By: Sherman, Sr., et al. H.B. No. 3824
A BILL TO BE ENTITLED
AN ACT
relating to an affirmative finding of family violence entered in
the trial of certain offenses and to service of a notice of a
temporary ex parte family violence protective order.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 42.013, Code of Criminal Procedure, is
amended to read as follows:
Art. 42.013. FINDING OF FAMILY VIOLENCE. In the trial of an
offense under Title 5, Penal Code, or Section 25.07, 25.071,
25.072, 25.11, or 42.072, Penal Code, if the court determines that
the offense involved family violence, as defined by Section 71.004,
Family Code, the court shall make an affirmative finding of that
fact and enter the affirmative finding in the judgment of the case.
SECTION 2. Article 42A.504(b), Code of Criminal Procedure,
is amended to read as follows:
(b) If a judge grants community supervision to a defendant
convicted of an offense [under Title 5, Penal Code,] that the court
determines involves family violence, the judge shall require the
defendant to pay $100 to a family violence center that:
(1) receives state or federal funds; and
(2) serves the county in which the court is located.
SECTION 3. Section 81.0015, Family Code, is amended to read
as follows:
Sec. 81.0015. PRESUMPTION. For purposes of this subtitle,
there is a presumption that family violence has occurred and is
likely to occur in the future if:
(1) the respondent has been convicted of or placed on
deferred adjudication community supervision for any of the
following offenses against the child for whom the petition is
filed:
(A) an offense [under Title 5, Penal Code,] for
which the court has made an affirmative finding that the offense
involved family violence under Article 42.013, Code of Criminal
Procedure; or
(B) an offense under Title 6, Penal Code;
(2) the respondent's parental rights with respect to
the child have been terminated; and
(3) the respondent is seeking or attempting to seek
contact with the child.
SECTION 4. Chapter 83, Family Code, is amended by adding
Section 83.0015 to read as follows:
Sec. 83.0015. SERVICE OF NOTICE OF TEMPORARY EX PARTE
ORDER. Notice of a temporary ex parte order issued under this
chapter must be served personally on the respondent.
SECTION 5. Section 83.0015, Family Code, as added by this
Act, applies only to a temporary ex parte protective order issued
under Chapter 83, Family Code, on or after the effective date of
this Act. A temporary ex parte protective order issued under
Chapter 83, Family Code, before the effective date of this Act is
governed by the law in effect immediately before that date, and the
former law is continued in effect for that purpose.
SECTION 6. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense was
committed before that date.
SECTION 7. This Act takes effect September 1, 2019.