By: Uresti S.B. No. 116
(In the Senate - Filed November 8, 2010; January 31, 2011,
read first time and referred to Committee on Criminal Justice;
March 14, 2011, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 7, Nays 0; March 14, 2011,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 116 By: Hinojosa
A BILL TO BE ENTITLED
AN ACT
relating to protective orders against dating violence.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as the Kristy Appleby
Act.
SECTION 2. Subsection (a), Section 71.0021, Family Code, is
amended to read as follows:
(a) "Dating violence" means an act by an individual that is
against another individual with whom that person has or has had a
dating relationship, or by an individual against another individual
who is in a dating relationship with a third individual with whom
the actor is or has been in a dating relationship or marriage, and
that is intended to result in physical harm, bodily injury,
assault, or sexual assault or that is a threat that reasonably
places the individual in fear of imminent physical harm, bodily
injury, assault, or sexual assault, but does not include defensive
measures to protect oneself.
SECTION 3. The change in law made by this Act to Section
71.0021, Family Code, applies 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 filed before the
effective date of this Act is governed by the law in effect on the
date the application is filed, and the former law is continued in
effect for that purpose.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.
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