By: Hinojosa S.B. No. 357
(In the Senate - Filed February 4, 2013; February 11, 2013,
read first time and referred to Committee on Criminal Justice;
April 11, 2013, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 5, Nays 0; April 11, 2013,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 357 By: Rodriguez
A BILL TO BE ENTITLED
AN ACT
relating to the issuance of protective orders for certain sexual,
stalking, and trafficking offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (b), Article 7A.01, Code of Criminal
Procedure, is amended to read as follows:
(b) An application for a protective order under this chapter
may be filed in:
(1) a district court, juvenile court having the
jurisdiction of a district court, statutory county court, or
constitutional county court in:
(A) [(1)] the county in which the applicant
resides;
(B) [or (2)] the county in which the alleged
offender resides; or
(C) any county in which an element of the alleged
offense occurred; or
(2) any court with jurisdiction over a protective
order previously issued under Title 4, Family Code, with respect to
the same parties named in the application.
SECTION 2. Article 7A.03, Code of Criminal Procedure, as
amended by Chapters 135 (S.B. 250) and 238 (H.B. 649), Acts of the
82nd Legislature, Regular Session, 2011, is reenacted and amended
to read as follows:
Art. 7A.03. REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE
ORDER. (a) At the close of a hearing on an application for a
protective order under this chapter, the court shall find whether
there are reasonable grounds to believe that the applicant is the
victim of sexual assault or abuse,[; or] stalking, or trafficking.
(b) If the court makes a finding described by Subsection (a)
[(a)(1) or (2)], the court shall issue a protective order that
includes a statement of the required findings.
SECTION 3. The change in law made by this Act in amending
Article 7A.03, Code of Criminal Procedure, applies only to a
protective order issued on or after the effective date of this Act.
A protective order issued before the effective date of this Act is
governed by the law in effect on the date the order is issued, and
the former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2013.
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