| 1 | 1 | | 84R2302 JSC-F |
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| 2 | 2 | | By: Moody H.B. No. 2653 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to protective orders for certain victims of sexual assault |
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| 8 | 8 | | or abuse, stalking, or trafficking. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Article 7A.01(a), Code of Criminal Procedure, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (a) The following persons may file an application for a |
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| 13 | 13 | | protective order under this chapter without regard to the |
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| 14 | 14 | | relationship between the applicant and the alleged offender: |
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| 15 | 15 | | (1) a person who is the victim of an offense under |
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| 16 | 16 | | Section 21.02, 21.11, 22.011, 22.021, or 42.072, Penal Code; |
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| 17 | 17 | | (2) a person who is the victim of an offense under |
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| 18 | 18 | | Section 20A.02, 20A.03, or 43.05, Penal Code; |
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| 19 | 19 | | (3) a parent or guardian acting on behalf of a person |
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| 20 | 20 | | younger than 17 years of age who is the victim of an offense listed |
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| 21 | 21 | | in Subdivision (1); |
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| 22 | 22 | | (4) a parent or guardian acting on behalf of a person |
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| 23 | 23 | | younger than 18 years of age who is the victim of an offense listed |
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| 24 | 24 | | in Subdivision (2); or |
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| 25 | 25 | | (5) a prosecuting attorney acting on behalf of a |
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| 26 | 26 | | person described by Subdivision (1) or (2). |
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| 27 | 27 | | SECTION 2. The heading to Article 56.021, Code of Criminal |
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| 28 | 28 | | Procedure, is amended to read as follows: |
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| 29 | 29 | | Art. 56.021. RIGHTS OF VICTIM OF SEXUAL ASSAULT OR ABUSE, |
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| 30 | 30 | | STALKING, OR TRAFFICKING. |
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| 31 | 31 | | SECTION 3. Article 56.021, Code of Criminal Procedure, is |
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| 32 | 32 | | amended by adding Subsection (d) to read as follows: |
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| 33 | 33 | | (d) This subsection applies only to a victim of an offense |
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| 34 | 34 | | under Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.021, 42.072, |
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| 35 | 35 | | or 43.05, Penal Code. In addition to the rights enumerated in |
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| 36 | 36 | | Article 56.02 and, if applicable, Subsection (a) of this article, a |
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| 37 | 37 | | victim described by this subsection or a parent or guardian of the |
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| 38 | 38 | | victim is entitled to the following rights within the criminal |
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| 39 | 39 | | justice system: |
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| 40 | 40 | | (1) the right to have the attorney representing the |
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| 41 | 41 | | state, on request, file an application for a protective order under |
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| 42 | 42 | | Article 7A.01 on behalf of the victim; |
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| 43 | 43 | | (2) the right to be informed: |
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| 44 | 44 | | (A) that the victim or the victim's parent or |
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| 45 | 45 | | guardian, as applicable, may file an application for a protective |
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| 46 | 46 | | order under Article 7A.01; |
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| 47 | 47 | | (B) of the court in which the application for a |
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| 48 | 48 | | protective order may be filed; and |
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| 49 | 49 | | (C) that the victim or victim's parent or |
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| 50 | 50 | | guardian, as applicable, may request that the attorney representing |
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| 51 | 51 | | the state file the application for a protective order; |
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| 52 | 52 | | (3) if the victim or victim's parent or guardian, as |
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| 53 | 53 | | applicable, is present when the defendant is convicted or placed on |
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| 54 | 54 | | deferred adjudication community supervision, the right to be given |
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| 55 | 55 | | by the court the information described by Subdivision (2) and, if |
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| 56 | 56 | | the court has jurisdiction over applications for protective orders |
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| 57 | 57 | | that are filed under Article 7A.01, the right to file an application |
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| 58 | 58 | | for a protective order immediately following the defendant's |
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| 59 | 59 | | conviction or placement on deferred adjudication community |
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| 60 | 60 | | supervision; and |
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| 61 | 61 | | (4) if the victim or victim's parent or guardian, as |
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| 62 | 62 | | applicable, is not present when the defendant is convicted or |
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| 63 | 63 | | placed on deferred adjudication community supervision, the right to |
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| 64 | 64 | | be given by the attorney representing the state the information |
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| 65 | 65 | | described by Subdivision (2). |
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| 66 | 66 | | SECTION 4. The change in law made by this Act applies to a |
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| 67 | 67 | | victim of criminally injurious conduct for which a judgment of |
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| 68 | 68 | | conviction is entered or a grant of deferred adjudication is made on |
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| 69 | 69 | | or after the effective date of this Act, regardless of whether the |
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| 70 | 70 | | criminally injurious conduct occurred before, on, or after the |
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| 71 | 71 | | effective date of this Act. |
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| 72 | 72 | | SECTION 5. This Act takes effect September 1, 2015. |
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