Texas 2017 - 85th Regular

Texas House Bill HB289 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R2540 JSC-D
2	2	By: Phelan H.B. No. 289
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to protective orders for certain children who are victims
8	8	of abuse or neglect.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 261, Family Code, is amended by adding
11	11	Subchapter F to read as follows:
12	12	SUBCHAPTER F. PROTECTIVE ORDER IN CERTAIN CASES OF ABUSE OR NEGLECT
13	13	Sec. 261.501. FILING APPLICATION FOR PROTECTIVE ORDER IN
14	14	CERTAIN CASES OF ABUSE OR NEGLECT. The department may file an
15	15	application for a protective order for a child's protection under
16	16	this subchapter on the department's own initiative or jointly with
17	17	a parent, relative, or caregiver of the child who requests the
18	18	filing of the application if the department:
19	19	(1) determines that:
20	20	(A) the child is a victim of abuse or neglect; and
21	21	(B) there is an immediate or continuing danger of
22	22	abuse or neglect to the child; and
23	23	(2) is not otherwise authorized to apply for a
24	24	protective order for the child's protection under Chapter 82.
25	25	Sec. 261.502. CERTIFICATION OF FINDINGS. (a) In making the
26	26	application under this subchapter, the department must certify
27	27	that:
28	28	(1) the department has diligently searched for and:
29	29	(A) was unable to locate the child's parent,
30	30	legal guardian, or custodian, other than the respondent to the
31	31	application; or
32	32	(B) located and provided notice of the proposed
33	33	application to the child's parent, legal guardian, or custodian,
34	34	other than the respondent to the application; and
35	35	(2) if applicable, the relative or caregiver who is
36	36	jointly filing the petition, or with whom the child would reside
37	37	following an entry of the protective order, has not abused or
38	38	neglected the child and does not have a history of abuse or neglect.
39	39	(b) An application for a temporary ex parte order under
40	40	Section 261.503 may be filed without making the findings required
41	41	by Subsection (a) if the department certifies that the department
42	42	believes that there is an immediate danger of abuse or neglect to
43	43	the child.
44	44	Sec. 261.503. TEMPORARY EX PARTE ORDER. If the court finds
45	45	from the information contained in an application for a protective
46	46	order that there is an immediate danger of abuse or neglect to the
47	47	child, the court, without further notice to the respondent and
48	48	without a hearing, may enter a temporary ex parte order for the
49	49	protection of the child.
50	50	Sec. 261.504. REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE
51	51	ORDER. (a) At the close of a hearing on an application for a
52	52	protective order under this subchapter, the court shall find
53	53	whether there are reasonable grounds to believe that the child is
54	54	the victim of abuse or neglect and that there is an immediate or
55	55	continuing danger of abuse or neglect to the child.
56	56	(b) If the court makes an affirmative finding under
57	57	Subsection (a), the court shall issue a protective order that
58	58	includes a statement of that finding.
59	59	Sec. 261.505. APPLICATION OF OTHER LAW. To the extent
60	60	applicable, except as otherwise provided by this subchapter, Title
61	61	4 applies to a protective order issued under this subchapter.
62	62	SECTION 2. The heading to Section 25.07, Penal Code, is
63	63	amended to read as follows:
64	64	Sec. 25.07. VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS
65	65	OF BOND IN A FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT, SEXUAL ASSAULT
66	66	OR ABUSE, STALKING, OR TRAFFICKING CASE.
67	67	SECTION 3. Section 25.07(a), Penal Code, is amended to read
68	68	as follows:
69	69	(a) A person commits an offense if, in violation of a
70	70	condition of bond set in a family violence, sexual assault or abuse,
71	71	stalking, or trafficking case and related to the safety of a victim
72	72	or the safety of the community, an order issued under Chapter 7A,
73	73	Code of Criminal Procedure, an order issued under Article 17.292,
74	74	Code of Criminal Procedure, an order issued under Section 6.504,
75	75	Family Code, Chapter 83, Family Code, if the temporary ex parte
76	76	order has been served on the person, [or] Chapter 85, Family Code,
77	77	or Subchapter F, Chapter 261, Family Code, or an order issued by
78	78	another jurisdiction as provided by Chapter 88, Family Code, the
79	79	person knowingly or intentionally:
80	80	(1) commits family violence or an act in furtherance
81	81	of an offense under Section 20A.02, 22.011, 22.021, or 42.072;
82	82	(2) communicates:
83	83	(A) directly with a protected individual or a
84	84	member of the family or household in a threatening or harassing
85	85	manner;
86	86	(B) a threat through any person to a protected
87	87	individual or a member of the family or household; or
88	88	(C) in any manner with the protected individual
89	89	or a member of the family or household except through the person's
90	90	attorney or a person appointed by the court, if the violation is of
91	91	an order described by this subsection and the order prohibits any
92	92	communication with a protected individual or a member of the family
93	93	or household;
94	94	(3) goes to or near any of the following places as
95	95	specifically described in the order or condition of bond:
96	96	(A) the residence or place of employment or
97	97	business of a protected individual or a member of the family or
98	98	household; or
99	99	(B) any child care facility, residence, or school
100	100	where a child protected by the order or condition of bond normally
101	101	resides or attends;
102	102	(4) possesses a firearm;
103	103	(5) harms, threatens, or interferes with the care,
104	104	custody, or control of a pet, companion animal, or assistance
105	105	animal that is possessed by a person protected by the order or
106	106	condition of bond; or
107	107	(6) removes, attempts to remove, or otherwise tampers
108	108	with the normal functioning of a global positioning monitoring
109	109	system.
110	110	SECTION 4. The heading to Section 25.072, Penal Code, is
111	111	amended to read as follows:
112	112	Sec. 25.072. REPEATED VIOLATION OF CERTAIN COURT ORDERS OR
113	113	CONDITIONS OF BOND IN FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT,
114	114	SEXUAL ASSAULT OR ABUSE, STALKING, OR TRAFFICKING CASE.
115	115	SECTION 5. This Act takes effect September 1, 2017.