83R23630 KEL-F
By: Lucio III H.B. No. 1438
Substitute the following for H.B. No. 1438:
By: Herrero C.S.H.B. No. 1438
A BILL TO BE ENTITLED
AN ACT
relating to the duration of a magistrate's order for emergency
protection.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 17.292, Code of Criminal Procedure, is
amended by amending Subsection (j) and adding Subsections (j-1),
(j-2), and (j-3) to read as follows:
(j) An order for emergency protection issued under this
article is effective on issuance, and the defendant shall be served
a copy of the order in open court.
(j-1) An order for emergency protection issued under
Subsection (a) or (b)(1) of this article remains in effect up to the
61st day but not less than 31 days after the date of issuance. An
order for emergency protection issued under Subsection (b)(2) of
this article remains in effect up to the 91st day but not less than
61 days after the date of issuance.
(j-2) If a person who is the subject of an order for
emergency protection is confined or imprisoned on the date the
order is due to expire under Subsection (j-1), the period for which
the order is effective is extended, and the order expires on the
31st day after the date the person is released from confinement or
imprisonment.
(j-3) After notice to each affected party and a hearing, the
issuing court may modify all or part of an order issued under this
article if the court finds that:
(1) the order as originally issued is unworkable;
(2) the modification will not place the victim of the
offense at greater risk than did the original order; and
(3) the modification will not in any way endanger a
person protected under the order.
SECTION 2. The change in law made by this Act to Article
17.292, Code of Criminal Procedure, applies only to a magistrate's
order for emergency protection that is issued on or after the
effective date of this Act. A magistrate's order for emergency
protection 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 3. This Act takes effect September 1, 2013.