S.B. No. 357
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. The heading to Chapter 7A, Code of Criminal
Procedure, is amended to read as follows:
CHAPTER 7A. PROTECTIVE ORDER FOR [CERTAIN] VICTIMS OF
[TRAFFICKING OR] SEXUAL ASSAULT OR ABUSE, STALKING, OR TRAFFICKING
SECTION 2. 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 under Title 4, Family Code, involving the same parties named
in the application.
SECTION 3. 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 4. Subsection (a), Article 7A.05, Code of Criminal
Procedure, is amended to read as follows:
(a) In a protective order issued under this chapter, the
court may:
(1) order the alleged offender to take action as
specified by the court that the court determines is necessary or
appropriate to prevent or reduce the likelihood of future harm to
the applicant or a member of the applicant's family or household; or
(2) prohibit the alleged offender from:
(A) communicating:
(i) directly or indirectly with the
applicant or any member of the applicant's family or household in a
threatening or harassing manner; or
(ii) in any manner with the applicant or any
member of the applicant's family or household except through the
applicant's attorney or a person appointed by the court, if the
court finds good cause for the prohibition;
(B) going to or near the residence, place of
employment or business, or child-care facility or school of the
applicant or any member of the applicant's family or household;
(C) engaging in conduct directed specifically
toward the applicant or any member of the applicant's family or
household, including following the person, that is reasonably
likely to harass, annoy, alarm, abuse, torment, or embarrass the
person; and
(D) possessing a firearm, unless the alleged
offender is a peace officer, as defined by Section 1.07, Penal Code,
actively engaged in employment as a sworn, full-time paid employee
of a state agency or political subdivision.
SECTION 5. The change in law made by this Act in amending
Chapter 7A, 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 6. This Act takes effect September 1, 2013.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 357 passed the Senate on
April 25, 2013, by the following vote: Yeas 30, Nays 0; and that
the Senate concurred in House amendments on May 22, 2013, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 357 passed the House, with
amendments, on May 16, 2013, by the following vote: Yeas 143,
Nays 0, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor