| 1 | 1 | | 84R23398 KKA-F |
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| 2 | 2 | | By: Thompson of Harris H.B. No. 1480 |
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| 3 | 3 | | Substitute the following for H.B. No. 1480: |
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| 4 | 4 | | By: Dutton C.S.H.B. No. 1480 |
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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 definitions of dating violence and family violence |
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| 10 | 10 | | for purposes of the issuance of a protective order. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 71.0021(a), Family Code, is amended to |
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| 13 | 13 | | read as follows: |
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| 14 | 14 | | (a) "Dating violence" means an act, other than a defensive |
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| 15 | 15 | | measure to protect oneself, by an actor that: |
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| 16 | 16 | | (1) is committed against a victim or applicant for a |
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| 17 | 17 | | protective order: |
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| 18 | 18 | | (A) with whom the actor has or has had a dating |
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| 19 | 19 | | relationship; or |
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| 20 | 20 | | (B) because of the victim's or applicant's |
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| 21 | 21 | | marriage to or dating relationship with an individual with whom the |
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| 22 | 22 | | actor is or has been in a dating relationship or marriage; and |
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| 23 | 23 | | (2) is intended to result in physical harm, bodily |
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| 24 | 24 | | injury, assault, or sexual assault or that is a threat that |
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| 25 | 25 | | reasonably places the victim or applicant in fear of imminent |
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| 26 | 26 | | physical harm, bodily injury, assault, or sexual assault. |
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| 27 | 27 | | SECTION 2. Section 71.004, Family Code, is amended to read |
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| 28 | 28 | | as follows: |
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| 29 | 29 | | Sec. 71.004. FAMILY VIOLENCE. "Family violence" means: |
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| 30 | 30 | | (1) an act by a member of a family or household against |
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| 31 | 31 | | another member of the family or household that is intended to result |
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| 32 | 32 | | in physical harm, bodily injury, assault, or sexual assault or that |
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| 33 | 33 | | is a threat that reasonably places the member in fear of imminent |
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| 34 | 34 | | physical harm, bodily injury, assault, or sexual assault, but does |
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| 35 | 35 | | not include defensive measures to protect oneself; |
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| 36 | 36 | | (2) abuse, as that term is defined by Sections |
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| 37 | 37 | | 261.001(1)(A), (C) [261.001(1)(C)], (E), [and] (G), (H), (I), (J), |
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| 38 | 38 | | and (K), by a member of a family or household toward a child of the |
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| 39 | 39 | | family or household; or |
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| 40 | 40 | | (3) dating violence, as that term is defined by |
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| 41 | 41 | | Section 71.0021. |
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| 42 | 42 | | SECTION 3. The changes in law made by this Act apply only to |
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| 43 | 43 | | a request for a protective order that is filed on or after the |
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| 44 | 44 | | effective date of this Act. A request for a protective order filed |
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| 45 | 45 | | before the effective date of this Act is governed by the law in |
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| 46 | 46 | | effect on the date the request is filed, and the former law is |
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| 47 | 47 | | continued in effect for that purpose. |
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| 48 | 48 | | SECTION 4. This Act takes effect September 1, 2015. |
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