By: Landgraf H.B. No. 2315
A BILL TO BE ENTITLED
AN ACT
relating to establishing a protective order registry and the duties
of courts in regard to the registry.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 72, Government Code, is amended by
adding Subchapter G to read as follows:
SUBCHAPTER G. PROTECTIVE ORDER REGISTRY
Sec. 72.201. DEFINITIONS. In this subchapter:
(1) "Authorized user" means a person to whom the
office has given permission and the means to submit, modify, or
remove records in the registry. The term does not include members
of the public who may only request and view through the registry's
Internet website certain information regarding protective orders
entered into the registry.
(2) "Peace officer" has the meaning assigned by
Article 2.12, Code of Criminal Procedure.
(3) "Protective order" means an injunction or other
order issued by a court in this state to prevent an individual from
engaging in violent or threatening acts against, harassing,
contacting or communicating with, or being in physical proximity to
another individual. The term includes a magistrate's order for
emergency protection issued under Article 17.292, Code of Criminal
Procedure.
(4) "Protective order registry" or "registry" means
the protective order registry established under Section 72.203.
(5) "Race or ethnicity" means of a particular descent,
including Caucasian, African, Hispanic, Asian, or Native American
descent.
Sec. 72.202. APPLICABILITY. This subchapter applies only
to:
(1) an application for a protective order filed under
Chapter 82, Family Code, or Article 17.292, Code of Criminal
Procedure; and
(2) a protective order issued under Chapter 83 or 85,
Family Code, or Article 17.292, Code of Criminal Procedure.
Sec. 72.203. PROTECTIVE ORDER REGISTRY. (a) In
consultation with the Department of Public Safety and the courts of
this state, the office shall establish and maintain a central,
computerized, and Internet-based registry for applications for
protective orders filed in this state and protective orders issued
in this state.
(b) The office shall establish and maintain the registry in
a manner that allows municipal and county case management systems
to easily interface with the registry.
Sec. 72.204. PUBLIC ACCESS TO PROTECTIVE ORDER REGISTRY.
(a) The office shall establish and maintain the registry in a
manner that allows any person, free of charge, to electronically
search for and receive publicly accessible information contained in
the registry regarding each protective order issued in this state
that has not yet expired or been vacated. The registry must be
searchable by county and name and birth year of the person who is
the subject of the protective order.
(b) Publicly accessible information must consist of the
following:
(1) the court that issued the protective order;
(2) the case number;
(3) the full name, county of residence, birth year,
and race or ethnicity of the person who is the subject of the
protective order;
(4) the dates the protective order was issued and
served;
(5) the date the protective order was vacated, if
applicable; and
(6) the date the protective order expires.
(c) A member of the public may only access the information
in the registry described by Subsection (b).
Sec. 72.205. RESTRICTED ACCESS TO PROTECTIVE ORDER
REGISTRY. (a) The registry must include a copy of each application
for a protective order filed in this state and a copy of each
protective order issued in this state, including a vacated or
expired order. Only an authorized user, district attorney,
criminal district attorney, county attorney, or peace officer may
access that information under the registry.
(b) The office shall ensure that a district attorney,
criminal district attorney, county attorney, city attorney, or
peace officer is able to search for and receive a copy of a filed
application for a protective order or a copy of an issued protective
order through the registry's Internet website.
Sec. 72.206. ENTRY OF APPLICATIONS. (a) Except as provided
by Subsection (c), as soon as possible but not later than 12 hours
after the time an application for a protective order is filed, the
court shall enter a copy of the application into the registry.
(b) The court shall ensure that a member of the public is not
able to view through the registry's Internet website the
application or any information related to the application entered
into the registry under Subsection (a).
(c) A court may delay entering information under Subsection
(a) into the registry only to the extent that the court lacks the
specific information required to be entered.
Sec. 72.207. ENTRY OF ORDERS. (a) Except as provided by
Subsection (c) and Section 72.208, as soon as possible but not later
than 12 hours after the time a magistrate issues an original or
modified protective order or extends the duration of a protective
order, the magistrate shall enter into the registry:
(1) a copy of the order and, if applicable, a notation
regarding any modification or extension of the order; and
(2) the information required under Section 72.204(b).
(b)
For a protective order that is vacated or that has
expired, the applicable court shall modify the record of the order
in the registry:
(1) to reflect the order's status as vacated or
expired; and
(2) to remove the ability of a member of the public to
view through the registry's Internet website information about the
record as described by Section 72.204(b).
(c) A court may delay entering information under Subsection
(a) into the registry only to the extent that the court lacks the
specific information required to be entered.
Sec. 72.208. REQUEST FOR REMOVAL OF INFORMATION FROM PUBLIC
VIEW. On request by a person protected by an order or member of the
family or household of a person protected by an order, other than
the person who is the subject of the protective order, the
magistrate shall remove the ability of a member of the public to
view through the registry's Internet website information about the
record as described by Section 72.204(b). The magistrate may not
restrict access to or remove information from the registry so that
an authorized user, district attorney, criminal district attorney,
county attorney, or peace officer is unable to search for and
receive a copy of the order or information about the order.
Sec. 72.209. APPLICABLE ORDERS. An order issued by a
magistrate under Article 17.292, Code of Criminal Procedure is
subject to this subchapter.
Sec. 72.210. USE OF STAFF. A magistrate may use any
available staff and resources to carry out the magistrate's duties
under this subchapter.
SECTION 2. (a) Except as provided by Subsection (b) of this
section, not later than January 1, 2018, the Office of Court
Administration of the Texas Judicial System shall establish the
protective order registry required by Section 72.203, Government
Code, as added by this Act.
(b) The Office of Court Administration of the Texas Judicial
System may delay establishing the protective order registry
described by Subsection (a) of this section for a period not to
exceed 90 days if the delay is authorized by resolution of the Texas
Judicial Council.
(c) Not later than January 1, 2018, the Office of Court
Administration of the Texas Judicial System shall establish and
supervise a training program for magistrates, court staff, and
peace officers on use of the protective order registry described by
Subsection (a) of this section. The training program must:
(1) emphasize the magistrate's duties in regards to
the registry; and
(2) make all materials for use in the training program
available to magistrates, court staff, and peace officers.
SECTION 3. Subchapter G, Chapter 72, Government Code, as
added by this Act, applies only to an application for a protective
order filed or a protective order issued on or after January 1,
2018.
SECTION 4. This Act takes effect September 1, 2017.