| 1 | 1 | | 87R6591 TSS-F |
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| 2 | 2 | | By: Sherman, Sr. H.B. No. 1645 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to an affirmative finding of family violence entered in |
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| 8 | 8 | | the trial of certain offenses and to certain family violence |
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| 9 | 9 | | protective orders. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Article 42.013, Code of Criminal Procedure, is |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | Art. 42.013. FINDING OF FAMILY VIOLENCE. In the trial of an |
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| 14 | 14 | | offense under any provision of the [Title 5,] Penal Code, if the |
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| 15 | 15 | | court determines that the offense involved family violence, as |
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| 16 | 16 | | defined by Section 71.004, Family Code, the court shall make an |
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| 17 | 17 | | affirmative finding of that fact and enter the affirmative finding |
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| 18 | 18 | | in the judgment of the case. |
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| 19 | 19 | | SECTION 2. Article 42A.504(b), Code of Criminal Procedure, |
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| 20 | 20 | | is amended to read as follows: |
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| 21 | 21 | | (b) If a judge grants community supervision to a defendant |
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| 22 | 22 | | convicted of an offense [under Title 5, Penal Code,] that the court |
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| 23 | 23 | | determines involves family violence, the judge shall require the |
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| 24 | 24 | | defendant to pay a fine of $100 to a family violence center that: |
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| 25 | 25 | | (1) receives state or federal funds; and |
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| 26 | 26 | | (2) serves the county in which the court is located. |
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| 27 | 27 | | SECTION 3. Section 81.0015, Family Code, is amended to read |
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| 28 | 28 | | as follows: |
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| 29 | 29 | | Sec. 81.0015. PRESUMPTION. For purposes of this subtitle, |
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| 30 | 30 | | there is a presumption that family violence has occurred and is |
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| 31 | 31 | | likely to occur in the future if: |
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| 32 | 32 | | (1) the respondent has been convicted of or placed on |
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| 33 | 33 | | deferred adjudication community supervision for any of the |
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| 34 | 34 | | following offenses against the child for whom the petition is |
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| 35 | 35 | | filed: |
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| 36 | 36 | | (A) an offense [under Title 5, Penal Code,] for |
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| 37 | 37 | | which the court has made an affirmative finding that the offense |
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| 38 | 38 | | involved family violence under Article 42.013, Code of Criminal |
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| 39 | 39 | | Procedure; or |
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| 40 | 40 | | (B) an offense under Title 6, Penal Code; |
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| 41 | 41 | | (2) the respondent's parental rights with respect to |
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| 42 | 42 | | the child have been terminated; and |
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| 43 | 43 | | (3) the respondent is seeking or attempting to seek |
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| 44 | 44 | | contact with the child. |
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| 45 | 45 | | SECTION 4. Chapter 83, Family Code, is amended by adding |
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| 46 | 46 | | Section 83.0015 to read as follows: |
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| 47 | 47 | | Sec. 83.0015. SERVICE OF NOTICE OF TEMPORARY EX PARTE |
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| 48 | 48 | | ORDER. Notice of a temporary ex parte order issued under this |
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| 49 | 49 | | chapter must be served personally on the respondent. |
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| 50 | 50 | | SECTION 5. Articles 42.013 and 42A.504(b), Code of Criminal |
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| 51 | 51 | | Procedure, as amended by this Act, apply only to an offense |
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| 52 | 52 | | committed on or after the effective date of this Act. An offense |
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| 53 | 53 | | committed before the effective date of this Act is governed by the |
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| 54 | 54 | | law in effect on the date the offense was committed, and the former |
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| 55 | 55 | | law is continued in effect for that purpose. For purposes of this |
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| 56 | 56 | | section, an offense was committed before the effective date of this |
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| 57 | 57 | | Act if any element of the offense was committed before that date. |
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| 58 | 58 | | SECTION 6. Section 83.0015, Family Code, as added by this |
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| 59 | 59 | | Act, applies only to a temporary ex parte protective order issued |
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| 60 | 60 | | under Chapter 83, Family Code, on or after the effective date of |
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| 61 | 61 | | this Act. A temporary ex parte protective order issued under |
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| 62 | 62 | | Chapter 83, Family Code, before the effective date of this Act is |
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| 63 | 63 | | governed by the law in effect immediately before that date, and the |
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| 64 | 64 | | former law is continued in effect for that purpose. |
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| 65 | 65 | | SECTION 7. This Act takes effect September 1, 2021. |
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