Texas 2017 - 85th Regular

Texas House Bill HB2315 Compare Versions

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1	1	By: Landgraf H.B. No. 2315
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to establishing a protective order registry and the duties
7	7	of courts in regard to the registry.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 72, Government Code, is amended by
10	10	adding Subchapter G to read as follows:
11	11	SUBCHAPTER G. PROTECTIVE ORDER REGISTRY
12	12	Sec. 72.201. DEFINITIONS. In this subchapter:
13	13	(1) "Authorized user" means a person to whom the
14	14	office has given permission and the means to submit, modify, or
15	15	remove records in the registry. The term does not include members
16	16	of the public who may only request and view through the registry's
17	17	Internet website certain information regarding protective orders
18	18	entered into the registry.
19	19	(2) "Peace officer" has the meaning assigned by
20	20	Article 2.12, Code of Criminal Procedure.
21	21	(3) "Protective order" means an injunction or other
22	22	order issued by a court in this state to prevent an individual from
23	23	engaging in violent or threatening acts against, harassing,
24	24	contacting or communicating with, or being in physical proximity to
25	25	another individual. The term includes a magistrate's order for
26	26	emergency protection issued under Article 17.292, Code of Criminal
27	27	Procedure.
28	28	(4) "Protective order registry" or "registry" means
29	29	the protective order registry established under Section 72.203.
30	30	(5) "Race or ethnicity" means of a particular descent,
31	31	including Caucasian, African, Hispanic, Asian, or Native American
32	32	descent.
33	33	Sec. 72.202. APPLICABILITY. This subchapter applies only
34	34	to:
35	35	(1) an application for a protective order filed under
36	36	Chapter 82, Family Code, or Article 17.292, Code of Criminal
37	37	Procedure; and
38	38	(2) a protective order issued under Chapter 83 or 85,
39	39	Family Code, or Article 17.292, Code of Criminal Procedure.
40	40	Sec. 72.203. PROTECTIVE ORDER REGISTRY. (a) In
41	41	consultation with the Department of Public Safety and the courts of
42	42	this state, the office shall establish and maintain a central,
43	43	computerized, and Internet-based registry for applications for
44	44	protective orders filed in this state and protective orders issued
45	45	in this state.
46	46	(b) The office shall establish and maintain the registry in
47	47	a manner that allows municipal and county case management systems
48	48	to easily interface with the registry.
49	49	Sec. 72.204. PUBLIC ACCESS TO PROTECTIVE ORDER REGISTRY.
50	50	(a) The office shall establish and maintain the registry in a
51	51	manner that allows any person, free of charge, to electronically
52	52	search for and receive publicly accessible information contained in
53	53	the registry regarding each protective order issued in this state
54	54	that has not yet expired or been vacated. The registry must be
55	55	searchable by county and name and birth year of the person who is
56	56	the subject of the protective order.
57	57	(b) Publicly accessible information must consist of the
58	58	following:
59	59	(1) the court that issued the protective order;
60	60	(2) the case number;
61	61	(3) the full name, county of residence, birth year,
62	62	and race or ethnicity of the person who is the subject of the
63	63	protective order;
64	64	(4) the dates the protective order was issued and
65	65	served;
66	66	(5) the date the protective order was vacated, if
67	67	applicable; and
68	68	(6) the date the protective order expires.
69	69	(c) A member of the public may only access the information
70	70	in the registry described by Subsection (b).
71	71	Sec. 72.205. RESTRICTED ACCESS TO PROTECTIVE ORDER
72	72	REGISTRY. (a) The registry must include a copy of each application
73	73	for a protective order filed in this state and a copy of each
74	74	protective order issued in this state, including a vacated or
75	75	expired order. Only an authorized user, district attorney,
76	76	criminal district attorney, county attorney, or peace officer may
77	77	access that information under the registry.
78	78	(b) The office shall ensure that a district attorney,
79	79	criminal district attorney, county attorney, city attorney, or
80	80	peace officer is able to search for and receive a copy of a filed
81	81	application for a protective order or a copy of an issued protective
82	82	order through the registry's Internet website.
83	83	Sec. 72.206. ENTRY OF APPLICATIONS. (a) Except as provided
84	84	by Subsection (c), as soon as possible but not later than 12 hours
85	85	after the time an application for a protective order is filed, the
86	86	court shall enter a copy of the application into the registry.
87	87	(b) The court shall ensure that a member of the public is not
88	88	able to view through the registry's Internet website the
89	89	application or any information related to the application entered
90	90	into the registry under Subsection (a).
91	91	(c) A court may delay entering information under Subsection
92	92	(a) into the registry only to the extent that the court lacks the
93	93	specific information required to be entered.
94	94	Sec. 72.207. ENTRY OF ORDERS. (a) Except as provided by
95	95	Subsection (c) and Section 72.208, as soon as possible but not later
96	96	than 12 hours after the time a magistrate issues an original or
97	97	modified protective order or extends the duration of a protective
98	98	order, the magistrate shall enter into the registry:
99	99	(1) a copy of the order and, if applicable, a notation
100	100	regarding any modification or extension of the order; and
101	101	(2) the information required under Section 72.204(b).
102	102	(b)
103	103	For a protective order that is vacated or that has
104	104	expired, the applicable court shall modify the record of the order
105	105	in the registry:
106	106	(1) to reflect the order's status as vacated or
107	107	expired; and
108	108	(2) to remove the ability of a member of the public to
109	109	view through the registry's Internet website information about the
110	110	record as described by Section 72.204(b).
111	111	(c) A court may delay entering information under Subsection
112	112	(a) into the registry only to the extent that the court lacks the
113	113	specific information required to be entered.
114	114	Sec. 72.208. REQUEST FOR REMOVAL OF INFORMATION FROM PUBLIC
115	115	VIEW. On request by a person protected by an order or member of the
116	116	family or household of a person protected by an order, other than
117	117	the person who is the subject of the protective order, the
118	118	magistrate shall remove the ability of a member of the public to
119	119	view through the registry's Internet website information about the
120	120	record as described by Section 72.204(b). The magistrate may not
121	121	restrict access to or remove information from the registry so that
122	122	an authorized user, district attorney, criminal district attorney,
123	123	county attorney, or peace officer is unable to search for and
124	124	receive a copy of the order or information about the order.
125	125	Sec. 72.209. APPLICABLE ORDERS. An order issued by a
126	126	magistrate under Article 17.292, Code of Criminal Procedure is
127	127	subject to this subchapter.
128	128	Sec. 72.210. USE OF STAFF. A magistrate may use any
129	129	available staff and resources to carry out the magistrate's duties
130	130	under this subchapter.
131	131	SECTION 2. (a) Except as provided by Subsection (b) of this
132	132	section, not later than January 1, 2018, the Office of Court
133	133	Administration of the Texas Judicial System shall establish the
134	134	protective order registry required by Section 72.203, Government
135	135	Code, as added by this Act.
136	136	(b) The Office of Court Administration of the Texas Judicial
137	137	System may delay establishing the protective order registry
138	138	described by Subsection (a) of this section for a period not to
139	139	exceed 90 days if the delay is authorized by resolution of the Texas
140	140	Judicial Council.
141	141	(c) Not later than January 1, 2018, the Office of Court
142	142	Administration of the Texas Judicial System shall establish and
143	143	supervise a training program for magistrates, court staff, and
144	144	peace officers on use of the protective order registry described by
145	145	Subsection (a) of this section. The training program must:
146	146	(1) emphasize the magistrate's duties in regards to
147	147	the registry; and
148	148	(2) make all materials for use in the training program
149	149	available to magistrates, court staff, and peace officers.
150	150	SECTION 3. Subchapter G, Chapter 72, Government Code, as
151	151	added by this Act, applies only to an application for a protective
152	152	order filed or a protective order issued on or after January 1,
153	153	2018.
154	154	SECTION 4. This Act takes effect September 1, 2017.