Texas 2015 - 84th Regular

Texas House Bill HB1660 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R8993 JSC-F
2	2	By: Moody H.B. No. 1660
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain protective orders and magistrate's orders for
8	8	emergency protection.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 17.292, Code of Criminal Procedure, is
11	11	amended by amending Subsections (h) and (k) and adding Subsections
12	12	(h-1) and (k-1) to read as follows:
13	13	(h) As soon as possible but not later than the next business
14	14	day after the date the [The] magistrate issues [issuing] an order
15	15	for emergency protection under this article, the magistrate shall
16	16	send a copy of the order to the chief of police in the municipality
17	17	where the member of the family or household or individual protected
18	18	by the order resides, if the person resides in a municipality, or to
19	19	the sheriff of the county where the person resides, if the person
20	20	does not reside in a municipality. The magistrate may send the copy
21	21	of the order and any related information electronically or in any
22	22	other manner that can be accessed by the chief of police or sheriff.
23	23	If the victim of the offense is not present when the order is
24	24	issued, the magistrate issuing the order shall order an appropriate
25	25	peace officer to make a good faith effort to notify, within 24
26	26	hours, the victim that the order has been issued by calling the
27	27	victim's residence and place of employment. The clerk of the court
28	28	shall send a copy of the order to the victim at the victim's last
29	29	known address as soon as possible but not later than the next
30	30	business day after the date the order is issued.
31	31	(h-1) A magistrate or clerk of the court may delay sending
32	32	the order under Subsection (h) only if the magistrate or clerk lacks
33	33	information necessary to ensure service and enforcement.
34	34	(k) To ensure that an officer responding to a call is aware
35	35	of the existence and terms of an order for emergency protection
36	36	issued under this article, not later than the next business day
37	37	after the date the law enforcement agency with jurisdiction over
38	38	the location of the victim's current or last known address receives
39	39	a copy of the order, the law enforcement agency shall enter the
40	40	information required under Section 411.042(b)(6), Government Code,
41	41	into the statewide law enforcement information system maintained by
42	42	the Department of Public Safety [each municipal police department
43	43	and sheriff shall establish a procedure within the department or
44	44	office to provide adequate information or access to information for
45	45	peace officers of the names of persons protected by an order for
46	46	emergency protection issued under this article and of persons to
47	47	whom the order is directed. The police department or sheriff may
48	48	enter an order for emergency protection issued under this article
49	49	in the department's or office's record of outstanding warrants as
50	50	notice that the order has been issued and is in effect].
51	51	(k-1) A law enforcement agency may delay entering the
52	52	information required under Subsection (k) only if the agency lacks
53	53	information necessary to ensure service and enforcement.
54	54	SECTION 2. Article 17.292(m), Code of Criminal Procedure,
55	55	is amended by adding Subdivision (3) to read as follows:
56	56	(3) "Business day" means a day other than a Saturday,
57	57	Sunday, or state or national holiday.
58	58	SECTION 3. Section 85.042, Family Code, is amended by
59	59	amending Subsections (a) and (d) and adding Subsections (f) and (g)
60	60	to read as follows:
61	61	(a) Not later than the next business day after the date [The
62	62	clerk of] the court issues [issuing] an original or modified
63	63	protective order under this subtitle, the clerk of the court shall
64	64	send a copy of the order, along with the information provided by the
65	65	applicant or the applicant's attorney that is required under
66	66	Section 411.042(b)(6), Government Code, to:
67	67	(1) the chief of police of the municipality in which
68	68	the person protected by the order resides, if the person resides in
69	69	a municipality;
70	70	(2) the appropriate constable and the sheriff of the
71	71	county in which the person resides, if the person does not reside in
72	72	a municipality; and
73	73	(3) the Title IV-D agency, if the application for the
74	74	protective order indicates that the applicant is receiving services
75	75	from the Title IV-D agency.
76	76	(d) The applicant or the applicant's attorney shall provide
77	77	to the clerk of the court:
78	78	(1) the name and address of each law enforcement
79	79	agency, child-care facility, school, and other individual or entity
80	80	to which the clerk is required to send [mail] a copy of the order
81	81	under this section; and
82	82	(2) any other information required under Section
83	83	411.042(b)(6), Government Code.
84	84	(f) The clerk of the court may transmit the order and any
85	85	related information electronically or in another manner that can be
86	86	accessed by the recipient.
87	87	(g) In this section, "business day" means a day other than a
88	88	Saturday, Sunday, or state or national holiday.
89	89	SECTION 4. Section 86.0011, Family Code, is amended to read
90	90	as follows:
91	91	Sec. 86.0011. DUTY TO ENTER INFORMATION INTO STATEWIDE LAW
92	92	ENFORCEMENT INFORMATION SYSTEM. On receipt of an original or
93	93	modified protective order from the clerk of the issuing court, a law
94	94	enforcement agency shall immediately, but not later than the third
95	95	[10th] day after the date the order is received, enter the
96	96	information required by Section 411.042(b)(6), Government Code,
97	97	into the statewide law enforcement information system maintained by
98	98	the Department of Public Safety.
99	99	SECTION 5. Section 411.042(b), Government Code, is amended
100	100	to read as follows:
101	101	(b) The bureau of identification and records shall:
102	102	(1) procure and file for record photographs, pictures,
103	103	descriptions, fingerprints, measurements, and other pertinent
104	104	information of all persons arrested for or charged with a criminal
105	105	offense or convicted of a criminal offense, regardless of whether
106	106	the conviction is probated;
107	107	(2) collect information concerning the number and
108	108	nature of offenses reported or known to have been committed in the
109	109	state and the legal steps taken in connection with the offenses, and
110	110	other information useful in the study of crime and the
111	111	administration of justice, including information that enables the
112	112	bureau to create a statistical breakdown of:
113	113	(A) offenses in which family violence was
114	114	involved;
115	115	(B) offenses under Sections 22.011 and 22.021,
116	116	Penal Code; and
117	117	(C) offenses under Sections 20A.02 and 43.05,
118	118	Penal Code;
119	119	(3) make ballistic tests of bullets and firearms and
120	120	chemical analyses of bloodstains, cloth, materials, and other
121	121	substances for law enforcement officers of the state;
122	122	(4) cooperate with identification and crime records
123	123	bureaus in other states and the United States Department of
124	124	Justice;
125	125	(5) maintain a list of all previous background checks
126	126	for applicants for any position regulated under Chapter 1702,
127	127	Occupations Code, who have undergone a criminal history background
128	128	check under Section 411.119, if the check indicates a Class B
129	129	misdemeanor or equivalent offense or a greater offense;
130	130	(6) collect information concerning the number and
131	131	nature of protective orders and magistrate's orders of emergency
132	132	protection and all other pertinent information about all persons on
133	133	active [protective] orders, including pertinent information about
134	134	persons subject to conditions of bond imposed for the protection of
135	135	the victim in any family violence, sexual assault or abuse, or
136	136	stalking case. Information in the law enforcement information
137	137	system relating to an active [protective] order shall include:
138	138	(A) the name, sex, race, date of birth, personal
139	139	descriptors, address, and county of residence of the person to whom
140	140	the order is directed;
141	141	(B) any known identifying number of the person to
142	142	whom the order is directed, including the person's social security
143	143	number or driver's license number;
144	144	(C) the name and county of residence of the
145	145	person protected by the order;
146	146	(D) the residence address and place of employment
147	147	or business of the person protected by the order, unless that
148	148	information is excluded from the order under Section 85.007, Family
149	149	Code, or Article 17.292(e), Code of Criminal Procedure;
150	150	(E) the child-care facility or school where a
151	151	child protected by the order normally resides or which the child
152	152	normally attends, unless that information is excluded from the
153	153	order under Section 85.007, Family Code;
154	154	(F) the relationship or former relationship
155	155	between the person who is protected by the order and the person to
156	156	whom the order is directed;
157	157	(G) the conditions of bond imposed on the person
158	158	to whom the order is directed, if any, for the protection of a
159	159	victim in any family violence, sexual assault or abuse, or stalking
160	160	case; [and]
161	161	(H) the minimum distance the person subject to
162	162	the order is required to maintain from the protected places or
163	163	persons; and
164	164	(I) the date the order expires;
165	165	(7) grant access to criminal history record
166	166	information in the manner authorized under Subchapter F;
167	167	(8) collect and disseminate information regarding
168	168	offenders with mental impairments in compliance with Chapter 614,
169	169	Health and Safety Code; and
170	170	(9) record data and maintain a state database for a
171	171	computerized criminal history record system and computerized
172	172	juvenile justice information system that serves:
173	173	(A) as the record creation point for criminal
174	174	history record information and juvenile justice information
175	175	maintained by the state; and
176	176	(B) as the control terminal for the entry of
177	177	records, in accordance with federal law and regulations, federal
178	178	executive orders, and federal policy, into the federal database
179	179	maintained by the Federal Bureau of Investigation.
180	180	SECTION 6. The changes in law made by this Act apply to a
181	181	protective order or magistrate's order of emergency protection
182	182	issued on or after the effective date of this Act, regardless of
183	183	whether the conduct on which the order is based occurred before, on,
184	184	or after that date.
185	185	SECTION 7. This Act takes effect September 1, 2015.