Texas 2009 - 81st Regular

Texas Senate Bill SB1840 Compare Versions

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1	1	By: Uresti S.B. No. 1840
2	2	(In the Senate - Filed March 11, 2009; March 20, 2009, read
3	3	first time and referred to Committee on Criminal Justice;
4	4	April 28, 2009, reported favorably by the following vote: Yeas 5,
5	5	Nays 2; April 28, 2009, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to inclusion of pets and other companion animals in
11	11	protective orders; providing a penalty.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 85.021, Family Code, is amended to read
14	14	as follows:
15	15	Sec. 85.021. REQUIREMENTS OF ORDER APPLYING TO ANY PARTY.
16	16	In a protective order, the court may:
17	17	(1) prohibit a party from:
18	18	(A) removing a child who is a member of the family
19	19	or household from:
20	20	(i) the possession of a person named in the
21	21	order; or
22	22	(ii) the jurisdiction of the court; [or]
23	23	(B) transferring, encumbering, or otherwise
24	24	disposing of property, other than in the ordinary course of
25	25	business, that is mutually owned or leased by the parties; or
26	26	(C) removing a pet, companion animal, or
27	27	assistance animal, as defined by Section 121.002, Human Resources
28	28	Code, from the possession of a person named in the order;
29	29	(2) grant exclusive possession of a residence to a
30	30	party and, if appropriate, direct one or more parties to vacate the
31	31	residence if the residence:
32	32	(A) is jointly owned or leased by the party
33	33	receiving exclusive possession and a party being denied possession;
34	34	(B) is owned or leased by the party retaining
35	35	possession; or
36	36	(C) is owned or leased by the party being denied
37	37	possession and that party has an obligation to support the party or
38	38	a child of the party granted possession of the residence;
39	39	(3) provide for the possession of and access to a child
40	40	of a party if the person receiving possession of or access to the
41	41	child is a parent of the child;
42	42	(4) require the payment of support for a party or for a
43	43	child of a party if the person required to make the payment has an
44	44	obligation to support the other party or the child; or
45	45	(5) award to a party the use and possession of
46	46	specified property that is community property or jointly owned or
47	47	leased property.
48	48	SECTION 2. Subsection (b), Section 85.022, Family Code, as
49	49	amended by Chapters 23 (S.B. 199) and 91 (S.B. 68), Acts of the 77th
50	50	Legislature, Regular Session, 2001, is amended to read as follows:
51	51	(b) In a protective order, the court may prohibit the person
52	52	found to have committed family violence from:
53	53	(1) committing family violence;
54	54	(2) communicating:
55	55	(A) directly with a person protected by an order
56	56	or a member of the family or household of a person protected by an
57	57	order, in a threatening or harassing manner;
58	58	(B) a threat through any person to a person
59	59	protected by an order or a member of the family or household of a
60	60	person protected by an order; and
61	61	(C) if the court finds good cause, in any manner
62	62	with a person protected by an order or a member of the family or
63	63	household of a person protected by an order, except through the
64	64	party's attorney or a person appointed by the court;
65	65	(3) going to or near the residence or place of
66	66	employment or business of a person protected by an order or a member
67	67	of the family or household of a person protected by an order;
68	68	(4) going to or near the residence, child-care
69	69	facility, or school a child protected under the order normally
70	70	attends or in which the child normally resides;
71	71	(5) engaging in conduct directed specifically toward a
72	72	person who is a person protected by an order or a member of the
73	73	family or household of a person protected by an order, including
74	74	following the person, that is reasonably likely to harass, annoy,
75	75	alarm, abuse, torment, or embarrass the person; [and]
76	76	(6) possessing a firearm, unless the person is a peace
77	77	officer, as defined by Section 1.07, Penal Code, actively engaged
78	78	in employment as a sworn, full-time paid employee of a state agency
79	79	or political subdivision; and
80	80	(7) harming, threatening, or interfering with the
81	81	care, custody, or control of a pet, companion animal, or assistance
82	82	animal, as defined by Section 121.002, Human Resources Code, that
83	83	is possessed by a person protected by an order or by a member of the
84	84	family or household of a person protected by an order.
85	85	SECTION 3. Subsection (a), Section 25.07, Penal Code, as
86	86	amended by Chapters 66 (S.B. 584) and 1113 (H.B. 3692), Acts of the
87	87	80th Legislature, Regular Session, 2007, is reenacted and amended
88	88	to read as follows:
89	89	(a) A person commits an offense if, in violation of a
90	90	condition of bond set in a family violence case and related to the
91	91	safety of the victim or the safety of the community, an order issued
92	92	under Article 17.292, Code of Criminal Procedure, an order issued
93	93	under Section 6.504, Family Code, Chapter 83, Family Code, if the
94	94	temporary ex parte order has been served on the person, or Chapter
95	95	85, Family Code, or an order issued by another jurisdiction as
96	96	provided by Chapter 88, Family Code, the person knowingly or
97	97	intentionally:
98	98	(1) commits family violence or an act in furtherance
99	99	of an offense under Section 22.011, 22.021, or 42.072;
100	100	(2) communicates:
101	101	(A) directly with a protected individual or a
102	102	member of the family or household in a threatening or harassing
103	103	manner;
104	104	(B) a threat through any person to a protected
105	105	individual or a member of the family or household; or
106	106	(C) in any manner with the protected individual
107	107	or a member of the family or household except through the person's
108	108	attorney or a person appointed by the court, if the violation is of
109	109	an order described by this subsection and the order prohibits any
110	110	communication with a protected individual or a member of the family
111	111	or household;
112	112	(3) goes to or near any of the following places as
113	113	specifically described in the order or condition of bond:
114	114	(A) the residence or place of employment or
115	115	business of a protected individual or a member of the family or
116	116	household; or
117	117	(B) any child care facility, residence, or school
118	118	where a child protected by the order or condition of bond normally
119	119	resides or attends; [or]
120	120	(4) possesses a firearm; or
121	121	(5) harms, threatens, or interferes with the care,
122	122	custody, or control of a pet, companion animal, or assistance
123	123	animal that is possessed by a person protected by the order.
124	124	SECTION 4. Subsection (b), Section 25.07, Penal Code, is
125	125	amended by adding Subdivision (3) to read as follows:
126	126	(3) "Assistance animal" has the meaning assigned by
127	127	Section 121.002, Human Resources Code.
128	128	SECTION 5. This Act takes effect September 1, 2009.
129	129	* * * * *