By: Gallego (Senate Sponsor - Hinojosa) H.B. No. 649
(In the Senate - Received from the House April 26, 2011;
April 29, 2011, read first time and referred to Committee on
Criminal Justice; May 12, 2011, reported favorably by the
following vote: Yeas 7, Nays 0; May 12, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the issuance and duration of certain protective orders
for victims of sexual assault.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 7A.03, Code of Criminal Procedure, is
amended to read as follows:
Art. 7A.03. REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE
ORDER. (a) At the close of a hearing on an application for a
protective order under this chapter, the court shall find whether
there are reasonable grounds to believe that the applicant is the
victim of a sexual assault [and:
[(1) is younger than 18 years of age; or
[(2) regardless of age, is the subject of a threat that
reasonably places the applicant in fear of further harm from the
alleged offender].
(b) If the court finds reasonable grounds to believe that
the applicant is the victim of a sexual assault [and is younger than
18 years of age, or regardless of age, the subject of a threat that
reasonably places the applicant in fear of further harm from the
alleged offender], the court shall issue a protective order that
includes a statement of the required findings.
SECTION 2. Article 7A.07, Code of Criminal Procedure, is
amended to read as follows:
Art. 7A.07. DURATION OF PROTECTIVE ORDER. (a) A protective
order issued under Article 7A.03 may be effective for the duration
of the lives of the offender and victim [as provided by Subsection
(b),] or for any shorter period stated in the order. If a period is
not stated in the order, the order is effective until the second
anniversary of the date the order was issued.
(b) [A protective order issued under Article 7A.03 may be
effective for the duration of the lives of the offender and victim
only if the court finds reasonable cause to believe that the victim
is the subject of a threat that reasonably places the victim in fear
of further harm from the alleged offender.
[(c)] A victim who is 17 years of age or older or a parent or
guardian acting on behalf of a victim who is younger than 17 years
of age may file at any time an application with the court to rescind
the protective order.
(c) [(d)] If a person who is the subject of a protective
order issued under Article 7A.03 is confined or imprisoned on the
date the protective order is due to expire under Subsection (a), the
period for which the order is effective is extended, and the order
expires on the first anniversary of the date the person is released
from confinement or imprisonment.
(d) [(e)] To the extent of any conflict with Section 85.025,
Family Code, this article prevails.
SECTION 3. (a) The changes in law made by this Act to
Article 7A.03, Code of Criminal Procedure, apply only to an
application for a protective order that is filed on or after the
effective date of this Act. An application for a protective order
that was filed before the effective date of this Act is governed by
the law in effect on the date the application was filed, and the
former law is continued in effect for that purpose.
(b) The changes in law made by this Act to Article 7A.07,
Code of Criminal Procedure, apply only to a protective order that is
issued on or after the effective date of this Act. A protective
order that was issued before the effective date of this Act is
governed by the law in effect on the date the order was issued, and
the former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2011.
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