| 1 | 1 | | 84R18394 JSC-D |
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| 2 | 2 | | By: Thompson of Harris H.B. No. 1076 |
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| 3 | 3 | | Substitute the following for H.B. No. 1076: |
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| 4 | 4 | | By: Herrero C.S.H.B. No. 1076 |
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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 authority of a magistrate to prohibit certain |
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| 10 | 10 | | communications in an order for emergency protection; amending |
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| 11 | 11 | | provisions subject to a criminal penalty. |
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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. Article 17.292(c), Code of Criminal Procedure, |
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| 14 | 14 | | is amended to read as follows: |
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| 15 | 15 | | (c) The magistrate in the order for emergency protection may |
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| 16 | 16 | | prohibit the arrested party from: |
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| 17 | 17 | | (1) committing: |
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| 18 | 18 | | (A) family violence or an assault on the person |
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| 19 | 19 | | protected under the order; or |
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| 20 | 20 | | (B) an act in furtherance of an offense under |
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| 21 | 21 | | Section 42.072, Penal Code; |
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| 22 | 22 | | (2) communicating: |
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| 23 | 23 | | (A) directly with a member of the family or |
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| 24 | 24 | | household or with the person protected under the order in a |
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| 25 | 25 | | threatening or harassing manner; [or] |
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| 26 | 26 | | (B) a threat through any person to a member of the |
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| 27 | 27 | | family or household or to the person protected under the order; or |
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| 28 | 28 | | (C) if the magistrate finds good cause, in any |
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| 29 | 29 | | manner with a person protected under the order or a member of the |
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| 30 | 30 | | family or household of a person protected under the order, except |
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| 31 | 31 | | through the party's attorney or a person appointed by the court; |
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| 32 | 32 | | (3) going to or near: |
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| 33 | 33 | | (A) the residence, place of employment, or |
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| 34 | 34 | | business of a member of the family or household or of the person |
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| 35 | 35 | | protected under the order; or |
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| 36 | 36 | | (B) the residence, child care facility, or school |
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| 37 | 37 | | where a child protected under the order resides or attends; or |
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| 38 | 38 | | (4) possessing a firearm, unless the person is a peace |
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| 39 | 39 | | officer, as defined by Section 1.07, Penal Code, actively engaged |
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| 40 | 40 | | in employment as a sworn, full-time paid employee of a state agency |
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| 41 | 41 | | or political subdivision. |
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| 42 | 42 | | SECTION 2. This Act takes effect immediately if it receives |
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| 43 | 43 | | a vote of two-thirds of all the members elected to each house, as |
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| 44 | 44 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 45 | 45 | | Act does not receive the vote necessary for immediate effect, this |
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| 46 | 46 | | Act takes effect September 1, 2015. |
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