By: Sheffield (Senate Sponsor - Van de Putte) H.B. No. 2624
(In the Senate - Received from the House April 28, 2011;
May 3, 2011, read first time and referred to Committee on Veteran
Affairs and Military Installations; May 12, 2011, reported
favorably by the following vote: Yeas 4, Nays 0; May 12, 2011, sent
to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to procedures applicable in circumstances involving
family violence or other criminal conduct and military personnel.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 85.042, Family Code, is amended by
adding Subsection (a-1) and amending Subsections (c) and (d) to
read as follows:
(a-1) This subsection applies only if the respondent, at the
time of issuance of an original or modified protective order under
this subtitle, is a member of the state military forces or is
serving in the armed forces of the United States in an active-duty
status. In addition to complying with Subsection (a), the clerk of
the court shall also provide a copy of the protective order and the
information described by that subsection to the staff judge
advocate at Joint Force Headquarters or the provost marshal of the
military installation to which the respondent is assigned with the
intent that the commanding officer will be notified, as applicable.
(c) The clerk of a court that vacates an original or
modified protective order under this subtitle shall notify each
individual or entity [the chief of police or constable and sheriff]
who received a copy of the original or modified order from the clerk
under this section that the order is vacated.
(d) The applicant or the applicant's attorney shall provide
to the clerk of the court:
(1) the name and address of each law enforcement
agency, child-care facility, [and] school, and other individual or
entity to which the clerk is required to mail a copy of the order
under this section; and
(2) any other information required under Section
411.042(b)(6), Government Code.
SECTION 2. Article 5.05, Code of Criminal Procedure, is
amended by amending Subsection (a) and adding Subsection (a-2) to
read as follows:
(a) A peace officer who investigates a family violence
incident or who responds to a disturbance call that may involve
family violence shall make a written report, including but not
limited to:
(1) the names of the suspect and complainant;
(2) the date, time, and location of the incident;
(3) any visible or reported injuries; [and]
(4) a description of the incident and a statement of
its disposition; and
(5) whether the suspect is a member of the state
military forces or is serving in the armed forces of the United
States in an active-duty status.
(a-2) If a suspect is identified as being a member of the
military, as described by Subsection (a)(5), the peace officer
shall provide written notice of the incident or disturbance call to
the staff judge advocate at Joint Force Headquarters or the provost
marshal of the military installation to which the suspect is
assigned with the intent that the commanding officer will be
notified, as applicable.
SECTION 3. Chapter 42, Code of Criminal Procedure, is
amended by adding Article 42.0182 to read as follows:
Art. 42.0182. NOTICE OF FAMILY VIOLENCE OFFENSES PROVIDED
BY CLERK OF COURT. (a) This article applies only:
(1) to conviction or deferred adjudication granted on
the basis of:
(A) an offense that constitutes family violence,
as defined by Section 71.004, Family Code; or
(B) an offense under Title 5, Penal Code; and
(2) if the defendant is a member of the state military
forces or is serving in the armed forces of the United States in an
active-duty status.
(b) As soon as possible after the date on which the
defendant is convicted or granted deferred adjudication on the
basis of an offense, the clerk of the court in which the conviction
or deferred adjudication is entered shall provide written notice of
the conviction or deferred adjudication to the staff judge advocate
at Joint Force Headquarters or the provost marshal of the military
installation to which the defendant is assigned with the intent
that the commanding officer will be notified, as applicable.
SECTION 4. Section 9, Article 42.12, Code of Criminal
Procedure, is amended by adding Subsection (l) to read as follows:
(l) Each presentence investigation shall include
information regarding whether the defendant is a current or former
member of the state military forces or whether the defendant is
currently serving or has previously served in the armed forces of
the United States in an active-duty status. If the defendant has
served in an active-duty status, the investigation shall
additionally determine whether the defendant was deployed to a
combat zone and whether the defendant may suffer from
post-traumatic stress disorder or a traumatic brain injury. In
addition, if available, a copy of the defendant's military
discharge papers and military records must be included in the
investigation report provided to the judge under Subsection (a) of
this section.
SECTION 5. This Act takes effect September 1, 2011.
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