| 1 | 1 | | 83R21637 GCB-D |
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| 2 | 2 | | By: Anchia H.B. No. 1292 |
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| 3 | 3 | | Substitute the following for H.B. No. 1292: |
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| 4 | 4 | | By: Herrero C.S.H.B. No. 1292 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the issuance of protective orders for certain sexual, |
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| 10 | 10 | | stalking, and trafficking offenses. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Article 7A.01(b), Code of Criminal Procedure, is |
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| 13 | 13 | | amended to read as follows: |
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| 14 | 14 | | (b) An application for a protective order under this chapter |
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| 15 | 15 | | may be filed in: |
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| 16 | 16 | | (1) a district court, juvenile court having the |
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| 17 | 17 | | jurisdiction of a district court, statutory county court, or |
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| 18 | 18 | | constitutional county court in: |
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| 19 | 19 | | (A) [(1)] the county in which the applicant |
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| 20 | 20 | | resides; [or] |
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| 21 | 21 | | (B) [(2)] the county in which the alleged |
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| 22 | 22 | | offender resides; or |
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| 23 | 23 | | (C) any county in which an element of the alleged |
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| 24 | 24 | | offense occurred; or |
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| 25 | 25 | | (2) any court with jurisdiction over a protective |
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| 26 | 26 | | order under Title 4, Family Code, involving the same parties named |
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| 27 | 27 | | in the application. |
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| 28 | 28 | | SECTION 2. Article 7A.03, Code of Criminal Procedure, as |
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| 29 | 29 | | amended by Chapters 135 (S.B. 250) and 238 (H.B. 649), Acts of the |
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| 30 | 30 | | 82nd Legislature, Regular Session, 2011, is reenacted and amended |
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| 31 | 31 | | to read as follows: |
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| 32 | 32 | | Art. 7A.03. REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE |
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| 33 | 33 | | ORDER. (a) At the close of a hearing on an application for a |
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| 34 | 34 | | protective order under this chapter, the court shall find whether |
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| 35 | 35 | | there are reasonable grounds to believe that the applicant is the |
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| 36 | 36 | | victim of sexual assault or abuse,[; or] stalking, or trafficking. |
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| 37 | 37 | | (b) If the court makes a finding described by Subsection (a) |
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| 38 | 38 | | [(a)(1) or (2)], the court shall issue a protective order that |
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| 39 | 39 | | includes a statement of the required findings. |
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| 40 | 40 | | SECTION 3. The change in law made by this Act in amending |
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| 41 | 41 | | Article 7A.03, Code of Criminal Procedure, applies only to a |
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| 42 | 42 | | protective order issued on or after the effective date of this Act. |
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| 43 | 43 | | A protective order issued before the effective date of this Act is |
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| 44 | 44 | | governed by the law in effect on the date the order is issued, and |
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| 45 | 45 | | the former law is continued in effect for that purpose. |
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| 46 | 46 | | SECTION 4. This Act takes effect September 1, 2013. |
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