Texas 2011 - 82nd Regular

Texas House Bill HB825 Compare Versions

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Old	New	Differences
1	1	82R18209 SJM-F
2	2	By: Anchia H.B. No. 825
3	3	Substitute the following for H.B. No. 825:
4	4	By: Gallego C.S.H.B. No. 825
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to protective orders for stalking victims.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. The heading to Chapter 7A, Code of Criminal
12	12	Procedure, is amended to read as follows:
13	13	CHAPTER 7A. PROTECTIVE ORDER FOR VICTIM OF SEXUAL ASSAULT OR
14	14	STALKING
15	15	SECTION 2. Article 7A.01(a), Code of Criminal Procedure, is
16	16	amended to read as follows:
17	17	(a) A person who is the victim of an offense under Section
18	18	21.02, 21.11, 22.011, [or] 22.021, or 42.072, Penal Code, a parent
19	19	or guardian acting on behalf of a person younger than 17 years of
20	20	age who is the victim of such an offense, or a prosecuting attorney
21	21	acting on behalf of the person may file an application for a
22	22	protective order under this chapter without regard to the
23	23	relationship between the applicant and the alleged offender.
24	24	SECTION 3. Article 7A.02, Code of Criminal Procedure, is
25	25	amended to read as follows:
26	26	Art. 7A.02. TEMPORARY EX PARTE ORDER. If the court finds
27	27	from the information contained in an application for a protective
28	28	order that there is a clear and present danger of [a] sexual
29	29	assault, stalking, or other harm to the applicant, the court,
30	30	without further notice to the alleged offender and without a
31	31	hearing, may enter a temporary ex parte order for the protection of
32	32	the applicant or any other member of the applicant's family or
33	33	household.
34	34	SECTION 4. Article 7A.03, Code of Criminal Procedure, is
35	35	amended to read as follows:
36	36	Art. 7A.03. REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE
37	37	ORDER. (a) At the close of a hearing on an application for a
38	38	protective order under this chapter, the court shall find whether
39	39	there are reasonable grounds to believe that the applicant is the
40	40	victim of:
41	41	(1) [a] sexual assault and:
42	42	(A) [(1)] is younger than 18 years of age; or
43	43	(B) [(2)] regardless of age, is the subject of a
44	44	threat that reasonably places the applicant in fear of further harm
45	45	from the alleged offender; or
46	46	(2) stalking.
47	47	(b) If the court makes a finding described by Subsection
48	48	(a)(1) or (2) [finds reasonable grounds to believe that the
49	49	applicant is the victim of a sexual assault and is younger than 18
50	50	years of age, or regardless of age, the subject of a threat that
51	51	reasonably places the applicant in fear of further harm from the
52	52	alleged offender], the court shall issue a protective order that
53	53	includes a statement of the required findings.
54	54	SECTION 5. The change in law made by this Act applies only
55	55	to an application for a protective order that is filed on or after
56	56	the effective date of this Act. An application for a protective
57	57	order that is filed before the effective date of this Act is
58	58	governed by the law in effect on the date the application is filed,
59	59	and the former law is continued in effect for that purpose.
60	60	SECTION 6. This Act takes effect September 1, 2011.