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individual; or |
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(C) in any manner with the protected individual, |
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if the order prohibits any communication with a protected |
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individual; or |
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(3) goes to or near the residence or place of |
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employment or business of a protected individual. |
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SECTION 6. (a) Except as provided by Subsection (b) of |
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this section, the changes in law made by this Act apply only to a |
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protective order issued on or after the effective date of this Act. |
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A protective order issued before the effective date of this Act is |
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governed by the law in effect on the date the order was issued, and |
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the former law is continued in effect for that purpose. |
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(b) The change in law made by this Act in amending Section |
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25.071(a), Penal Code, applies only to an offense committed on or |
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after the effective date of this Act. An offense committed before |
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the effective date of this Act is governed by the law in effect on |
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the date the offense was committed, and the former law is continued |
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in effect for that purpose. For purposes of this subsection, an |
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offense was committed before the effective date of this Act if any |
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element of the offense occurred before that date. |
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SECTION 7. This Act takes effect September 1, 2025. |