Texas 2015 - 84th Regular

Texas Senate Bill SB630 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	84R27466 JSC-D
2		-	By: Rodríguez, et al. S.B. No. 630
3		-	(Dale)
4		-	Substitute the following for S.B. No. 630: No.
	1	+	S.B. No. 630
5	2
6	3
7		-	A BILL TO BE ENTITLED
8	4		AN ACT
9	5		relating to protective orders for certain victims of sexual assault
10	6		or abuse, stalking, or trafficking.
11	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	8		SECTION 1. Article 7A.01(a), Code of Criminal Procedure, is
13	9		amended to read as follows:
14	10		(a) The following persons may file an application for a
15	11		protective order under this chapter without regard to the
16	12		relationship between the applicant and the alleged offender:
17	13		(1) a person who is the victim of an offense under
18	14		Section 21.02, 21.11, 22.011, 22.021, or 42.072, Penal Code;
19	15		(2) a person who is the victim of an offense under
20	16		Section 20A.02, 20A.03, or 43.05, Penal Code;
21	17		(3) a parent or guardian acting on behalf of a person
22	18		younger than 17 years of age who is the victim of an offense listed
23	19		in Subdivision (1);
24	20		(4) a parent or guardian acting on behalf of a person
25	21		younger than 18 years of age who is the victim of an offense listed
26	22		in Subdivision (2); or
27	23		(5) a prosecuting attorney acting on behalf of a
28	24		person described by Subdivision (1), [or] (2), (3), or (4).
29	25		SECTION 2. The heading to Article 56.021, Code of Criminal
30	26		Procedure, is amended to read as follows:
31	27		Art. 56.021. RIGHTS OF VICTIM OF SEXUAL ASSAULT OR ABUSE,
32	28		STALKING, OR TRAFFICKING.
33	29		SECTION 3. Article 56.021, Code of Criminal Procedure, is
34	30		amended by adding Subsection (d) to read as follows:
35	31		(d) This subsection applies only to a victim of an offense
36	32		under Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.021, 42.072,
37	33		or 43.05, Penal Code. In addition to the rights enumerated in
38	34		Article 56.02 and, if applicable, Subsection (a) of this article, a
39	35		victim described by this subsection or a parent or guardian of the
40	36		victim is entitled to the following rights within the criminal
41	37		justice system:
42	38		(1) the right to request that the attorney
43	39		representing the state, subject to the Texas Disciplinary Rules of
44	40		Professional Conduct, file an application for a protective order
45	41		under Article 7A.01 on behalf of the victim;
46	42		(2) the right to be informed:
47	43		(A) that the victim or the victim's parent or
48	44		guardian, as applicable, may file an application for a protective
49	45		order under Article 7A.01;
50	46		(B) of the court in which the application for a
51	47		protective order may be filed; and
52	48		(C) that, on request of the victim or of the
53	49		victim's parent or guardian, as applicable, and subject to the
54	50		Texas Disciplinary Rules of Professional Conduct, the attorney
55	51		representing the state may file the application for a protective
56	52		order;
57	53		(3) if the victim or the victim's parent or guardian,
58	54		as applicable, is present when the defendant is convicted or placed
59	55		on deferred adjudication community supervision, the right to be
60	56		given by the court the information described by Subdivision (2)
61	57		and, if the court has jurisdiction over applications for protective
62	58		orders that are filed under Article 7A.01, the right to file an
63	59		application for a protective order immediately following the
64	60		defendant's conviction or placement on deferred adjudication
65	61		community supervision; and
66	62		(4) if the victim or the victim's parent or guardian,
67	63		as applicable, is not present when the defendant is convicted or
68	64		placed on deferred adjudication community supervision, the right to
69	65		be given by the attorney representing the state the information
70	66		described by Subdivision (2).
71	67		SECTION 4. The change in law made by this Act applies to a
72	68		victim of criminally injurious conduct for which a judgment of
73	69		conviction is entered or a grant of deferred adjudication is made on
74	70		or after the effective date of this Act, regardless of whether the
75	71		criminally injurious conduct occurred before, on, or after the
76	72		effective date of this Act.
77	73		SECTION 5. This Act takes effect September 1, 2015.
	74	+	______________________________ ______________________________
	75	+	President of the Senate Speaker of the House
	76	+	I hereby certify that S.B. No. 630 passed the Senate on
	77	+	March 25, 2015, by the following vote: Yeas 31, Nays 0; and that
	78	+	the Senate concurred in House amendment on May 30, 2015, by the
	79	+	following vote: Yeas 31, Nays 0.
	80	+	______________________________
	81	+	Secretary of the Senate
	82	+	I hereby certify that S.B. No. 630 passed the House, with
	83	+	amendment, on May 27, 2015, by the following vote: Yeas 144,
	84	+	Nays 0, two present not voting.
	85	+	______________________________
	86	+	Chief Clerk of the House
	87	+	Approved:
	88	+	______________________________
	89	+	Date
	90	+	______________________________
	91	+	Governor