Texas 2021 - 87th Regular

Texas House Bill HB3350 Compare Versions

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

Old	New	Differences
1	1	By: Moody H.B. No. 3350
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to a protective order regarding a defendant charged with
7	7	certain offenses against persons or property; creating a criminal
8	8	offense.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 7B, Code of Criminal Procedure, is
11	11	amended by adding Subchapter D to read as follows:
12	12	SUBCHAPTER D. PROTECTIVE ORDER FOR CERTAIN OFFENSES AGAINST PERSONS
13	13	OR PROPERTY
14	14	Art. 7B.151. REQUEST FOR PROTECTIVE ORDER. (a) A person
15	15	who is not otherwise eligible to file an application for a
16	16	protective order under Title 4, Family Code, or another provision
17	17	of this chapter may request the court to issue a protective order
18	18	under Title 4, Family Code, for the protection of the person or the
19	19	person's property at any proceeding in which the defendant appears
20	20	before the court related to an offense under:
21	21	(1) Title 5, Penal Code;
22	22	(2) Title 6, Penal Code;
23	23	(3) Chapter 28, Penal Code;
24	24	(4) Chapter 29, Penal Code;
25	25	(5) Chapter 30, Penal Code;
26	26	(6) Section 42.062, Penal Code; or
27	27	(7) Section 42.07, Penal Code.
28	28	(b) The request under Subsection (a) is made by filing an
29	29	application for a protective order in the same manner as an
30	30	application for a protective order under Title 4, Family Code.
31	31	(c) The request may be made by, as applicable:
32	32	(1) the victim of the offense;
33	33	(2) a parent or guardian acting on behalf of a person
34	34	under 18 years of age who is the victim of the offense; or
35	35	(3) the owner of the property that is the subject of
36	36	the offense.
37	37	Art. 7B.152. REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE
38	38	ORDER. The court shall issue a protective order in the manner
39	39	provided by Title 4, Family Code, if, in lieu of the finding that
40	40	family violence occurred and is likely to occur in the future as
41	41	required by Section 85.001, Family Code, the court finds that:
42	42	(1) probable cause exists to believe that an offense
43	43	listed in Article 7B.151(a) was committed; and
44	44	(2) the nature of the scheme or course of conduct
45	45	engaged in by the defendant in committing the offense indicates the
46	46	defendant is likely in the future to engage in conduct prohibited by
47	47	a provision listed in Article 7B.151(a).
48	48	Art. 7B.153. ENFORCEMENT. The procedure for the
49	49	enforcement of a protective order under Title 4, Family Code,
50	50	applies to the fullest extent practicable to the enforcement of a
51	51	protective order under this subchapter, including provisions
52	52	relating to findings, contents, duration, warning, delivery, law
53	53	enforcement duties, and modification.
54	54	SECTION 2. Section 6.405(a), Family Code, is amended to
55	55	read as follows:
56	56	(a) The petition in a suit for dissolution of a marriage
57	57	must state whether, in regard to a party to the suit or a child of a
58	58	party to the suit:
59	59	(1) there is in effect:
60	60	(A) a protective order under Title 4;
61	61	(B) a protective order under Subchapter A or D,
62	62	Chapter 7B, Code of Criminal Procedure; or
63	63	(C) an order for emergency protection under
64	64	Article 17.292, Code of Criminal Procedure; or
65	65	(2) an application for an order described by
66	66	Subdivision (1) is pending.
67	67	SECTION 3. Section 102.008(b), Family Code, is amended to
68	68	read as follows:
69	69	(b) The petition must include:
70	70	(1) a statement that:
71	71	(A) the court in which the petition is filed has
72	72	continuing, exclusive jurisdiction or that no court has continuing
73	73	jurisdiction of the suit; or
74	74	(B) in a suit in which adoption of a child is
75	75	requested, the court in which the petition is filed has
76	76	jurisdiction of the suit under Section 103.001(b);
77	77	(2) the name and date of birth of the child, except
78	78	that if adoption of a child is requested, the name of the child may
79	79	be omitted;
80	80	(3) the full name of the petitioner and the
81	81	petitioner's relationship to the child or the fact that no
82	82	relationship exists;
83	83	(4) the names of the parents, except in a suit in which
84	84	adoption is requested;
85	85	(5) the name of the managing conservator, if any, or
86	86	the child's custodian, if any, appointed by order of a court of
87	87	another state or country;
88	88	(6) the names of the guardians of the person and estate
89	89	of the child, if any;
90	90	(7) the names of possessory conservators or other
91	91	persons, if any, having possession of or access to the child under
92	92	an order of the court;
93	93	(8) the name of an alleged father of the child or a
94	94	statement that the identity of the father of the child is unknown;
95	95	(9) a full description and statement of value of all
96	96	property owned or possessed by the child;
97	97	(10) a statement describing what action the court is
98	98	requested to take concerning the child and the statutory grounds on
99	99	which the request is made;
100	100	(11) a statement as to whether, in regard to a party to
101	101	the suit or a child of a party to the suit:
102	102	(A) there is in effect:
103	103	(i) a protective order under Title 4;
104	104	(ii) a protective order under Subchapter A
105	105	or D, Chapter 7B, Code of Criminal Procedure; or
106	106	(iii) an order for emergency protection
107	107	under Article 17.292, Code of Criminal Procedure; or
108	108	(B) an application for an order described by
109	109	Paragraph (A) is pending; and
110	110	(12) any other information required by this title.
111	111	SECTION 4. Section 160.6035(a), Family Code, is amended to
112	112	read as follows:
113	113	(a) The petition in a proceeding to adjudicate parentage
114	114	must include a statement as to whether, in regard to a party to the
115	115	proceeding or a child of a party to the proceeding:
116	116	(1) there is in effect:
117	117	(A) a protective order under Title 4;
118	118	(B) a protective order under Subchapter A or D,
119	119	Chapter 7B, Code of Criminal Procedure; or
120	120	(C) an order for emergency protection under
121	121	Article 17.292, Code of Criminal Procedure; or
122	122	(2) an application for an order described by
123	123	Subdivision (1) is pending.
124	124	SECTION 5. Section 25.07(a), Penal Code, is amended to read
125	125	as follows:
126	126	(a) A person commits an offense if, in violation of a
127	127	condition of bond set in a family violence, sexual assault or abuse,
128	128	indecent assault, stalking, or trafficking case and related to the
129	129	safety of a victim or the safety of the community, an order issued
130	130	under Subchapters A or D, Chapter 7B, Code of Criminal Procedure, an
131	131	order issued under Article 17.292, Code of Criminal Procedure, an
132	132	order issued under Section 6.504, Family Code, Chapter 83, Family
133	133	Code, if the temporary ex parte order has been served on the person,
134	134	Chapter 85, Family Code, or Subchapter F, Chapter 261, Family Code,
135	135	or an order issued by another jurisdiction as provided by Chapter
136	136	88, Family Code, the person knowingly or intentionally:
137	137	(1) commits family violence or an act in furtherance
138	138	of an offense under Section 20A.02, 22.011, 22.012, 22.021, or
139	139	42.072;
140	140	(2) communicates:
141	141	(A) directly with a protected individual or a
142	142	member of the family or household in a threatening or harassing
143	143	manner;
144	144	(B) a threat through any person to a protected
145	145	individual or a member of the family or household; or
146	146	(C) in any manner with the protected individual
147	147	or a member of the family or household except through the person's
148	148	attorney or a person appointed by the court, if the violation is of
149	149	an order described by this subsection and the order prohibits any
150	150	communication with a protected individual or a member of the family
151	151	or household;
152	152	(3) goes to or near any of the following places as
153	153	specifically described in the order or condition of bond:
154	154	(A) the residence or place of employment or
155	155	business of a protected individual or a member of the family or
156	156	household; or
157	157	(B) any child care facility, residence, or school
158	158	where a child protected by the order or condition of bond normally
159	159	resides or attends;
160	160	(4) possesses a firearm;
161	161	(5) harms, threatens, or interferes with the care,
162	162	custody, or control of a pet, companion animal, or assistance
163	163	animal that is possessed by a person protected by the order or
164	164	condition of bond; [or]
165	165	(6) removes, attempts to remove, or otherwise tampers
166	166	with the normal functioning of a global positioning monitoring
167	167	system; or
168	168	(7) commits any offense against the protected
169	169	individual or with respect to the individual's property.
170	170	SECTION 6. Sections 6.405(a), 102.008(b), and 160.6035(a),
171	171	Family Code, as amended by this Act, apply only to a petition filed
172	172	on or after the effective date of this Act. A petition filed before
173	173	the effective date of this Act is governed by the law in effect on
174	174	the date the petition was filed, and the former law is continued in
175	175	effect for that purpose.
176	176	SECTION 7. Subchapter D, Chapter 7B, Code of Criminal
177	177	Procedure, as added by this Act, applies only to an offense
178	178	committed on or after the effective date of this Act. An offense
179	179	committed before the effective date of this Act is governed by the
180	180	law in effect on the date the offense was committed, and the former
181	181	law is continued in effect for that purpose. For purposes of this
182	182	section, an offense was committed before the effective date of this
183	183	Act if any element of the offense occurred before that date.
184	184	SECTION 8. This Act takes effect September 1, 2021.