S.B. No. 112
AN ACT
relating to the authority of a magistrate to prohibit certain
communications in an order for emergency protection; amending
provisions subject to a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 17.292(c), Code of Criminal Procedure,
is amended to read as follows:
(c) The magistrate in the order for emergency protection may
prohibit the arrested party from:
(1) committing:
(A) family violence or an assault on the person
protected under the order; or
(B) an act in furtherance of an offense under
Section 42.072, Penal Code;
(2) communicating:
(A) directly with a member of the family or
household or with the person protected under the order in a
threatening or harassing manner; [or]
(B) a threat through any person to a member of the
family or household or to the person protected under the order; or
(C) if the magistrate finds good cause, in any
manner with a person protected under the order or a member of the
family or household of a person protected under the order, except
through the party's attorney or a person appointed by the court;
(3) going to or near:
(A) the residence, place of employment, or
business of a member of the family or household or of the person
protected under the order; or
(B) the residence, child care facility, or school
where a child protected under the order resides or attends; or
(4) possessing a firearm, unless the person is a peace
officer, as defined by Section 1.07, Penal Code, actively engaged
in employment as a sworn, full-time paid employee of a state agency
or political subdivision.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 112 passed the Senate on
April 13, 2015, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 13, 2015, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 112 passed the House, with
amendment, on May 5, 2015, by the following vote: Yeas 146,
Nays 0, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor