| 1 | 1 | | 83R23630 KEL-F |
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| 2 | 2 | | By: Lucio III H.B. No. 1438 |
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| 3 | 3 | | Substitute the following for H.B. No. 1438: |
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| 4 | 4 | | By: Herrero C.S.H.B. No. 1438 |
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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 duration of a magistrate's order for emergency |
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| 10 | 10 | | protection. |
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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 17.292, Code of Criminal Procedure, is |
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| 13 | 13 | | amended by amending Subsection (j) and adding Subsections (j-1), |
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| 14 | 14 | | (j-2), and (j-3) to read as follows: |
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| 15 | 15 | | (j) An order for emergency protection issued under this |
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| 16 | 16 | | article is effective on issuance, and the defendant shall be served |
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| 17 | 17 | | a copy of the order in open court. |
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| 18 | 18 | | (j-1) An order for emergency protection issued under |
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| 19 | 19 | | Subsection (a) or (b)(1) of this article remains in effect up to the |
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| 20 | 20 | | 61st day but not less than 31 days after the date of issuance. An |
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| 21 | 21 | | order for emergency protection issued under Subsection (b)(2) of |
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| 22 | 22 | | this article remains in effect up to the 91st day but not less than |
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| 23 | 23 | | 61 days after the date of issuance. |
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| 24 | 24 | | (j-2) If a person who is the subject of an order for |
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| 25 | 25 | | emergency protection is confined or imprisoned on the date the |
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| 26 | 26 | | order is due to expire under Subsection (j-1), the period for which |
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| 27 | 27 | | the order is effective is extended, and the order expires on the |
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| 28 | 28 | | 31st day after the date the person is released from confinement or |
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| 29 | 29 | | imprisonment. |
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| 30 | 30 | | (j-3) After notice to each affected party and a hearing, the |
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| 31 | 31 | | issuing court may modify all or part of an order issued under this |
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| 32 | 32 | | article if the court finds that: |
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| 33 | 33 | | (1) the order as originally issued is unworkable; |
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| 34 | 34 | | (2) the modification will not place the victim of the |
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| 35 | 35 | | offense at greater risk than did the original order; and |
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| 36 | 36 | | (3) the modification will not in any way endanger a |
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| 37 | 37 | | person protected under the order. |
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| 38 | 38 | | SECTION 2. The change in law made by this Act to Article |
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| 39 | 39 | | 17.292, Code of Criminal Procedure, applies only to a magistrate's |
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| 40 | 40 | | order for emergency protection that is issued on or after the |
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| 41 | 41 | | effective date of this Act. A magistrate's order for emergency |
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| 42 | 42 | | protection that was issued before the effective date of this Act is |
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| 43 | 43 | | governed by the law in effect on the date the order was issued, and |
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| 44 | 44 | | the former law is continued in effect for that purpose. |
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| 45 | 45 | | SECTION 3. This Act takes effect September 1, 2013. |
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