By: Moody H.B. No. 3350
A BILL TO BE ENTITLED
AN ACT
relating to a protective order regarding a defendant charged with
certain offenses against persons or property; creating a criminal
offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 7B, Code of Criminal Procedure, is
amended by adding Subchapter D to read as follows:
SUBCHAPTER D. PROTECTIVE ORDER FOR CERTAIN OFFENSES AGAINST PERSONS
OR PROPERTY
Art. 7B.151. REQUEST FOR PROTECTIVE ORDER. (a) A person
who is not otherwise eligible to file an application for a
protective order under Title 4, Family Code, or another provision
of this chapter may request the court to issue a protective order
under Title 4, Family Code, for the protection of the person or the
person's property at any proceeding in which the defendant appears
before the court related to an offense under:
(1) Title 5, Penal Code;
(2) Title 6, Penal Code;
(3) Chapter 28, Penal Code;
(4) Chapter 29, Penal Code;
(5) Chapter 30, Penal Code;
(6) Section 42.062, Penal Code; or
(7) Section 42.07, Penal Code.
(b) The request under Subsection (a) is made by filing an
application for a protective order in the same manner as an
application for a protective order under Title 4, Family Code.
(c) The request may be made by, as applicable:
(1) the victim of the offense;
(2) a parent or guardian acting on behalf of a person
under 18 years of age who is the victim of the offense; or
(3) the owner of the property that is the subject of
the offense.
Art. 7B.152. REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE
ORDER. The court shall issue a protective order in the manner
provided by Title 4, Family Code, if, in lieu of the finding that
family violence occurred and is likely to occur in the future as
required by Section 85.001, Family Code, the court finds that:
(1) probable cause exists to believe that an offense
listed in Article 7B.151(a) was committed; and
(2) the nature of the scheme or course of conduct
engaged in by the defendant in committing the offense indicates the
defendant is likely in the future to engage in conduct prohibited by
a provision listed in Article 7B.151(a).
Art. 7B.153. ENFORCEMENT. The procedure for the
enforcement of a protective order under Title 4, Family Code,
applies to the fullest extent practicable to the enforcement of a
protective order under this subchapter, including provisions
relating to findings, contents, duration, warning, delivery, law
enforcement duties, and modification.
SECTION 2. Section 6.405(a), Family Code, is amended to
read as follows:
(a) The petition in a suit for dissolution of a marriage
must state whether, in regard to a party to the suit or a child of a
party to the suit:
(1) there is in effect:
(A) a protective order under Title 4;
(B) a protective order under Subchapter A or D,
Chapter 7B, Code of Criminal Procedure; or
(C) an order for emergency protection under
Article 17.292, Code of Criminal Procedure; or
(2) an application for an order described by
Subdivision (1) is pending.
SECTION 3. Section 102.008(b), Family Code, is amended to
read as follows:
(b) The petition must include:
(1) a statement that:
(A) the court in which the petition is filed has
continuing, exclusive jurisdiction or that no court has continuing
jurisdiction of the suit; or
(B) in a suit in which adoption of a child is
requested, the court in which the petition is filed has
jurisdiction of the suit under Section 103.001(b);
(2) the name and date of birth of the child, except
that if adoption of a child is requested, the name of the child may
be omitted;
(3) the full name of the petitioner and the
petitioner's relationship to the child or the fact that no
relationship exists;
(4) the names of the parents, except in a suit in which
adoption is requested;
(5) the name of the managing conservator, if any, or
the child's custodian, if any, appointed by order of a court of
another state or country;
(6) the names of the guardians of the person and estate
of the child, if any;
(7) the names of possessory conservators or other
persons, if any, having possession of or access to the child under
an order of the court;
(8) the name of an alleged father of the child or a
statement that the identity of the father of the child is unknown;
(9) a full description and statement of value of all
property owned or possessed by the child;
(10) a statement describing what action the court is
requested to take concerning the child and the statutory grounds on
which the request is made;
(11) a statement as to whether, in regard to a party to
the suit or a child of a party to the suit:
(A) there is in effect:
(i) a protective order under Title 4;
(ii) a protective order under Subchapter A
or D, Chapter 7B, Code of Criminal Procedure; or
(iii) an order for emergency protection
under Article 17.292, Code of Criminal Procedure; or
(B) an application for an order described by
Paragraph (A) is pending; and
(12) any other information required by this title.
SECTION 4. Section 160.6035(a), Family Code, is amended to
read as follows:
(a) The petition in a proceeding to adjudicate parentage
must include a statement as to whether, in regard to a party to the
proceeding or a child of a party to the proceeding:
(1) there is in effect:
(A) a protective order under Title 4;
(B) a protective order under Subchapter A or D,
Chapter 7B, Code of Criminal Procedure; or
(C) an order for emergency protection under
Article 17.292, Code of Criminal Procedure; or
(2) an application for an order described by
Subdivision (1) is pending.
SECTION 5. Section 25.07(a), Penal Code, is amended to read
as follows:
(a) A person commits an offense if, in violation of a
condition of bond set in a family violence, sexual assault or abuse,
indecent assault, stalking, or trafficking case and related to the
safety of a victim or the safety of the community, an order issued
under Subchapters A or D, Chapter 7B, Code of Criminal Procedure, an
order issued under Article 17.292, Code of Criminal Procedure, an
order issued under Section 6.504, Family Code, Chapter 83, Family
Code, if the temporary ex parte order has been served on the person,
Chapter 85, Family Code, or Subchapter F, Chapter 261, Family Code,
or an order issued by another jurisdiction as provided by Chapter
88, Family Code, the person knowingly or intentionally:
(1) commits family violence or an act in furtherance
of an offense under Section 20A.02, 22.011, 22.012, 22.021, or
42.072;
(2) communicates:
(A) directly with a protected individual or a
member of the family or household in a threatening or harassing
manner;
(B) a threat through any person to a protected
individual or a member of the family or household; or
(C) in any manner with the protected individual
or a member of the family or household except through the person's
attorney or a person appointed by the court, if the violation is of
an order described by this subsection and the order prohibits any
communication with a protected individual or a member of the family
or household;
(3) goes to or near any of the following places as
specifically described in the order or condition of bond:
(A) the residence or place of employment or
business of a protected individual or a member of the family or
household; or
(B) any child care facility, residence, or school
where a child protected by the order or condition of bond normally
resides or attends;
(4) possesses a firearm;
(5) harms, threatens, or interferes with the care,
custody, or control of a pet, companion animal, or assistance
animal that is possessed by a person protected by the order or
condition of bond; [or]
(6) removes, attempts to remove, or otherwise tampers
with the normal functioning of a global positioning monitoring
system; or
(7) commits any offense against the protected
individual or with respect to the individual's property.
SECTION 6. Sections 6.405(a), 102.008(b), and 160.6035(a),
Family Code, as amended by this Act, apply only to a petition filed
on or after the effective date of this Act. A petition filed before
the effective date of this Act is governed by the law in effect on
the date the petition was filed, and the former law is continued in
effect for that purpose.
SECTION 7. Subchapter D, Chapter 7B, Code of Criminal
Procedure, as added 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 occurred before that date.
SECTION 8. This Act takes effect September 1, 2021.