Texas 2015 - 84th Regular

Texas House Bill HB1447 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Dale, et al. (Senate Sponsor - Rodríguez) H.B. No. 1447
2		-	(In the Senate - Received from the House April 14, 2015;
3		-	May 19, 2015, read first time and referred to Committee on
4		-	Administration; May 24, 2015, reported favorably by the following
5		-	vote: Yeas 4, Nays 0; May 24, 2015, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 1447
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to protective orders for certain victims of sexual assault
12	6		or abuse, stalking, or trafficking.
13	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	8		SECTION 1. Article 7A.01(a), Code of Criminal Procedure, is
15	9		amended to read as follows:
16	10		(a) The following persons may file an application for a
17	11		protective order under this chapter without regard to the
18	12		relationship between the applicant and the alleged offender:
19	13		(1) a person who is the victim of an offense under
20	14		Section 21.02, 21.11, 22.011, 22.021, or 42.072, Penal Code;
21	15		(2) a person who is the victim of an offense under
22	16		Section 20A.02, 20A.03, or 43.05, Penal Code;
23	17		(3) a parent or guardian acting on behalf of a person
24	18		younger than 17 years of age who is the victim of an offense listed
25	19		in Subdivision (1);
26	20		(4) a parent or guardian acting on behalf of a person
27	21		younger than 18 years of age who is the victim of an offense listed
28	22		in Subdivision (2); or
29	23		(5) a prosecuting attorney acting on behalf of a
30	24		person described by Subdivision (1), [or] (2), (3), or (4).
31	25		SECTION 2. The heading to Article 56.021, Code of Criminal
32	26		Procedure, is amended to read as follows:
33	27		Art. 56.021. RIGHTS OF VICTIM OF SEXUAL ASSAULT OR ABUSE,
34	28		STALKING, OR TRAFFICKING.
35	29		SECTION 3. Article 56.021, Code of Criminal Procedure, is
36	30		amended by adding Subsection (d) to read as follows:
37	31		(d) This subsection applies only to a victim of an offense
38	32		under Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.021, 42.072,
39	33		or 43.05, Penal Code. In addition to the rights enumerated in
40	34		Article 56.02 and, if applicable, Subsection (a) of this article, a
41	35		victim described by this subsection or a parent or guardian of the
42	36		victim is entitled to the following rights within the criminal
43	37		justice system:
44	38		(1) the right to request that the attorney
45	39		representing the state, subject to the Texas Disciplinary Rules of
46	40		Professional Conduct, file an application for a protective order
47	41		under Article 7A.01 on behalf of the victim;
48	42		(2) the right to be informed:
49	43		(A) that the victim or the victim's parent or
50	44		guardian, as applicable, may file an application for a protective
51	45		order under Article 7A.01;
52	46		(B) of the court in which the application for a
53	47		protective order may be filed; and
54	48		(C) that, on request of the victim or the
55	49		victim's parent or guardian, as applicable, and subject to the
56	50		Texas Disciplinary Rules of Professional Conduct, the attorney
57	51		representing the state may file the application for a protective
58	52		order;
59	53		(3) if the victim or the victim's parent or guardian,
60	54		as applicable, is present when the defendant is convicted or placed
61	55		on deferred adjudication community supervision, the right to be
62	56		given by the court the information described by Subdivision (2)
63	57		and, if the court has jurisdiction over applications for protective
64	58		orders that are filed under Article 7A.01, the right to file an
65	59		application for a protective order immediately following the
66	60		defendant's conviction or placement on deferred adjudication
67	61		community supervision; and
68	62		(4) if the victim or the victim's parent or guardian,
69	63		as applicable, is not present when the defendant is convicted or
70	64		placed on deferred adjudication community supervision, the right to
71	65		be given by the attorney representing the state the information
72	66		described by Subdivision (2).
73	67		SECTION 4. The change in law made by this Act applies to a
74	68		victim of criminally injurious conduct for which a judgment of
75	69		conviction is entered or a grant of deferred adjudication is made on
76	70		or after the effective date of this Act, regardless of whether the
77	71		criminally injurious conduct occurred before, on, or after the
78	72		effective date of this Act.
79	73		SECTION 5. This Act takes effect September 1, 2015.
80		-	* * * * *
	74	+	______________________________ ______________________________
	75	+	President of the Senate Speaker of the House
	76	+	I certify that H.B. No. 1447 was passed by the House on April
	77	+	13, 2015, by the following vote: Yeas 142, Nays 0, 1 present, not
	78	+	voting.
	79	+	______________________________
	80	+	Chief Clerk of the House
	81	+	I certify that H.B. No. 1447 was passed by the Senate on May
	82	+	27, 2015, by the following vote: Yeas 31, Nays 0.
	83	+	______________________________
	84	+	Secretary of the Senate
	85	+	APPROVED: _____________________
	86	+	Date
	87	+	_____________________
	88	+	Governor