| 1 | | - | By: Raymond (Senate Sponsor - Zaffirini) H.B. No. 388 |
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| 2 | | - | (In the Senate - Received from the House April 20, 2015; |
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| 3 | | - | May 4, 2015, read first time and referred to Committee on State |
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| 4 | | - | Affairs; May 18, 2015, reported favorably by the following vote: |
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| 5 | | - | Yeas 8, Nays 0; May 18, 2015, sent to printer.) |
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| 6 | | - | Click here to see the committee vote |
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| 1 | + | H.B. No. 388 |
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| 10 | 4 | | AN ACT |
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| 11 | 5 | | relating to the duration of protective orders issued in cases of |
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| 12 | 6 | | family violence against persons who are subsequently confined or |
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| 13 | 7 | | imprisoned. |
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| 14 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 15 | 9 | | SECTION 1. Section 85.025(c), Family Code, is amended to |
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| 16 | 10 | | read as follows: |
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| 17 | 11 | | (c) If a person who is the subject of a protective order is |
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| 18 | 12 | | confined or imprisoned on the date the protective order would |
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| 19 | 13 | | expire under Subsection (a) or (a-1), or if the protective order |
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| 20 | 14 | | would expire not later than the first anniversary of the date the |
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| 21 | 15 | | person is released from confinement or imprisonment, the period for |
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| 22 | 16 | | which the order is effective is extended, and the order expires on: |
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| 23 | 17 | | (1) the first anniversary of the date the person is |
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| 24 | 18 | | released from confinement or imprisonment, if the person was |
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| 25 | 19 | | sentenced to confinement or imprisonment for more than five years; |
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| 26 | 20 | | or |
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| 27 | 21 | | (2) the second anniversary of the date the person is |
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| 28 | 22 | | released from confinement or imprisonment, if the person was |
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| 29 | 23 | | sentenced to confinement or imprisonment for five years or less. |
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| 30 | 24 | | SECTION 2. Section 85.025(c), Family Code, as amended by |
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| 31 | 25 | | this Act, applies only to a protective order issued on or after the |
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| 32 | 26 | | effective date of this Act. A protective order issued before the |
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| 33 | 27 | | effective date of this Act is governed by the law in effect on the |
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| 34 | 28 | | date the order is issued, and the former law is continued in effect |
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| 35 | 29 | | for that purpose. |
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| 36 | 30 | | SECTION 3. This Act takes effect immediately if it receives |
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| 37 | 31 | | a vote of two-thirds of all the members elected to each house, as |
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| 38 | 32 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 39 | 33 | | Act does not receive the vote necessary for immediate effect, this |
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| 40 | 34 | | Act takes effect September 1, 2015. |
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| 41 | | - | * * * * * |
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| 35 | + | ______________________________ ______________________________ |
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| 36 | + | President of the Senate Speaker of the House |
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| 37 | + | I certify that H.B. No. 388 was passed by the House on April |
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| 38 | + | 16, 2015, by the following vote: Yeas 146, Nays 0, 2 present, not |
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| 39 | + | voting. |
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| 40 | + | ______________________________ |
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| 41 | + | Chief Clerk of the House |
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| 42 | + | I certify that H.B. No. 388 was passed by the Senate on May |
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| 43 | + | 22, 2015, by the following vote: Yeas 31, Nays 0. |
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| 44 | + | ______________________________ |
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| 45 | + | Secretary of the Senate |
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| 46 | + | APPROVED: _____________________ |
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| 47 | + | Date |
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| 48 | + | _____________________ |
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| 49 | + | Governor |
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