Texas 2019 - 86th Regular

Texas House Bill HB3824 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Sherman, Sr., et al. H.B. No. 3824
	1	+	86R11845 TSS-F
	2	+	By: Sherman, Sr. H.B. No. 3824
2	3
3	4
4	5		A BILL TO BE ENTITLED
5	6		AN ACT
6	7		relating to an affirmative finding of family violence entered in
7		-	the trial of certain offenses and to service of a notice of a
8		-	temporary ex parte family violence protective order.
	8	+	the trial of certain offenses.
9	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10		SECTION 1. Article 42.013, Code of Criminal Procedure, is
11	11		amended to read as follows:
12	12		Art. 42.013. FINDING OF FAMILY VIOLENCE. In the trial of an
13	13		offense under Title 5, Penal Code, or Section 25.07, 25.071,
14	14		25.072, 25.11, or 42.072, Penal Code, if the court determines that
15	15		the offense involved family violence, as defined by Section 71.004,
16	16		Family Code, the court shall make an affirmative finding of that
17	17		fact and enter the affirmative finding in the judgment of the case.
18	18		SECTION 2. Article 42A.504(b), Code of Criminal Procedure,
19	19		is amended to read as follows:
20	20		(b) If a judge grants community supervision to a defendant
21	21		convicted of an offense [under Title 5, Penal Code,] that the court
22	22		determines involves family violence, the judge shall require the
23	23		defendant to pay $100 to a family violence center that:
24	24		(1) receives state or federal funds; and
25	25		(2) serves the county in which the court is located.
26	26		SECTION 3. Section 81.0015, Family Code, is amended to read
27	27		as follows:
28	28		Sec. 81.0015. PRESUMPTION. For purposes of this subtitle,
29	29		there is a presumption that family violence has occurred and is
30	30		likely to occur in the future if:
31	31		(1) the respondent has been convicted of or placed on
32	32		deferred adjudication community supervision for any of the
33	33		following offenses against the child for whom the petition is
34	34		filed:
35	35		(A) an offense [under Title 5, Penal Code,] for
36	36		which the court has made an affirmative finding that the offense
37	37		involved family violence under Article 42.013, Code of Criminal
38	38		Procedure; or
39	39		(B) an offense under Title 6, Penal Code;
40	40		(2) the respondent's parental rights with respect to
41	41		the child have been terminated; and
42	42		(3) the respondent is seeking or attempting to seek
43	43		contact with the child.
44		-	SECTION 4. Chapter 83, Family Code, is amended by adding
45		-	Section 83.0015 to read as follows:
46		-	Sec. 83.0015. SERVICE OF NOTICE OF TEMPORARY EX PARTE
47		-	ORDER. Notice of a temporary ex parte order issued under this
48		-	chapter must be served personally on the respondent.
49		-	SECTION 5. Section 83.0015, Family Code, as added by this
50		-	Act, applies only to a temporary ex parte protective order issued
51		-	under Chapter 83, Family Code, on or after the effective date of
52		-	this Act. A temporary ex parte protective order issued under
53		-	Chapter 83, Family Code, before the effective date of this Act is
54		-	governed by the law in effect immediately before that date, and the
55		-	former law is continued in effect for that purpose.
56		-	SECTION 6. The change in law made by this Act applies only
	44	+	SECTION 4. The change in law made by this Act applies only
57	45		to an offense committed on or after the effective date of this Act.
58	46		An offense committed before the effective date of this Act is
59	47		governed by the law in effect on the date the offense was committed,
60	48		and the former law is continued in effect for that purpose. For
61	49		purposes of this section, an offense was committed before the
62	50		effective date of this Act if any element of the offense was
63	51		committed before that date.
64		-	SECTION 7. This Act takes effect September 1, 2019.
	52	+	SECTION 5. This Act takes effect September 1, 2019.