| 1 | 1 | | By: Alonzo (Senate Sponsor - Rodriguez) H.B. No. 570 |
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| 2 | 2 | | (In the Senate - Received from the House April 22, 2013; |
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| 3 | 3 | | April 24, 2013, read first time and referred to Committee on |
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| 4 | 4 | | Criminal Justice; May 9, 2013, reported favorably by the following |
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| 5 | 5 | | vote: Yeas 7, Nays 0; May 9, 2013, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to issuance of a magistrate's order for emergency |
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| 11 | 11 | | protection. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Articles 17.292(d) and (j), Code of Criminal |
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| 14 | 14 | | Procedure, are amended to read as follows: |
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| 15 | 15 | | (d) The victim of the offense need not be present [in court] |
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| 16 | 16 | | when the order for emergency protection is issued. |
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| 17 | 17 | | (j) An order for emergency protection issued under this |
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| 18 | 18 | | article is effective on issuance, and the defendant shall be served |
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| 19 | 19 | | a copy of the order by the magistrate or the magistrate's designee |
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| 20 | 20 | | in person or electronically. The magistrate shall make a separate |
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| 21 | 21 | | record of the service in written or electronic format [open court]. |
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| 22 | 22 | | An order for emergency protection issued under Subsection (a) or |
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| 23 | 23 | | (b)(1) of this article remains in effect up to the 61st day but not |
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| 24 | 24 | | less than 31 days after the date of issuance. An order for |
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| 25 | 25 | | emergency protection issued under Subsection (b)(2) of this article |
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| 26 | 26 | | remains in effect up to the 91st day but not less than 61 days after |
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| 27 | 27 | | the date of issuance. After notice to each affected party and a |
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| 28 | 28 | | hearing, the issuing court may modify all or part of an order issued |
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| 29 | 29 | | under this article if the court finds that: |
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| 30 | 30 | | (1) the order as originally issued is unworkable; |
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| 31 | 31 | | (2) the modification will not place the victim of the |
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| 32 | 32 | | offense at greater risk than did the original order; and |
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| 33 | 33 | | (3) the modification will not in any way endanger a |
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| 34 | 34 | | person protected under the order. |
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| 35 | 35 | | SECTION 2. This Act takes effect immediately if it receives |
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| 36 | 36 | | a vote of two-thirds of all the members elected to each house, as |
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| 37 | 37 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 38 | 38 | | Act does not receive the vote necessary for immediate effect, this |
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| 39 | 39 | | Act takes effect September 1, 2013. |
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| 40 | 40 | | * * * * * |
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